The two parties have a child, and the woman cannot have children in the future, and after the divorc

First of all, although the two parties are divorced, the relationship between the two parties and the children cannot be changed because of the divorce of the two parties. In other words, as the guardian of the child, he has the right to fight for the custody of the child.

Secondly, if the two parties cannot negotiate the issue of child custody, then it can be resolved through litigation. At the same time, the loss of fertility due to other reasons in this case can be used as a basis for the court to determine the custody of the child. However, the court will also conduct a comprehensive analysis in the interests of the child.

The following is the specific basis for the court's decision on child custody:

Children under the age of 1 and 2 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) 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 will live with the father and that there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children who are minors over the age of two, 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 maintenance 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 is able 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 a minor child living with his or her 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 children, where both parents agree to take turns raising the children, it may be permitted.

It should belong to the woman, so it is fairer.

At the time of divorce, if the woman is unable to have children, as long as the woman's condition is not particularly bad, it will be awarded to the woman. When the husband and wife divorce, the custody of the child is decided by the people's court, the people's court will consider the specific circumstances of the husband and wife, and then make a judgment in accordance with the principle of the most conducive to the growth of the child, after understanding the specific circumstances of both parties, if it is found that the woman is indeed unable to have a child, it will give priority to the woman, as long as the woman's situation is not particularly bad and will not adversely affect the growth of the child, the people's court will award the child to the woman.

[Legal basis].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 (1) Article 46: Where parents request direct support for minor children who have reached the age of two, one of the parties 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 him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

3) has no other children, and the other parent has other children;

4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

If the husband and wife divorce with two children, the wife may or may not have custody of the children, but it is sufficient for both parties to reach an agreement, and if the children are directly raised by one party, the other party shall bear part or all of the maintenance. 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.

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 demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1086 of the Civil Code of the People's Republic of China After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the assistance of Yichun Sui. The manner and time for exercising the right of visitation shall be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

Legal analysis: At the time of divorce, if the woman cannot have children, as long as the woman's situation is not particularly bad, it will be awarded to the woman. When the husband and wife divorce, the custody of the child is decided by the people's court, the people's court will consider the specific circumstances of the husband and wife, and then make a judgment in accordance with the principle of the most conducive to the growth of the child, after understanding the specific situation of both parties, if it is found that the woman is indeed unable to have children, it will give priority to the woman, as long as the woman's situation is not particularly bad and will not adversely affect the growth of the child, the people's court will award the child to the woman.

When the husband and wife divorce, if the woman is unable to have children, the custody of the children will be given to whom, depending on the actual situation: (1) if the children are less than 2 years old, the woman has no circumstances that are not conducive to the growth of the children, and the women will generally raise the children 2) For minor children who have reached the age of two and the woman cannot have children, priority will be given to the woman to raise them 3) If the children are over 8 years old, priority will be given to the willingness of the children to determine custody. In real life, due to the need to transfer the hukou after changing the custody rights, the staff will notify that the change must be made through notarization first, and when handling the notarization, it is also necessary to submit the identity certificate, divorce certificate, child identity information, and the custody change agreement.

Legal basis: "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 (1)" Article 46: Where both parents request direct support for a minor child who has reached the age of two, one party may be given priority in any of the following circumstances: (1) Having undergone sterilization or losing childbearing capacity due to other reasons; 2) 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) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.