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After the divorce, the child follows the father, which is mainly determined by the child's surname, bloodline, and the economic conditions of both parents.
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How custody of children is decided after 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.
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After a divorce, not all children are given to the father. The vast majority of divorced families have children and fathers, mainly because the father's family is more stable, the economic ability is stronger, and the children have a relationship with the father's surname.
Divorce is the most harmful to children, children can grow up in a healthy and loving environment of their parents, and the divorce of parents will make children lose such a stable environment of love. Most couples will let their children and their fathers after divorce, mainly because the children and their fathers have the following benefits after divorce:
1. My father's economic strength is stronger. Often after divorce, children and fathers are mainly interested in the father's stronger economic strength. Although many women in society are also strong in making money, due to many factors such as physical fitness and psychology, the economic ability of the vast majority of women in real life is still not as good as that of men.
Therefore, in the long run, the economic life of children and fathers will be more stable, and the economic pressure on women will be reduced a lot.
<>2. The father's family environment is more stable. After a couple divorces, both parties have the possibility of remarrying. The remarriage of a man is not the same as the remarriage of a woman.
The man's remarriage is when the family marries a woman and comes back, which is equivalent to a new mother for the child. There are no major changes in other grandparents, aunts, uncles, etc. For the remarriage of the woman, if she marries with the child, the relatives faced by the child will be more unfamiliar.
For example, there is not only a new father, but also a new uncle, a new aunt, a new grandparents, etc. This is a big challenge for the child's adaptability, so with the father, the child will grow up in a more stable family environment.
3. The child has the father's surname. In our country, the tradition is that the child is born with the man's surname. And if you follow your mother or even change your surname, this is still unacceptable to most people in China, after all, children can't forget their ancestors.
Generally speaking, from the perspective of traditional habits and social living environment, children and fathers will be better than mothers after divorce. But this is not 100%, it mainly depends on the economic environment and educational environment of the husband and wife.
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The main reason why children give to their fathers after divorce is that the father's financial ability is a little better than that of the mother, so most of the children are awarded to the father after the divorce; The main reason is that the child worships the father more, and the father thinks that the child is their family's species, so he is more conscientious in treating the child, and the relatives on the mother's side will let the mother look for it again, and other families will delay his future life after they have children.
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Due to the traditional hereditary ideology, the child is the inheritor of the family bloodline, the child raised by the father and the child raised by the mother have different personalities, often live with the father, the boy will be very masculine in the future, the father's strict requirements will make the boy learn to examine his own behavior, learn to take responsibility, and the boy will be better observed from the father, imitating the language of the man, which is conducive to the healthy development of gender health and behavior.
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Generally, after the divorce, the children are given to the father because in this family, except for the stepmother, they are all their relatives, and after keeping up with the mother, except for the mother, everyone is an outsider.
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The word divorce is actually a very sensitive word, and it may be a very humiliating thing for many people in the past, so even if the marriage is full of ups and downs, they insist that they will not divorce, but for today's people, divorce will not make us lose face, we only hope that our lives can be smooth and happyInstead of living a life of compromise or grievance, but after having children, many people will also consider the thoughts of children, because after all, for divorce, children have the greatest impact and damage.
In fact, children in divorced families not only need their mothers very much, but also need to pay more, and for some divorced families, most of them are one of the parents with the child. Therefore, children will inevitably be lacking in maternal love and father's love, and such a lack can easily make children feel inferior, or even autisticOr they are very weird in terms of personality and temperament, which is very detrimental to the child's physical and mental health.
Children of divorced families don't care about marriageSome children born in divorced families don't care about marriage, including feelings, and they don't believe so much, because the environment they accept since childhood is the kind of parents who fall apart and have resentment between each otherEven after divorce, there is not so much sense of responsibility for marriage, so children born in such a family and with such a personality have a great possibility of divorce in the future.
