What should I do if the divorced child belongs to the man and the woman do not do it

Don't forget it, find another one.

Legal analysis: You can negotiate with the man first to get back the custody, and if the negotiation is inconsistent, you can file a lawsuit with the court to get the custody back, and the court will make a ruling on the basis of considering the rights and interests of the children. It is your right to ask for alimony, and you can give it up.

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.

Lawyer's analysis: If the husband and wife divorce, if the divorce is agreed and it is agreed that the man will raise the child, the man may file a lawsuit with the people's court at the place where the woman's household registration is located, requesting that the woman be required to hand over the child to himself in accordance with the agreement; In the case of divorce by litigation and the court awards the judgment to the husband, the husband can apply to the court for enforcement.

Legal basis]:

Civil Procedure Law of the People's Republic of China》 Article 21: The people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation brought against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same lawsuit is in the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.

The woman also needs to continue to fulfill her maintenance responsibilities. The divorce of the husband and wife is only the dissolution of the marital relationship between the husband and wife, and it will not lose the guardianship duty of the children, so it is still necessary to bear the obligation to support the biological children. After the divorce, the children are still the children of both parents and still have the obligation to support them, regardless of whether they are raised directly by the father or the mother.

Article 1085 of the Civil Code of the People's Republic of China: Where children are directly raised by one party after divorce, 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 request to either parent for more than the amount originally set forth in the agreement or judgment when necessary.

Legal analysis: If the woman wants to divorce, the child may not necessarily belong to the man. The two parties can negotiate on who the custody rights belong to, and if the negotiation fails, the civil court will make a judgment; Children under the age of two years are raised directly by their mothers.

For children who have reached the age of two, and the parents of the closed family cannot reach an agreement on the issue of custody, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child based on the specific circumstances of both parties. In addition, where children have reached the age of 8, their true wishes shall be respected.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China states that the relationship between parents and children shall not be extinguished 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.

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.