Should a woman have custody of her children after divorce, and should she leave with her children

After a divorce, a woman decides whether she wants custody of her children or not. The court decided on the principle of being conducive to the child's development.

The legal basis is the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts".

Children under the age of one 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 the age of 2 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 2, both the father and the mother request to live with them, and one of the parents 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 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 upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

5.In the event of a dispute between the parents over the age of 10 concerning the living of a minor child over the age of 10 with the father or mother, the child's opinion shall be taken into account.

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

Marriage Law of the People's Republic of China

Article 36.

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 parent or the parent.

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

After divorce, the child who is breastfeeding shall be raised with the nursing mother. 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 rights and interests of the child and the specific circumstances of both parties.

This should be analyzed according to the specific situation, if the woman has not taken the child since giving birth, does not like to take the child, and does not want to raise it, then there is no need to fight for custody. If the woman likes to take care of the child and wants to be accompanied by the child, then she needs to fight for custody, and she also needs to pay attention to the issue of agreeing on alimony when divorcing. Avoid unnecessary troubles in the future.

If you have the conditions, you can raise them yourself, children are a woman's greatest wealth, and it is worth the hardship.

In the case of divorce, the woman wants to take custody of the child: 1. The woman has evidence to prove that the child is not suitable to live with the male chain carrier; 2. The child is less than two years old, and living with the mother is more conducive to the child's growth; 3. The woman has the financial ability than the man, and can provide a better quality of life for the child, which is conducive to the child's growth.

Article 44 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Where a divorce case involves the support of minor children, the children under the age of two shall be dealt with in accordance with the principles provided for in the third paragraph of Article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it: (1) Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) Where there are conditions for raising children, the obligation to support them is not fulfilled, and the father requests that the children live with them; (3) For other reasons, it is truly unsuitable for the child to live with the mother.

Whether the divorced woman wants custody of the child needs to be analyzed and dealt with according to the specific situation. Decide whether to have custody of the child according to the following points: 1. Have been sterilized or have lost fertility due to other reasons; 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) 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, and 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 physical and mental health of the godchild, and it is not suitable to live with the child; 5. 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 grandparent for many years, and the grandparent requires and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the father or mother.

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 Article 44: Where divorce cases involve the support of minor children, children under the age of two are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it: (1) Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) Where there are conditions for raising children, the obligation to support them is not fulfilled, and the father requests that the children live with them; (3) For other reasons, it is truly unsuitable for the child to live with the mother.

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

Voluntary divorce proceedings.

There are two types of divorce: voluntary divorce and litigation divorce. Voluntary Divorce Procedure: 1. Application.

When a man and a woman apply for divorce by voluntary agreement, both parties shall apply for divorce in person at the marriage registration authority where one of the parties is registered with their household registration certificate, resident identity card, letter of introduction issued by their unit, villagers' committee or residents' committee, divorce agreement and marriage certificate. 2: Review.

The marriage registration authorities conduct a strict examination of divorce applications in accordance with the law, mainly to examine whether the parties are truly willing and whether they have reached an agreement on matters such as child support, financial assistance for one of the spouses, and property and debt disposal. 3. Approval. For those who meet the requirements for voluntary divorce, the registration authority shall approve the registration within one month from the date of acceptance of the application, issue a divorce certificate, and cancel the marriage certificate.

The parties dissolve the relationship between the husband and wife from the time the divorce certificate is obtained.

Yes. The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court decides on the ownership of custody in accordance with the principle of conducive to the growth of the child

The following factors are mainly considered: the education of both spouses, employment, income, age, family environment, age of children, etc.