About the custody of the child, about the custody of the child

First, according to the Marriage Act, children born out of wedlock have the same rights as children born in wedlock. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

Secondly, on the issue of custody, according to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, a party's request to change the child support relationship will only be supported under any of the following circumstances:

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. Minor children over the age of 10 who are willing to live with the other party and who has the ability to support them;

4. There are other legitimate reasons that need to be changed.

In other words, it is not to look at whether the husband has given up custody now, but mainly to look at the specific situation at that time in a few years before making a judgment. If this does not happen, then the husband will not win the case.

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Both parties can claim custody of the child at any time. The court will support whoever is on whose terms are more conducive to the child's development or has the child's consent (the child is over ten years old).

Legal Analysis: The child custody issues are as follows:

Custody refers to a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well protected.

The party or both of the parties who have this right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right is extinguished when the child reaches the age of majority.

Child support includes expenses such as children's living expenses, education expenses, medical expenses, etc.

Legal basis: Civil Code of the People's Republic of China

Article 1084:The relationship between parents and their children disturbing the Zen and Hidden Daughters is not eliminated 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.

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.

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.

The law on child custody shall be enjoyed equally by both parents of the child, and both parties shall equally enjoy the right to raise, educate and protect the minor child, and jointly bear the obligation to raise, educate and protect the minor child. If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

[Legal basis].

Article 1058 of the Civil Code of the People's Republic of China.

Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

Article 1067.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

If you are a woman, children under the age of two will generally be awarded to the woman for maintenance.

However, according to the first paragraph of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts", 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. If the woman can also cite that the man's living environment is not good, he is not able to raise the child, or even if he does, it will have a negative impact on the child's future.

The reason for not being able to take custody of the child can be used as a basis for both parties to be responsible for the child's education and life.

It is said that it is okay to agree to give custody of the child to you, and you are still not legally married if you don't get a license!

The parties are in a common-law relationship and the child is born out of wedlock.

A fundamental starting point for the people's courts in dealing with the issue of raising legitimate and illegitimate children is to facilitate the growth of the children. According to the statement, the child has been raised by the grandfather, and there is a high probability that the award will be given to the woman, and legal aid can be applied.

Theoretically, both of them are likely to have the financial ability and the child's wishes, and the law will consider the direction of better growth for the child.

Agree upstairs, add a little bit of two criteria for judging child custody: 1. If the man's economic and social conditions are more favorable to the child, it may also be awarded to the man; 2. The gender and age of the child, the daughter is more likely to be sentenced to the mother, and the boy is more likely to be sentenced to the father. However, if the child is still young, such as in the lower grades of primary school, and needs to be cared for, it is more likely to be awarded to the mother (the younger the child, the more likely it is to be awarded to the mother).

1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, they can live with their fathers.

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.

Yes, you can file a petition with the court for a new trial of custody of the child, and it is recommended that you hire a local lawyer to help you fight the lawsuit, and the chances of victory will be better. In general, you will need to prepare the following documents:

1. You have enough financial means to raise your children: You can provide proof of your income to prove that these incomes are enough to raise children; At the same time, you can also ask the husband to pay maintenance until the child reaches the age of majority.

2. You need to prove that you can take care of your children's life, for example, your parents can take care of your children during your work, then your parents need to issue a letter of commitment promising to help you take care of your children. For example, you can take care of your children while you are off work, etc.;

3. You need to come up with evidence to prove that the other party is not good at taking care of the child, such as not being able to find a good life and not being able to raise the child financially;

4. In the past 4 years that you have taken the child, the other party will visit you once, and you can also use this as evidence;

The child is the mother's heart, and I hope you can take back custody of the child. I hope you can find a good home.

Children under the age of 3, in principle, custody belongs to the woman, the law has clear provisions, unless the woman gives up, most people are reluctant to have children, but you also have to consider the future life, the future will marry, whether the child in the middle will cause a certain impact, just make a suggestion.

This wife of yours is also too unkind, but the baby is more awarded to the mother under the age of 2. There is also which party is more beneficial to the child's growth, and the court will also award to that party.

Generally, the baby under the age of two will be awarded to the mother, plus it has been brought by the woman, and it is generally difficult for you to get custody of the child.

If both of you agree to divorce, you are financially better able to get custody of your children.

You can only get custody of the baby after the age of 2, and you can't divorce because of this, it's too irresponsible!

It's up to you to negotiate it. If you really can't do it, you will go to court! Alas!

Babies are generally raised by their mothers up to two years old. If your family wants to see the baby, you can go to your mother-in-law's house to see the baby. It's not worth divorcing for that.