My son is seven years old, who will the child be awarded if divorced

Updated on society 2024-03-23
3 answers
  1. Anonymous users2024-02-07

    Legal analysis: After divorce, children under the age of two shall be directly raised 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. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  2. Anonymous users2024-02-06

    A boy born in 09. Now I want to divorce because I am worried that the child will be given to the father. So I wonder if such a young child will be awarded more odds to his mother? They had seen each other twice a year in two places.

    Hello lawyers, here's the thing. The man's conditions are limited, so they don't live together, they both live in their own homes. The woman is in Nanchang City, the man is in Sichuan, and the child is living in the woman's house since birth.

    The man basically does not go to see the child. It is the Chinese New Year that the woman takes the child to the man's house. For the children, the man has not given a penny, nor has he lived together.

    So it's been more than 3 years since we were separated.

  3. Anonymous users2024-02-05

    In the case of divorce, the custody of the 7-year-old son is generally resolved by the husband and wife through negotiation according to the law, and if the negotiation fails, the court will consider the economic situation of the husband and wife and other factors, and will make a proper ruling in accordance with the law in accordance with the principle of being conducive to the healthy growth of the children. Article 1084 of the Civil Code of the People's Republic of China provides 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.

    After divorce, parents still have the right and obligation to raise, educate and protect their children. After the divorce, children under the age of two years shall be directly raised by their mothers. Where the parents of a two-year-old child or a woman who have reached the age of two 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.

Related questions
28 answers2024-03-23

Your son is only half a year old, you can't file for divorce, unless she files for divorce, about child support, you negotiate best, but it's not cost-effective to give it at one time, and now prices are rising so fast.

12 answers2024-03-23

If both parties do not agree to raise the children at the time of divorce, then the court will not grant a divorce. Because divorce involves issues such as divorced children and child support, if this issue cannot be resolved, then the judge can only reject the divorce application.

9 answers2024-03-23

The house was bought before marriage, belonged to your husband, and it was considered joint property after 8 years, and the new marriage law has been amended, and it will not become joint property no matter how long it takes. >>>More

14 answers2024-03-23

Whose conditions are better.

The child will be awarded to whomever it is. >>>More

17 answers2024-03-23

To cultivate children's interest in learning, here are some ideas for you: >>>More