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It depends on how old the child is, if it is still breastfeeding, then it will be awarded to the woman, if the child is not breastfeeding, it depends on who the child is more favorable to follow the parents.
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Prefer the party with good economic conditions, the party who is not at fault, the party who wants to raise the child, and the party who is conducive to the child's growth.
Think about getting married, don't have children within a few years of marriage, and if you have a child, you will be responsible for him, I wish you and your children happiness.
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In a divorce lawsuit, if the parties reach an agreement on the issue of child support, the court will generally respect the agreement, except where the agreement between the parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child. Where both parties agree to take turns raising children, the agreement between the two parties shall be respected.
If the child is less than two years old, if the divorced family has children under the age of two, then considering that the children are smaller and need more care from the mother, and some may still be breastfeeding, the law stipulates that the children generally live with the mother after divorce.
However, if the mother has special reasons and is actually unable or unwilling to raise the child, she may live with the father. Special reasons mainly refer to: the mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the mother has the conditions to support and does not fulfill the obligation to support the mother.
If the children of a divorced family are over the age of two years and the two parties are fighting for custody of the children, the court shall consider the circumstances of both parties equally to see which party is more conducive to the child's growth.
If a child has been with one of his parents for a longer period of time and has more affection for that parent, the child should live with that parent. A child who has lived with one of the grandparents or maternal grandparents for a longer period of time, or who has a deep relationship, may also be used as a reason to decide whether the child lives with the father or the mother. The court will take this factor into account when adjusting the congratulatory or judgment, and if the child is closer to the grandparents, then the general judgment will live with the father and, conversely, with the mother. Of course, this is when all other things being equal.
If one of the parents suffers from a long-term infectious disease, or has a situation that is not conducive to the physical and mental health of the child, such as drug abuse or theft, then the child is naturally not suitable to live with him.
It is also important to consider which parent needs the child more. For example, if one of the spouses has been sterilized or has lost the ability to bear children, then preference should be given to that spouse when there is no disadvantage in raising the child; In another example, if one party has no other children and the other party has other children, priority should be given to the former.
Minor children who are over the age of 10 and over are persons with limited capacity for civil conduct and have a certain ability to distinguish between right and wrong, so in divorce cases, the personal wishes of the children should be taken into account when dealing with the issue of who the children live with. However, this does not mean that minor children over the age of 10 can choose who to live with at will, and the court generally considers the opinions of the children when the father and mother are fighting for custody and both parties have the conditions to raise the child.
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Hello, generally the divorced parties can negotiate on the issue of custody and specify in the divorce agreement, but if the negotiation fails, they can also sue the court, and the court will make a judgment in accordance with the following standards
1. After divorce, children under the age of two are usually raised directly by their mothers;
2. For children between the ages of 2 and 8, if the parents fail to reach an agreement on the issue of child support, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties; Summarizing the experience of previous litigation, the lawyer believes that the main factors considered by the court when determining the ownership of child custody include the parents' financial ability, educational background, the child's original living environment, grandparents' educational background and willingness to raise children. In general, it is conducive to the healthy physical and mental growth of minor children is the general principle for determining the ownership of child custody;
3. If the child has reached the age of 8, the court shall respect the true wishes of the child.
Hope you find the above answers helpful.
Relevant Laws. Article 1084 of the Civil Code.
Parent-child relationship after divorce] The relationship between parents and children is not 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.
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If the two of you want to divorce, for the custody of the child, change and I said that it is best to negotiate between your husband and wife, if the two parties fail to negotiate, both want the custody of the child, the clear liquid can only be judged by the court, your family conditions are better, maybe the child will be awarded to you, but for the child, he also has the right to choose.
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When the divorce is made, Li Ju respects the opinions of both parties, if both parties want children, they are generally awarded to the mother who disturbs Jane, and if the mother does not have the ability to support the child, then she has to be fatter.
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Custody of divorced children is mostly awarded to the parent who is conducive to the child's upbringing, and if the child is over 12 years old, the child can choose freely.
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Children under the age of one or two years belong to the lactation period, and in order to ensure the development and growth of the baby, except for several special circumstances stipulated by law, it will generally be awarded to the woman. 2. For minor children over the age of two, both the father and the mother request to live with them, mainly considering the parents' economic status, personal qualities, living environment, sense of responsibility to the children, and the degree of emotional intimacy with the children.
If the evidence proves that one party is in good financial condition to support the child, he or she should submit proof of salary slips or other legal income, or evidence of living situation, which is conducive to the court's judgment that you can give the child a better living environment and growth environment. 2.Evidence that is conducive to the child's development:
Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference. 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. Therefore, it is important to obtain evidence in this regard.
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The issue of child support in divorce proceedings can be summarized as follows:
1) Raising children under the age of two. Children under the age of two are generally breastfeeding and generally live with their mothers. However, if the mother has any of the following circumstances, she may live with the father:
suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
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;
For other reasons, the child is unable to live with the mother.
Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.
2) 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:
have been sterilized or have lost their childbearing capacity 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;
If there are no other children, and the other parent has other children;
It is not appropriate for the other party 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.
3) 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 the child is alone with the grandparent or maternal grandparent.
Hello, the child is eight months old, and it has been taken care of by me and my parents, and he has never asked.
It's usually for women.
Can you elaborate on your financial situation?
Job, education, income, house, car.
These are only minor effects.
Question: I work in a state-owned enterprise, I am a worker, I have a house, I don't have a car, I have a college degree, and my monthly salary is about 6,000 yuan.
Ask why?
Now, the woman has a stable job.
Take care of the children all the time.
According to the principle of what is best for the growth of the child.
It will be awarded to the woman first.
But if the woman does not want custody of the child.
Will give to the man. Ask him if he has a cousin who has a relationship in the court, so is this not good for me? Will the court be biased?
You don't accept this.
You can appeal.
In this way, it is not under the control of his cousin.
Moreover, now the state is strictly grasping.
Is it useful to ask a question, appeal?
Hello, it's definitely useful.
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When a husband and wife divorce, the ownership of child custody is generally settled through negotiation first, and if both parties reach an agreement, no matter which party belongs to them, or both parties take turns to raise and raise them together. The court generally does not interfere, and if the negotiation fails, the court will decide on the custody of the child mainly on the basis of the rights and interests of the children and the specific circumstances of both parties.
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