Who has custody of a divorced child while breastfeeding?

Under normal circumstances, if the husband and wife want to divorce, but the child is still breastfeeding, then the custody of the child belongs to the mother, except in special cases, the custody of the child belongs to the father. Regardless of who ultimately owns custody of the children, both parties after the divorce have the obligation to support, educate and protect the children. The child is still breastfeeding and cannot leave the current one, so the custody of the child for the divorced couple during this period is not negotiable to the woman.

This is not absolute, and there are some special circumstances where custody will go to the man.

First, if the divorce is caused by a contagious disease or other disease, the child is not suitable to live with the mother, and the custody should belong to the father. After all, illness is not suitable for raising children, and it is not possible to live with children, which is not only hard but also can transmit diseases to children. Sick mothers are not allowed to feed their children, which is also for the sake of the child's safety, although it is cruel but there is no way to do it.

Second, if the woman is able to support the child but is not obliged to do so, and the man asks the child to live with him, there is no doubt that the right to support the child belongs to the father. Nowadays, some young mothers would rather enjoy themselves than raise their children, although it is said that maternal love is the greatest, but there are still such selfish mothers.

Divorce will have an impact on the physical and mental health of the child to some extent, and the children of single parents will generally have some deficiencies in their personality. In daily life, husband and wife will inevitably have some contradictions, and many problems cannot be solved when both parties calm down, so impulsive divorce will not only break up the complete family, but also hurt the children.

Article 1084 of the Civil Code states that the relationship between parents and children shall not be 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. 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 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.

Divorce during lactation, the child will generally return to the mother, this is because the baby in the lactation needs more mothers to take care of, but if the child does not need breast milk, and the mother has the following situations, the child's father also wants to raise the child, then at this time the child can live with the father.

1) The mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the child should not live with her;

2) The mother has the conditions to support the child and does not fulfill the obligation to support her, and the father asks the child to live with him;

3) For other reasons, it is not suitable for the child to live with the mother.

If you divorce by mutual agreement, you can also negotiate between the two of you, and the child can live with the father.

[Legal basis].

Marriage and Family, Judicial Interpretation I

Article 44: Where divorce cases involve the support of minor children, children who are not yet two years old are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1) Suffering from a long-lasting infectious disease or other serious illness, and the child is not suitable to live with them;

2) The father has not fulfilled the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him;

3) For other reasons, it is truly unsuitable for the child to live with the mother.

Article 45: Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

Civil Code of the People's Republic of China

Article 1079:[Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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.

Article 1080:[Time for Dissolution of Marriage Relationship]The marriage relationship is dissolved when the registration of the divorce is completed, or the divorce judgment or mediation document takes effect.

The custody issue of a divorce during lactation should first be determined in accordance with the relevant local laws and regulations and the judgment of the court. In general, laws and regulations have clear provisions on the attribution of custody in divorce in marriage.

At this stage of the child's breastfeeding period, the law usually gives the mother more custody rights, so it is important to breastfeed carefully. If the woman is not able to complete the maintenance task, the man can apply for custody. The court will make a judgment based on the actual situation of the child, taking into account the wishes of both parents, financial ability and family conditions.

In this case, the woman suffers from fava bean disease, but this is not a reason to deprive the woman of custody. It is only possible to influence the court's decision on custody if the disease seriously affects the child's life, growth, and health. The husband is not at fault, and Xiaoshan may play a certain role in the custody judgment, but it is not an absolutely decisive factor.

In short, due to the different laws and regulations of each country and region, the issue of custody ownership needs to be clearly ruled according to the relevant local laws and regulations and the actual situation. It is recommended to seek professional legal advice and popularize relevant legal knowledge before divorce, so that you can protect the legitimate rights and interests of yourself and your children after divorce.

In principle, the children are raised by the woman, and if the woman has no desire to raise them or the man has a strong desire to raise them, the parties may also agree that the husband will obtain custody rights after consultation.

If the child is less than 2 years old: According to Article 1 of the Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts issued by the Supreme People's Court on November 3, 1993, "children under the age of 2 generally live with their mothers".

Extended Materials. Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations of the husband and wife through agreement or litigation.

According to the provisions of the Marriage Law of the People's Republic of China, if the relationship has indeed broken down and the mediation fails, the divorce shall be granted, and the "relationship between the husband and wife has indeed broken down" is the legal condition for the judgment of divorce.

The Civil Code of the People's Republic of China came into effect on January 1, 2021, and in order to implement the provisions of the Civil Code on the cooling-off period system for divorce, the Ministry of Civil Affairs has adjusted the marriage registration procedures and added a cooling-off period to the divorce procedure. The newly adjusted divorce registration procedures include application, acceptance, cooling-off period, examination, registration (issuance), etc.

The vast majority of divorced people are always depressed, depressed and sad after divorce, regardless of gender, they show resentment, dissatisfaction, low self-esteem, see through the red dust and other negative psychology. At the same time, in the face of criticism and white eyes from those around them, they will feel lonely, helpless, and resentful. For women who are tight-minded and sensitive, this frustration is even more damaging to their health.

Many divorced women are haggard with their energy by talking to each other and pointing behind their backs, which makes them full of pessimism and despair about the future and life, so depression, insomnia, anxiety and other psychological problems have come to the door.

Divorce by mutual agreement refers to the legal act of dissolving the marriage relationship between the husband and wife by mutual agreement in accordance with the provisions of the law. According to article 31 of the Marriage Law, if a man and a woman divorce voluntarily, both parties must apply for divorce registration at the marriage registration office. If, after formal and substantive examination, the marriage registration authority confirms that both parties are willing and that the issue of children and property has been properly handled, it shall handle the divorce registration and issue a divorce certificate.