Children of divorced families pay more attention to marriage Children born in divorced families, in fact, in terms of personality and view of marriage, some children are extremely unconcerned, and some children pay more attention to marriage, and are full of responsibility in married life, it is precisely because of the environment in which they grew up that they have very negative emotions, so this type of people usually do not want their marriage and their children to repeat the mistakes of the pastThis is the sense of responsibility for the family is very heavy, no matter what, I don't want to go to the step of divorce, so some children in divorced families pay more attention to marriage and responsibility than children who grow up in normal families.
But no matter which extreme, the living environment of children from an early age will affect their physical and mental health to a certain extent, and children who grow up in perfect and intact familiesThe personality is always very cheerful and lively, while the children born in divorced families have a more depressed personality.
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After the parents divorce, it is not easy for the children to divorce, because the children know the great harm caused to them by the divorce of their parents, and they will not let their children suffer this kind of harm as well.
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No, these have nothing to do with children, as long as the children's view of love is very correct, and the concept of marriage is also very correct, it is impossible for such a thing to happen.
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There is no direct connection between the two, but it is possible that children may also have a deformed view of marriage due to the influence of their parents, so it is easy to repeat the old path of their parents.
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Yes. According to the General Principles of the Civil Law of the People's Republic of China.
Article 16: The parents of minors are the guardians of minors. Note: Where a minor's parents are deceased or have no capacity for guardianship, one of the following persons with guardianship capacity shall serve as guardian:
grandparents;
brother and sister; Other close relatives or friends who are willing to bear guardianship responsibilities have the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence.
Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's residence's residence is to be a close relative.
, specified. Where a lawsuit is filed against the designation, the people's court is to make a ruling.
Where there is no guardian provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.
Article 14: The guardian of a person who lacks or has limited capacity for civil conduct is his legally-designated person.
Marriage Law of the People's Republic of China.
Article 36: The relationship between parents and children is not extinguished by the divorce of 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, lactation.
The child shall be raised with the nursing mother as a 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 rights and interests of the child and the specific circumstances of both parties.
To sum up, the divorce of the husband and wife does not change the parent-child relationship with the children, and they still enjoy guardianship of the children, but only custody.
Attribution varies. The parents who have custody of the children are still their legal persons.
If you need more detailed consultation, it is recommended to consult Ma Cheng of the Shenzhen Divorce Lawyer Group on the China Marriage and Family Gold Medal Lawyer Network, or consult a Shenzhen marriage lawyer in order to understand more detailed legal provisions.
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Summary. Hello dear Hello Glad to answer your <>
When the child is given to the father at the time of divorce, the mother can still ask for it back, but the woman can negotiate with the man first, and if the negotiation fails, she can file a lawsuit with the people's court, and if the man has one of the following circumstances, the court will allow the change of custody relationship.
When the child was given to the father at the time of the divorce, can the mother still want it back?
Hello dear Hello Glad to answer your <>
When the child is given to the father at the time of divorce, the mother can still ask for it back, but the woman can negotiate with the man first, and if the negotiation fails, she can file a lawsuit with the people's court, and if the man has one of the following circumstances, the court will allow the change of custody relationship.
The court will approve the change of custody relationship: 1. Unable to continue to raise children due to serious illness or disability; 2. Failure to fulfill the obligation to support the child or abuse the child, or the fact that living with the child has an adverse impact on the child's physical and mental health; 3. Children who have reached the age of 8 and are willing to live with the other party, and the other party has the ability to support them; 4. There are other legitimate reasons for the change. Legal basis: Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, 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 parent living with the child is unable to continue to raise the child due to serious illness or disability; (2) The party living with the child does not fulfill the obligation to support the child or abuses 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 party who has the ability to support them; (4) There are other legitimate reasons for the change. Article 57 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that where both parents agree to modify the child support relationship, the people's court shall support it.
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Legal analysis: At any time after the divorce, if there is a major change in the circumstances or support capacity of one or both parties, a request for change of child custody can be filed. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation.
1. In any of the following circumstances, the people's court shall support the modification of child custody rights:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party talks about the child's life and has no impact on the child's physical and mental health; Ant skin.
3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;
4) There are other legitimate reasons to change.
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 the party who collided with an object is declared missing, and the other party initiates a divorce lawsuit, 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.
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