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Evidence, evidence and evidence, part 2 Child Custody

(2014-10-31 16:15:25)
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child

custody

If you ask me, child custody is what you have to fight for no matter how slim your chance is to get.

The reasons are multiple. No. 1: Your child will know finally at least you are fighting for his or her custody and you love him or her. The pain caused by the problem that father or mother does not want me will be lessened if not totally erased. No. 2: To fight for the child custody makes you a human to the judge. In divorce courts, most of the judges are married with children and a parent who does not want the child custody looks bad to the judge. No. 3, child custody, is in fact, a very, very important factor the court will take into consideration in division of community assets especially where there is a house involved. Sometimes, who gets the child custody will get the only house for the court hates to see a child with a parent homeless. No.4 It is just a strategy to push the other party to make a concession.

It is true that for a baby under two years’ age, the female party will get the child custody unless she gives up or there exist circumstances which are considered by law that the child custody shall not be granted to the female party. However, it is not absolute as more and more attention is paid to the real interest of the child by the court for what is best to the child.

For the baby between two years old and ten years l, chance is equal but in fact, it is not equal. The main and sometimes the only factor the court checks is with whom the child is living when divorce lawsuit is initiated. Basically, the court does not what to change the present situation of the child if the child has a normal life when the divorce occurs. In real life, to create the fact that the child is living with her or him, one party, before the divorce, will on purpose “steal” the child away from the other party who as a matter in fact is directly raising the child. Cases are not rare and when that happens, even the child losing party calls the police 110, the police will stay out of the business since it is a domestic dispute and is out of the police control. (Chinese police are always too busy to be engaged in important criminal cases.) Keep a close eye to the child and let the school and day care institute notify you at the first time when some one else picks up the child.

When nothing like that exists and the parents jointly exercise their custody over the child, like five days at the father’s and two days at the mother’s, the following factors will be taken into consideration and evidence need to be submitted based on those factors.

1. income of both parties

A stable income is comparatively important so as to maintain the present normal life of the child. The income gap between the couple is not so important as it is enough that the child’s basic needs of living, schooling and hospital treatment are satisfied. Private school is better but public school is enough. Evidence to prove you have a decent job is enough and for the full time mother with no savings in personal account, make sure to find a job immediately after the separation start.

 

2. Time available to take care of the child

For the full time job parents, it is not possible to spend all the time with the child and if grand parents offer their help to take care of the child, that will be a plus. A statement from the grandparents is necessary to support their willingness to help the child raising and if there is financial aid from the grandparents, that will be better.

 

3. Personal character

Foreign clients always over exaggerates the importance of such a personal character and will do a lot of talk about how bad the other party is and how rough and indecent the parents of the other party is and the other party will ruin the child. This is a total different story in China and the flow in personal character does not make her or him a bad mother or father unless he or she is a convicted criminal. So save the efforts in this point and it is not wise of you to talk ill of the other party at court, after all, he or she is your baby’s father or mother.

 

4. Nationality

In foreign related divorce, nationality is a factor the court will consider as it is about the child’s future life, where to live, where to get educated and etc. So make sure to have your baby follow your nationality when he or she was born.

 

5. Registered residential place

For a Chinese couple divorce, the registered residential place counts only when the child’s registered residential place follows one party and there are good education resources around such a place. After all, child’s interest first but how much that factor counts in child custody remains unknown.

 

6. Other factors

The old age of one party to the divorce may make it impossible to have another baby. Or a party is declared by the hospital that she can no longer have any baby. Or the person may have serious disease unfit for the child raise and etc. Medical evidences need to be prepared to support such a point.

 

It is a comprehensive consideration of the court when child custody is concerned. My suggestion is that always have your baby at side before the divorce and even if you can not take the child with you, always send your money to the other party for the child living during the separation as every penny you spent on the child will be deducted from the community assets and compensation can be claimed for the failure to pay the child raising fee during the separation. In a word, always have the child’s interest first.

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