The divorced son was awarded to Ban, and the woman did not give birth

How can it be more conducive to obtaining custody?

At the time of divorce, children under the age of two are generally raised by their mothers; If the child is over the age of 2 but less than 10 years old, it is easier for the party who has evidence to provide the child with better learning and living conditions. This includes providing proof of:

Nature of work. Working environment.

Income status. Living conditions.

Education. Character cultivation.

Status of other family members.

It is also possible to provide evidence against the other party to obtain custody of the child, such as:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

If the child is over 10 years old, the court will take into account the child's opinion when making a decision.

Therefore, it is also particularly important to strive for the child's recognition of the parent party.

Who generally raises children under the age of two?

Children under the age of two generally live with the woman.

Exceptions for children under the age of two who do not live with the woman but with the father are:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

At the time of divorce, if the woman is unable to have children, as long as the woman's condition is not particularly bad, it will be awarded to the woman. When the husband and wife divorce, the custody of the child is decided by the people's court, the people's court will consider the specific circumstances of the husband and wife, and then make a judgment in accordance with the principle of the most conducive to the growth of the child, after understanding the specific circumstances of both parties, if it is found that the woman is indeed unable to have a child, it will give priority to the woman, as long as the woman's situation is not particularly bad and will not adversely affect the growth of the child, the people's court will award the child to the woman.

[Legal basis].Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 46: Where parents request direct support for minor children who have reached the age of two, one of the parties may be given priority in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

3) has no other children, and the other parent has other children;

4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

Legal Analysis: Yes, but it depends on the circumstances. According to the provisions of China's Marriage Law and its interpretation, if one party is unable to have children, when a divorce is decided, the child should generally be awarded to the party who is unable to have children.

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 and slippery divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions they have reached through consultation on matters such as child support, property splitting, and debt disposition.

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; If the relationship has indeed broken down and mediation fails, 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 divorce proceedings, the divorce shall be granted.

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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087 In the event of divorce, the joint property of the husband and wife shall be disposed of by the agreement of the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal Analysis: For child support issues, courts generally proceed from the perspective of benefiting the physical and mental health of the children. Children under the age of two years are generally awarded to the woman for life.

For a minor child over the age of two, if both the father and the mother request to live with the child, and the woman has lost the ability to have children, in principle, the custody of the child will be awarded to the woman. If the child is over 10 years old, the child's opinion should be taken into account.

Legal basis: "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" Article 3: For children over the age of two years, both the father and the mother request to live with them, and one party may be given priority consideration in any of the following circumstances: (1) has undergone sterilization or has lost the ability to have children due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; (3) There are no other children, and the other party has other children; (4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

Legal analysis: At the time of divorce, if the woman cannot have children, as long as the woman's situation is not particularly bad, it will be awarded to the woman. When the husband and wife divorce, the custody of the child is decided by the people's court, the people's court will consider the specific circumstances of the husband and wife, and then make a judgment in accordance with the principle of the most conducive to the growth of the child, after understanding the specific circumstances of both parties, if it is found that the woman is indeed unable to have a child, it will give priority to the woman, as long as the woman's situation is not particularly bad and will not adversely affect the growth of the child, the people's court will award the child to the woman.

When the husband and wife divorce, if the woman is unable to have children, the custody of the children will be given to whom, depending on the actual situation: (1) if the children are less than 2 years old, the woman has no circumstances that are not conducive to the growth of the children, and the women will generally raise the children 2) For minor children who have reached the age of two and the woman cannot have children, priority will be given to the woman to raise them 3) If the child is over 8 years old, priority will be given to the willingness of the children to determine custody. In real life, due to the need to know that after the custody is changed, the staff will notify that the change must be made through notarization first, and when handling the notarization, it is also necessary to submit the identity certificate, divorce certificate, information about the child's body, and the custody agreement for change.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1)" Article 46: Where both parents request direct support for a minor child who has reached the age of two, one party may be given priority in any of the following circumstances: (1) Having undergone sterilization or losing childbearing capacity due to other reasons; 2) The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; 3) has no other children, and the other parent has other children; 4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

1. When the husband and wife divorce, if the woman is unable to give birth, who will have custody of the children depends on the actual situation

1) If the child is less than 2 years old, the woman has no circumstances that are not conducive to the growth of the child, and the woman is generally raised by the child;

2) For minor children who have reached the age of two and the woman is unable to have children, priority will be given to the woman to raise them;

3) If the child is over 8 years old, priority will be given to the child's willingness to determine custody.

