Divorce, how to get support, how to fight for child support in divorce

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 the age of two lives 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.

First: How old is the child, and can the child speak? The child has a choice.

Second: which one of the men and women has a good educational environment and a good financial environment. It can give children a healthy environment to grow up.

Third: that is the emotional factor, and the other party's unfavorable evidence, such as the other party has no money, does not like the child, and has not been with the child.

Better conditions than the other party to educate children.

Legal analysis: ways to fight for child custody in divorce: 1. Fight for child custody by confirming that one's education and income are better than those of the other party, so that the child can better grow and cultivate the child; 2. If the child has reached the age of eight, you can actively communicate with the child and let the child choose to live with yourself to fight for the custody of the child.

In addition to the above-mentioned methods of fighting for child custody, the general principles for the distribution of child custody rights are as follows: 1. The principle that children under the age of two are directly raised by the mother; 2. Children who have reached the age of 2 but are not yet 8 years old shall be determined by both parents through negotiation; where it cannot be determined through negotiation, the court shall make a judgment in accordance with the choice that is most beneficial to the child; 3. Children who have reached the age of eight should respect their personal wishes.

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 child.

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

You and your wife can negotiate a divorce, or if not, you can go directly to the court and sue for divorce.

Raising of children during lactation. "After divorce, the child who is breastfeeding shall be raised by the nursing mother in principle. "This is because breastfeeding is best for the baby's growth and development.

In the interests of the baby's growth and development, after the divorce of the husband and wife, all children who are breastfeeding should be raised by the nursing mother in accordance with the law.

But in real life, there are also many children who are born without breastfeeding. In such a situation, when the couple divorces, how to determine the custody of the child? The judicial interpretation stipulates:

Children under the age of two generally live with their mothers. However, if the mother has any of the following circumstances, she may also live with the father: first, the mother suffers 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; Second, the mother has the conditions to support the child and does not fulfill the obligation to support her, and the father requires the child to live with him, and there is no adverse impact on the healthy growth of the child; Third, the child is truly unable to live with the mother for other reasons, such as the mother's financial ability and living environment are obviously unfavorable to raising the child, or the mother's misconduct is not conducive to the child's growth, or the child cannot be raised after being sentenced to a prison sentence for breaking the law or committing a crime, etc.

The above opinions are for reference, I hope it can help you!

This is legally impossible, because relationship problems will not affect the custody responsibilities, so you can rest assured that you will get a divorce and the children will be given to you!

Can you try not to divorce as much as possible, it is not good for the growth of children, if you still love your daughter.

If you want to fight for custody of your child.

You first have to find out how you compare to each other.

Advantages that are more suitable for raising children.

The second is to win over the children.

Willingness to live with you.

If you do these two things well, you can rest assured.

I wish you all the best.

Husband and wife discuss it. And then the court ruled like this.

It depends on the parent's ability to raise it, generally the girl is awarded to the mother, and the boy is awarded to the father, and the parent has a high income and the custody is easy to get, and if the child is only 2 years old, it is generally awarded to the mother.

1. Evidence of the basic conditions of both parents. Modern life is fast-paced, and children are often not brought by either spouse, especially for preschool children, often by one parent. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.

2. Evidence collection of children's living environment. The principle of handling the issue of child support in divorce cases is not to affect the healthy growth of the child. If both parties are divorced, but one of them is close to the school, or the living community is mature, which is most beneficial to the child's school and life, of course, the possibility of obtaining child custody will be greater.

3. Evidence of the basic conditions of both parties. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation. 4. The child's opinion is very important.

Generally speaking, when dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of eight and make a record of the case file. Legal basis: Article 1 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts provides that 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: for a minor child over the age of two, both the father and the mother request to live with the child, and one of the following circumstances may be given priority: (1) has undergone sterilization or has lost the ability to bear children 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.

Divorce by mutual agreement must go through three steps in the specific procedure: application, review and registration.

1 Application. Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Mainland residents who have registered for divorce shall present the following documents and supporting materials: their household registration booklet and identity card; Marriage certificate of the applicant; A divorce agreement signed by both parties. In addition to the above-mentioned certificates and supporting materials, Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese, and foreigners who have gone through divorce registration shall also present their own valid passports and identity cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents.

Among them, the divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt handling.

2 Review. The marriage registration organs shall review the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

During the review process, it is necessary to have a comprehensive understanding of the content of the agreement, especially whether the parties' intention to request divorce is genuine, whether the support of children, help for one of the spouses' living difficulties, division of property and debt treatment are appropriate.

3 Registration. After examination, the marriage registration management authority shall register those who meet the requirements for divorce, issue a divorce certificate, and cancel the marriage certificate; When registering a divorce, if the parties have not reached a divorce agreement, are persons with no or limited capacity for civil conduct, or their marriage registration is not in Chinese mainland, the marriage registration authority will not accept the application. Where registration is not met and the legally-prescribed requirements are not met, the reasons for not registering shall be explained in writing.

The parties shall dissolve the relationship between husband and wife from the date of receipt of the divorce certificate. If one of the parties to a divorce fails to perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit in the people's court.

If you need help specifically, you can add me directly as a friend!!

Hey, it's always sad.

It's all like this, only fate.

May you have a good relationship again.

If the man does not agree to the divorce, you can only get a divorce by filing a lawsuit with the court. Regarding child custody, children under the age of 10 are generally raised by the woman.

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. 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, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person.