Help, can parents choose who their children can go with? 20

Updated on technology 2024-03-19
5 answers
  1. Anonymous users2024-02-06

    You can choose if you get it. But if you have two children, you will usually have one for each child.

    But also according to your dad's financial ability and his temper.

    If he doesn't have the ability to support himself, and he doesn't have a good temper or anything.

    There's evidence, and if you want to talk to your mom, that's not a problem.

    Your mother doesn't have a job, and this problem is more troublesome, and she can't support her.

    If your dad wants you both in turn, that's possible.

  2. Anonymous users2024-02-05

    You can choose, as long as you let the judge know what you want, the judge will respect the child's wishes. But if your father insists on letting you go with him, it should be a bit of a problem.

  3. Anonymous users2024-02-04

    Yes, you should consult a lawyer.

  4. Anonymous users2024-02-03

    Legal Analysis: When parents divorce, children can choose who they want to go with. If the child is sold at least eight years old, the court will consider the child's own wishes when deciding custody of the child.

    Because minors over the age of eight are persons with limited capacity for conduct, they can engage in civil activities related to their age.

    Legal basis: Article 1084 of the Civil Code of the People's Republic of China Article 1084 The relationship between parents and children is not extinguished by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are directly raised 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.

  5. Anonymous users2024-02-02

    Analysis of legal judgments: It needs to be judged according to the specific situation, and parents over 10 years old can choose, and parents should also consider the opinions of their children. Parents under the age of 10 and over the age of two can negotiate, and if the negotiation fails, the court can make a judgment, and the child under the age of 2 is generally raised by the mother.

    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.

    If one party is declared missing and the other party files 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.

    Article 1085:After divorce, where children are directly raised by one party, 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

    The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with law.

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