[Legal basis].Article 46 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).

Article 1084 of the Civil Code of the People's Republic of China.

2. Can I change the custody of my children after divorce?

1) In practice, the child custody can be changed in the following two ways:

1. First, both parents of the child sign an agreement to change the custody rights, re-agree on the content of child support, visitation rights, etc., and directly change the custody rights of the children.

In real life, due to the need to handle the relocation of household registration after changing custody, the staff will inform that the change must be made through notarization first, and when handling notarization, it is also necessary to submit identity certificates, divorce certificates, children's identity information, and custody change agreements.

2. Second, if the two parties cannot reach an agreement through negotiation, they can request a change in child custody by filing a lawsuit with the court. To change custody through litigation, the statutory conditions for changing custody must be met, otherwise the court will reject the claim.

2) In addition, the change of custody can only be done through negotiation and litigation, and the parent who does not live with the child cannot change the custody without authorization, and these situations will be handled separately according to the specific circumstances.

The following methods can be used to deal with unauthorized changes in the custody relationship:

1. If there is a legitimate reason for taking away the child, the custody shall be changed by way of litigation, and the court shall determine whether to change the custody relationship.

2. If the child hides in the other party's home due to discrimination, abuse and other reasons, and expresses his unwillingness to live with the raising party anymore, the statutory person may sue the child and ask the court to change the child support relationship.

3. If the child is taken away without a legitimate reason, and the child is still not returned after persuasion and education, the court will take compulsory measures against the party who took the child, so if you want to change the custody of the child, you must use legal means to avoid being held responsible.

The woman can no longer have children, and the divorced child will be awarded to that party, depending on the amount of money:

1. Children under the age of two will generally be sentenced to live with the woman;

2. For a minor child over the age of two, if both the father and the mother request to live with the child, and the woman has lost the ability to have children, in principle, the custody of the child will be awarded to the woman;

3. If the child is over 10 years old, the child's opinion should be considered.

The documents required for a divorce by mutual agreement are as follows:

1. Divorce application: It is one of the standard documents for divorce by agreement, which needs to explain in detail the names, basic information, and content of the divorce agreement of the parties;

2. Divorce agreement: It is the core document of divorce by agreement, which needs to clarify the specific content of the parties' willingness to divorce, property division, child support, visitation and so on. The divorce agreement needs to be signed, stamped and notarized by both parties;

3. Marriage certificate and ID card: a copy of the marriage certificate and the ID card of both parties is required;

Circumstances of a divorce settlement include:

1. Conditions for divorce by agreement: First, both parties are legal husband and wife, that is, they have the conditions for marriage; The second is that the parties divorce voluntarily, which means that no one forced them; Third, after consultations, an agreement was reached on the issue of child support and the division of the joint property of the husband and wife;

2. Procedures for divorce by agreement: one is to apply, and the other is to review;

3. The time limit for divorce by agreement: The time limit for divorce by agreement is 30 days, because the Regulations on the Administration of Marriage Registration stipulate that after the parties apply for divorce registration, the divorce certificate can only be issued after a 30-day cooling-off period for divorce;

4. Child support: Child support is also very important in the divorce agreement, and it is generally easy to talk about adults, but the interests of children should be negotiated separately;

5. The issue of property division: The issue of property division is also very important in the divorce agreement, and the division of property is also the division of the joint property of the husband and wife.

In summary, the court will consider the best interests of the children when deciding custody and custody of the children. If there is a dispute between the spouses over the custody and custody of the child, the court will rule based on the actual needs and circumstances of the child. At the same time, the parties should respect the judgment of the court and perform the relevant obligations in accordance with the judgment of the divorce case.

[Legal basis].

Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is not 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 son and daughter. Where children have reached the age of 8, their true wishes shall be respected.