Divorce Child Custody 2012 1 19

The child is so young, it is generally awarded to the mother.

If you want to fight for custody, you must either prove that your income is more stable than hers, and the environment can give your children a stable living environment. Either prove that your daughter-in-law's emotional instability is not conducive to the growth of the child, but you can't prove that she is mentally ill, if she is really mentally ill and prove that you can't get a divorce, then it is called abandonment.

The best solution is for her to file for divorce, and you agree on the issue of children and property, or you want to divorce as soon as possible and have children, but the property accommodates the other party's requirements and signs the divorce.

She is not mentally ill, and at least has a tendency to do so, at least with a large personality flaw. If you want to maintain the marriage, try taking her to the relevant doctor. If you don't want to maintain it anymore, you can choose to divorce.

If she does not agree, she will wait until the child is 1 year old to file a lawsuit, because the child is only 2 months old now, and generally the court will not accept the man's divorce request now. If it can be proved that she has mental problems, the custody of the child is still very likely to be given to you. However, if it cannot be proven, and she insists on having a child, it is more likely to be awarded to her, because the child is still young, and it will generally be awarded to the mother.

You should try to gather evidence that she is not fit to have children. It is recommended that you consult a lawyer, who will tell you that the evidence is valid.

Hello. You have a lot of questions, so I'll separate them one by one.

1.You slapped your wife in the face.

There is a situation in our country's marriage law called "domestic violence and causing certain consequences", which can be recognized as the breakdown of the relationship between husband and wife, that is to say, the determination of domestic violence is premised on certain consequences, and you slap your wife and it does not reach the level of domestic violence.

2.The issue of custody of the child.

You have to understand that your child is only 2 months old, and our country stipulates that the man cannot file for divorce within 6 months of the termination of pregnancy, and at the same time, children under the age of 2 live with their mothers in principle, so it is not only difficult for you to fight for custody of the child in the short term, but it is more difficult for the child to be 2 years old.

3.If you sue for divorce six months after the end of pregnancy, you also have to prove that your relationship has broken down, and this proof requirement is not so easy to meet, so if you really want to get a new divorce, please start to seriously prepare to collect evidence from now on, such as her noisy, some of her excesses, etc.

Hopefully you'll get through it.

Give it a moral support! Talk to a local lawyer. It's miserable, your life.

2. The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

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

Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.

Article 1084: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 child. Where children have reached the age of 8, their true wishes shall be respected.

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 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.

Article 56: In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The party living with the children is unable to continue to raise the children due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or has mistreated the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

Hello. According to your description, combined with the practical situation, you will have your problem from the following aspects.

First, what is the problem?

If you want to get custody of your child (award it to you), you need to do a lot of work. According to the third paragraph of Article 36 of the Marriage Law, after divorce, the child who is breastfeeding shall be raised with the breastfeeding mother in principle; Therefore, in order to obtain custody, it is necessary to work in accordance with Article 1 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Custody Issues in Divorce Cases.

Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she may live with her father: (1) suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons. ）

Second, what should you do?

According to the explanation of the first point, you can see where you can start to solve the problem.

1) Does your wife suffer from a "long-lasting infectious disease or other serious illness"? If so, you only need to have medical records, laboratory test sheets, prescriptions, etc. from a regular hospital;

2) Does your wife "have the conditions to support and fulfill the obligation to support her"? Previously, "leaving the child at my house, my mother taking care of the child for half a month" can be said to have met the conditions for not fulfilling the obligation to support the child. But it may be more difficult now.

3) Whether there is "a child who is unable to live with his mother for other reasons." ”？Although you have described a lot of the situation of your wife's family, it is uncertain whether you can meet this requirement.

In summary, it is not impossible for you to get custody of your child, but you need a solid evidence base. It is recommended that you do not rush. Of course, being able to reconcile is the best solution for your child and for you.

According to the law, the child basically belongs to you, so don't worry. Unless the judge doesn't have the eyes to see the verdict.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. As for the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, and the joint property of the husband and wife is jointly owned by the husband and wife, and it is generally half of one person.

If there is a disagreement with the divorce, you can provide evidence to prove that the two parties do have feelings, or that the relationship is conflicting but not broken, so the court will not grant a divorce.

I hope the above can help you.

1. When the husband and wife divorce, the battle for the custody of the child is only between the husband and wife, and the facial features of the man's parents.

2. Let the man give up custody, but it does not mean that the child is not his, he has no obligation to raise the child, and he also has to pay child support until he reaches the age of 18, unless you have another agreement.

3. If the woman's economy is really inferior to the man's, such evidence can be contested, but the actual situation is that the man does not have the obligation to be a father to the child, and the judgment will be decided by considering the child in many ways. If the child is over 10 years old, he is free to choose who he lives with.

If the husband is willing to give up custody after the divorce, but the husband's parents do not agree, it will not affect the judgment. If you are divorced by agreement, there must be an agreement for divorce by agreement, I think the man will not regret it, this will not involve the woman's financial ability, and you have the right to require the man to pay a certain amount of child support every month until the age of 18 (of course, if you don't want to, you can also give up) As long as you have a divorce by agreement, and the agreement is signed by both of you, the court will not ask a lot.

Who the child follows is more beneficial to the child's growth! The court will look at the basic circumstances of the two people to make a decision, of course, if the two people negotiate well (the best way is to discuss and negotiate). Once there is a basis to prove that the party with the child is not good for the child's growth and is not good for the child, he can still apply to the court to change the judgment, and the child has the right to choose!

The child has always been brought by you, and the law also clearly stipulates that the child is given priority to the one who takes care of the child

The impact is not great, and the written note has little effect, but if the man ignores the child, the court can award the woman custody.

I think what the court said is the man's request, that is, the man does not agree to the divorce, one party does not agree to the divorce, under normal circumstances, the court will not support the first time to sue for divorce, therefore, the man asks if the child is awarded to us, we agree to the divorce, therefore, the question now is whether you want to have custody of the child, if you really want to raise the child, then do not agree to award the child to the man, the court ruled that the divorce is not allowed, and then sue after six months, at this time the court will generally grant a divorce.

The custody of the child will be awarded to the party with the best conditions. And the other parent needs to bear a certain amount of child support.

Now they want a divorce. But don't know what to do about debt? In addition, if the child is raised by my brother-in-law's family, it will not be beneficial to the child2, if it can be proved that your brother-in-law is addicted to drugs, fight for the custody of the child for your sister.

Hello, the third paragraph of Article 36 of the Marriage Law stipulates: "After divorce, the children who are breastfeeding shall be raised with the nursing mother in principle. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the interests of the child and the specific circumstances of both parties.

According to the information you provide, the child is past the lactation period and has been taken by your mother, and the child should live with you. The other party pays child support. in the amount of 20-30% of their salary.

The principle of distribution of custody of children is based on the principle of being conducive to the development of children. Since your child has passed the lactation period, both parties should have equal rights to raise the child. According to your narrative, your advantages are:

1. You have a formal job and your salary is relatively stable. The other party is a temporary worker with an unstable salary. 2. The child has always had your parents and your family have established a certain relationship.

So I think it's much more likely that a child will give you a plate in general.