Will the divorced girl be awarded to the woman

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts:

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

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.

2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

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

2) The child has lived with the child for a long time, and the change of 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.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

Hope you have a problem and have a great day!

The child will give the party who is good for the child's development, and if the child is very old, of course, follow the child's opinion, but if the child is still in infancy, it will definitely be given to the mother.

It depends on what you think.

There is no universal answer to your situation.

In the case of divorce, the husband and wife must clearly confirm the custody of the children when they divorce, and at the same time, it is also necessary to clarify the custody responsibilities of both husband and wife. Generally, daughters will be awarded to the woman when they are young, and to the man when they are older, but this situation is not the same answer, because the court will comprehensively evaluate the financial conditions and practical problems of both of you.

First, you need to clarify the way of divorce.

There are two ways to get divorced, the first is divorce by agreement, and the second is divorce by lawsuit. In most cases, many people will apply for divorce by mutual agreement, which is relatively low-cost and does not consume the energy of two people. If the two of you can't communicate rationally, one of you can sue for divorce by appealing.

After the court receives the divorce petition, the court will also assess your ability to support you and mediate the custody of your children. <>

2. Most of the child custody issues in divorce need to be mediated.

Regardless of which method you use to file for divorce, your custody question needs to be answered through negotiation between the two of you. I suggest that you negotiate before going to court, and it is best to reach an agreement on the issue of raising your daughter, and there is no need to toss too much. You need to comprehensively consider the economic strength and reality of both parties, and you must not be rash, because this time is for the good of your children.

3. It is recommended that you be cautious about the custody of your children.

Before you go to court, I think you need to make a comprehensive assessment of your ability to raise you, and you must not be rash. At the same time, you also need to ask your daughter for advice and ask who she wants to live with. If the negotiation between the two of you is unsuccessful, the court will generally give priority to the financial strength of both of you, and then will consider whether you have been at fault in the course of the marriage.

If there is no obvious fault in the marriage, the court will award the children to the financially capable parent. <>

If the daughter is under two years of age, it is generally given to the woman, and if the child is over ten years old, the child chooses by himself, and the child is between two and ten years old, the court will award it to whoever is conducive to the healthy growth of the child as the living conditions are favorable.

If the child is younger, within two years old, it will be awarded to the woman, and if the child grows up, it will be judged according to the economic conditions of both parties, and it will be awarded to the party with better economic conditions.

The judgment will be based on the financial conditions of the two of you, and if the man's conditions are good, the child will generally not be awarded to the man.

In divorce proceedings, custody of the child will be determined based on the father's comprehensive conditions, such as financial ability, mental condition, physical condition, and the child's wishes.

Legal analysis: If the children of a divorced family are over the age of two years and both parties are fighting for child custody, the court should consider the circumstances of both parties equally to see which party the children live with is more conducive to their growth. If a child has been with one of his parents for a longer period of time and has more affection for that parent, the child should live with that parent. A child who has lived with one of the grandparents or maternal grandparents for a longer period of time, or who has a deep relationship, may also be used as a reason to decide whether the child lives with the father or the mother.

The court will take this factor into account when adjusting or deciding, and if the child is closer to the grandparents, then the general judgment will be with the father and, conversely, with the mother. Of course, this is when all other things being equal.

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; 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.

Children under the age of one or two generally live with their mothers. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child. Clause.

2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman. Clause.

3. The child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman. Clause.

4. Under the premise that the conditions for raising both men and women, such as job stability and income are not large, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman. Fifth, the man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

Sixth, if both men and women are not at obvious fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, she will be more likely to get custody of the child. Seventh, children over the age of 10 live with their mothers at will.

Divorced girls are generally awarded to the man or the woman.

Children who are hungry under the age of one or two generally live with their mothers. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child. Clause.

2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman. Clause.

3. The child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child change greatly and affect their growth, the child is more likely to be awarded to the woman. Clause.

4. Under the premise that the conditions for raising both men and women, such as job stability and income are not large, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman. Fifth, the man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

Sixth, if both men and women are not at obvious fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, she will be more likely to get custody of the child. Seventh, children over the age of 10 live with their mothers at will.

Can you add, I don't quite understand it. Thank you.

In any of the following circumstances, it is deemed that the relationship between husband and wife has truly broken down.

1.One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

2.Lack of understanding before marriage, hasty marriage, and failure to establish a relationship between husband and wife after marriage, making it difficult to live together.

3.Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as husband and wife and not being cured for a long time.

4.One party deceives the other party, or falsifies the marriage certificate during marriage registration.

5.After the parties have registered their marriage, they have not lived together and there is no possibility of reconciliation.

6.Arranged or bought or sold marriages, where one party files for divorce immediately after marriage, or where a relationship between husband and wife has not been established even though they have lived together for many years.

7.Where they have been separated for 2 years due to emotional discord and there is no real possibility of reconciliation, or where they have been separated for 1 year or more after a people's court has ruled that divorce is not permitted, and they do not perform their obligations as husband and wife.

8.Where one party commits adultery or cohabits with another person, and there is still no sign of repentance after education, or the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism and education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce again, and there is no possibility of reconciliation.

9.One party bigamy and the other party files for divorce.

10.One party has vices such as drug addiction and gambling, does not fulfill family obligations, and refuses to change after repeated teachings, making it difficult for husband and wife to live together.

11.One party is sentenced to long-term imprisonment in accordance with law, or their illegal or criminal conduct seriously hurts the feelings of the husband and wife.

12.Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, and there is no whereabouts after a public announcement.

13.Being abused or abandoned by the other party, or being abused by the other party's relatives, or abusing the other party's relatives, and not changing after education, and the other party does not understand.

14.One party has committed acts of domestic violence.

15.The relationship between the husband and wife has indeed broken down due to other reasons.

Generally, it depends on the situation of the child and the brokerage situation of both parties.

1. The second bell is generally awarded to the woman within the age of the second eggplant.

The age of 10 is generally awarded to the party who is suitable for the child's growth according to the conditions of both parties.

Children over the age of age are mainly based on the child's wishes.

4. The special circumstances of the man and the woman shall be considered, such as the inability of one party to have children.

Hualu reminds you that premarital property notarization can effectively protect the rights and interests of the parties in the merger law, and even if a dispute is filed with the court, the court can hear it in a timely manner, and there will be no consequences of insufficient evidence or inability to verify. The above is the relevant information summarized for you, I hope it can help you, this ** is committed to creating an excellent legal consultation platform, if you still have questions, welcome to enter the lawyer consultation.

If the husband and wife divorce, the little girl under the age of two will be awarded to the woman. The law stipulates on custody: children under the age of two shall be raised directly by the mother;Where the parents fail to reach an agreement on the issue of custody of a child who has reached the age of two, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties;Where children have reached the age of 8, their true wishes shall be respected.

[Legal Basis].Article 1084 of the Civil Code.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the father or the mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

After the divorce, children under the age of two years shall be raised directly by the mother. Where the parents fail to reach an agreement on the issue of custody of a child who has reached the age of two, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties;Where children have reached the age of 8, their true wishes shall be respected.