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Non-US Laws/child custody in a divorce

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Expert: John Dong - 4/12/2007


Question
My Chinese friend lives in Shanghai. She has been married for 14 years and has a 13 year old daughter. Her husband wants a divorce because he thinks she has had extramarital affair. She denies having affair. He wants custody of their daughter. He has a good paying job. She has a job also but does not make as much money. The daughter wants to be with her mother.

Who will China courts typically award custody of the child to in this situation? Can a lawyer help my friend win custody? If so, can you recommend a good lawyer in this field in Shanghai?

Thank you  

Answer
Hi Steve,

With regard your friend's case, there would be several stages in the divorce proceeding.

1. If the couples can get an agreement on the divorce, they can go to the civil administration bureau for a divorce by agreement;

2. If they can't divorce by agreement, both parties can come to court bringing divorce suit;

3. If the court give a divorce judgement, there would be problems of distribution of property, child custody.

4. The court will consider the desire of the children, life custom, and bring-up conditions, and etc.

5. Your friend have much possibility on the child custody  as your question said.

6. I can recommend some shanghai lawyers for your friend, but at last it's your friend's decision weather consign the lawyer.

7. Any Chinese related legal problems, you can feel free contact me.

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John Dong

Expertise

Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law. skype: johnsondong email: dong_xz#tom.com https://www.xing.com/profile/John_Dong3

Experience

Over 10 years practice in the field of Chinese law and international law. Extensive practice in company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.

Organizations
Yingke Law Firm Guangzhou Office. Attorney at Law. Address: 15,16,17,18/F, B tower, Southern Media Building, No.289 Guangzhou Avenue M., Guangzhou, Guangdong, P.R. China. Post Code: 510610 Tel: 8620-6685-7288 Fax: 8620-6685-7289 Mobile: 86-189-2611-5891 http://www.yingkelawyer.com/

Publications
Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.


Education/Credentials
Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.

Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.


Past/Present Clients
V*** Inc. (US, NY), F*** Co., Ltd. (US, NY), V*** Inc. (US, CA), S*** GmbH (Germany), S*** Ltd. (Japan), N*** Group. (Italy), W*** Gmbh&Co.KG. (Germany), N*** (CHINA) LIMITED(Hong Kong), L*** Limited of Hong Kong, D*** Bank, Ltd. (Hong Kong), K*** Limited (Hong Kong), F*** Limited (Hong Kong), P***HoldingsCo. Ltd. (Hong Kong), N*** Holdings Limited. (Hong Kong) and etc.

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