Who Gets The Kid After A Divorce? – Law In A Minute

Who Gets The Kid After A Divorce?

Our topic for today is on what happens after a divorce in China and we shall talk about who gets the child after a divorce, visiting rights for the parent who doesn’t have custody and how much alimony should be.

The age of the child is a main factor when considering which parent gets the kid. If the child is under the age of 2, he or she is usually awarded to mum due to breastfeeding issues. From ages 2 to 8, the courts will consider factors like which parent can better provide for the child, has more time and whether or not that parent already has a child that he has custody of. When the child reaches age of 8, the court will respect the decision of the child and let him choose his parent.

Just that one parent has custody of a child doesn’t mean that the other parent loses all rights to take care of his son or daughter. This is when we come to visiting rights. Usually speaking, once a week is a reasonable amount of time according to actual practice. Stay overs are allowed as well, and both parents have to just agree on the time and place of visit every weekend.

For alimony, three main factors are taken into consideration, which are actual needs of the child, how much money the parent earns, and the cost of living in that city. Please note that it is the parent who does not get child custody here pays for alimony, as the other parent is paying for basic fees like rent and food. Generally speaking, 20-30% of the parent’s salary is awarded as alimony to the other parent who takes care of the child.