The evidence must be solid

After reading your written description and picture evidence, I sympathize with your experience.

However, the law is the law, and sympathy is sympathy; sympathy cannot solve legal problems.

The evidence you produced can only show that the woman has the possibility or motive of cheating, and cannot be used as evidence - because the evidence you produced lacks support and corroboration of the facts to be proved, it is not inappropriate for the court to reject it.

As for the issue of custody, the law has express provisions - that is to say, the issue of the ownership of child custody has a legal basis. The law stipulates relevant provisions. According to the relevant circumstances of the child's parents, , there are corresponding custody provisions in the comparative provisions. The unsubstantiated evidence you produced is insufficient to support your claim for custody.

It is recommended that you find local professionals or knowledgeable friends and ask them to help you handle this matter; if you blindly file a lawsuit like this, it will be difficult to achieve the desired goal.

The following is some legal knowledge and common sense about evidence and custody rights. I hope you can take a good look at it:

In law, the trial and judgment of all lawsuits rely on evidence. Because it is the only one that can be believed in a court of law. In civil litigation, evidence has three characteristics.

So, what are the three properties of evidence in civil litigation?

The three properties of evidence in civil litigation mainly refer to authenticity, legality and relevance.

1. Authenticity means that the formation process of an piece of evidence is objectively true and is not intentionally forged by the party issuing the evidence. At the same time, the content can objectively reflect the facts to be proved. Sometimes, although a piece of evidence is not forged by one party, its content cannot objectively reflect the facts to be proved, and it is also not authentic. That is, authenticity includes two aspects: formal truth and substantive truth. When there is inconsistency between the two parties, the formal truth must obey the substantive truth. During cross-examination, these two aspects are indispensable. Otherwise, the evidence will not be authentic.

? 2. The legality of evidence refers to:

1. The evidence conforms to the legal form of evidence. There are seven legal forms of evidence in civil litigation. If it does not comply with these seven legal forms, Nothing in the form is legal

2. The evidence meets the formal requirements. For example, a contract signed by a unit must be stamped with the unit's seal, a unit certificate must have the unit's seal and the signature of the person in charge of the unit, and witnesses must have the ability to testify and the qualifications of witnesses, etc.

? 3. The source of the evidence is legal, including whether the subject issuing the evidence is qualified, whether the evidence collection procedure is legal, etc. Mainly manifested in: whether the subject issuing evidence has corresponding responsibilities. For example, a certificate from the village committee proves that a certain person has lost most of his working ability, but the person who issued the evidence does not have the qualifications to determine whether a certain person has lost his working ability. Have legality. For another example, an appraisal certificate issued by a unit without corresponding appraisal qualifications is not legal because the unit that issued the appraisal certificate does not have corresponding appraisal qualifications. Evidence collected in violation of the legitimate rights and interests of others is not legal because the evidence collection procedures are illegal. Various types of evidence have different legal forms, formal requirements, and legal sources, which should be paid attention to during cross-examination in court.

3. The relevance of evidence means that there must be a certain connection between the evidence and the facts to be proved. During the trial, some parties said during the cross-examination of evidence that the evidence was not relevant to the case. In fact, this statement was inaccurate. The relationship should be between the evidence and the facts to be proved by the party giving evidence (plaintiff, defendant, or third party). There is no correlation. Every case has facts that need to be proved, and the facts that need to be proved vary from case to case and even to different stages of litigation. Only if one party cites evidence to prove unproven facts that should not be proved in this case, can it be said that the evidence is not relevant to this case. For example, in a sales contract dispute case, if the seller is the plaintiff, and the plaintiff’s litigation claims are to be supported by the court, evidence must be provided for the following facts to be proved: the plaintiff is a qualified litigation subject in this case; A purchase and sale agreement was reached for the subject matter; the plaintiff delivered the subject matter that complied with the contract within the time limit stipulated in the contract; and the defendant had reached the payment deadline as agreed in the contract. It should be noted that the same piece of evidence can prove different facts to be proved, and several different pieces of evidence can prove the same fact to be proved.

The authenticity of civil litigation reflects why it is the best way to reveal facts, its legality reflects that it is legally protected, and its relevance reflects its effective strength. For the lawsuit to be successful, the evidence provided should meet these three characteristics.

Seven legal forms of evidence in civil litigation

The seven legal forms of evidence in civil litigation are: 1. Statement of the parties. 2. Documentary evidence. 3. Physical evidence. 4. Audio-visual materials. 5. Electronic data. 6. Witness testimony. 7. Appraisal opinions. Appraisal opinions are professionals who use their professional knowledge to analyze and identify case evidence materials and make opinions on specialized issues.

In the "Civil Procedure Law" and relevant judicial interpretations, there are detailed provisions on evidence, which specifically divide civil litigation evidence into seven statutory forms. The following is an explanation of the seven legal forms of evidence in civil litigation:

1. Statement of the parties.

Party statements refer to the statements made by the parties to the court regarding the facts related to the case during the litigation. The party's statement as a type of evidence is a characteristic of the classification of types of evidence in civil litigation in my country. The parties are the main body of the legal relationship in civil litigation. Since they have a direct interest in the outcome of the litigation, the statements made by the parties are characterized by the coexistence of truth and falsehood.

Therefore, when using this evidence, judges should be careful to prevent false evidence from being used as a basis for determining the facts of the case. The statements of the parties should be reviewed and verified in conjunction with other evidence in the case to determine whether they should be used as a basis for determining the facts of the case. factual basis.

2. Documentary evidence.

Documentary evidence refers to evidence that proves the truth of a case through the content or thoughts expressed in words, symbols, graphics, etc. The reason why this kind of item is called documentary evidence is not only because its appearance is in written form, but more importantly, the content it records or expresses can prove the facts of the case.

