The child is two weeks and two months old, I want a divorce, I want a child, I am a woman, is there

The parents are divorced, and the baby under the age of two is raised by the mother, and the father bears the maintenance expenses. The custody of a baby over the age of two depends on who raises the child, which is conducive to its healthy growth. If the baby has been taken care of by you, and after the divorce, your living environment, nursery school, schooling, etc. are better than the child's father, it is possible to obtain custody.

This opinion is only based on the description of the questioner, and the final opinion should be determined after specific verification of the relevant facts, and this is not the final lawyer's legal opinion.

Legal analysis: Divorce is possible, but the man may not file for divorce, and the woman may divorce if the woman proposes or the people's court deems it necessary to accept the man's request for divorce. The law only stipulates that during this period, the husband is prohibited from suing for divorce.

Therefore, if both parties agree to divorce by agreement, in addition, the woman can sue for divorce at this time.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation and consolidate the court; If the relationship has indeed broken down and mediation is ineffective, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, the side file shall grant the divorce.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

1. If you want to divorce if you want both children, you need to prove that you are more suitable for raising children, while the other party has bad habits and is not suitable for raising children. 2. If both children are over eight years old, the child's will is very important.

Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.