From the perspective of judicial practice, the forms of expression of documentary evidence are diverse. From the perspective of the expression method of documentary evidence, there are written, printed, and engraved forms; from the perspective of the carrier of documentary evidence, , including paper, bamboo, cloth and stones. In terms of specific forms of expression, common ones include contracts, documents, bills, trademark patterns, etc. Therefore, the main form of documentary evidence is various written documents, but sometimes it also appears as various items. Documentary evidence is a commonly used type of evidence in civil litigation and plays a very important role in civil litigation.

3. Physical evidence.

Physical evidence refers to evidence that proves the facts of the case based on its shape, quality, specifications, characteristics, etc. Physical evidence proves the true situation of the case through its external characteristics and its own attributes. It is not affected and restricted by people's subjective factors. Therefore, physical evidence is one of the important pieces of evidence in civil litigation. Common physical evidence in civil litigation includes: the subject matter of the dispute (houses, items, etc.); objects damaged by infringement (processed items, clothing, etc.); traces left behind (imprints, fingerprints), etc.

4. Audio-visual materials.

Audio-visual materials refer to a type of evidence that uses audio recordings, video recordings, information and data stored in electronic computers to prove the facts of a case. It includes video tapes, audio recordings, fax data, film reels, microfilm, telephone recordings, radar scan data and computer storage data and information. Foreign civil procedure laws generally do not treat audio-visual materials as an independent type of evidence, and only classify them into the categories of documentary evidence and physical evidence. In view of their independent characteristics, our civil procedure law classifies them into an independent category. evidence to be used.

5. Electronic data.

Electronic data is information stored in electronic media, including electronic signatures, information obtained through recovery of formatted hard drives, etc., which is different from traditional audio-visual materials such as video and audio recordings.

6. Witness testimony.

A witness refers to a person who knows the facts of a case and comes to the court to testify at the request of the parties and the summons of the court. The statement made by the witness to the court on the facts of the case is called a witness testimony.

7. Appraisal opinions.

Appraisal opinions are professionals who use their professional knowledge to analyze and identify case evidence materials and make opinions on specialized issues, which serve as a reference for judges to judge the authenticity of relevant evidence. In terms of nature, the important difference between the appraisal opinion and other types of evidence is that the appraisal opinion itself is the subjective judgment of the appraiser based on other evidence materials.

In other types of evidence, we strive to make the evidence materials consistent with the objective facts of the case and try to be separated from the subjectivity of the presenter; but in appraisal, the most valuable thing is the process of the appraiser identifying the evidence materials through subjective knowledge.

According to relevant laws, there are seven legal forms of evidence in civil litigation, including documentary evidence, physical evidence, witness testimony, electronic data, appraisal opinions, etc. However, it should be noted that in any civil lawsuit, the parties are not required to collect all seven types of evidence. It can only be said that relevant evidence is collected according to the needs of the actual situation.

Legal interpretation of child custody

When a couple embarks on the path of divorce, if the child custody issue cannot be resolved through agreement, the child custody issue can only be determined through a court judgment. Belong. As a result, the questions arise: "How does the court determine child custody?" and "How does a father or mother need to fight for child custody in order to be able to take care of the child personally?" The following is an introduction to these two issues.

1. How the court determines the custody of children

(1) The ownership of custody of divorced children under the age of two

According to our country’s judicial practice, when couples divorce, If there is no special agreement on the custody of divorced children or the couple does not reach an agreement when they divorce, children under two years old generally live with their mother. However, the mother suffers from an infectious disease or other serious disease that cannot be cured and the children are not suitable to live with her father; the child cannot fulfill the parenting obligation due to the conditions for raising children, and the father requires the children to live with him; due to other reasons, the children cannot live with the mother. Except for living ones. In other words, for children under two years old, when a couple divorces, the custody rights of the divorced children generally belong to the mother. However, if the mother has the above three exceptions, when the couple divorces, the custody rights of the divorced children will belong to the father.

(2) Ownership of custody rights for divorced children over two years old

Because children over two years old are less dependent on their mothers, our country’s law does not regulate the custody of divorced children over two years old. There are no preferential provisions on the ownership of custody rights. Instead, when it comes to the ownership of custody rights of divorced children, emphasis is placed on the conditions and ability of the divorced father and mother to bear the ownership of custody rights of divorced children.

(3) Children over ten years old should respect their wishes

Minor children over ten years old are persons with limited capacity for conduct and have a certain sense of judgment. Therefore, the court will generally Understand the child's wishes as a reference for the decision.

2. How to fight for child custody

In order to fight for child custody, divorced parents can collect evidence from the following aspects:

(1) Prove that they have done Sterilization surgery or loss of fertility due to other reasons;

(2) Proving that the child will live with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

(3) Another One party suffers from an infectious disease or other serious disease that cannot be cured;

(4) The other party has other conditions that are not conducive to the physical and mental health of the child and is not suitable to live with the child;

(5) One party’s income is stable, but the other party’s income is unstable and the other party has been away from home for a long time;

(6) The other party has bad habits, gambling, alcoholism, drug abuse and other bad habits;

( 7) One party has good moral character and the other party is at fault for the divorce.

The above is an explanation of the issues of "how the court determines child custody" and "how to fight for child custody". In real life, many divorced couples first choose to deal with child custody issues through negotiation, but some people are unable to reach an agreement on child custody through agreement, which requires court mediation and judgment. Once child custody is determined, it is difficult to make changes. So, if you really want to be with your children, be sure to fight for child custody.