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What to do if the woman is not willing to give up the child!
The two girls are 4 weeks old and the younger one is 1 week old. What to do! Please give us more advice!
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The method of judgment for divorce and children of husband and wife is as follows:
1. Under the age of two years old, the mother shall be directly raised as the principle;
2. Where the applicant is over two years old, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor children;
3. Where a child has reached the age of eight, his or her true wishes shall be respected.
What are the standards for child support in divorce.
There are three standards for child support in divorce:
1. The amount of child support expenses. The standard of payment for the non-directly dependent party shall be 20% to 30% of the total monthly income for those with a fixed income; Those who bear support for two or more children generally do not exceed 50% of their gross monthly income;
2. Term of payment of child support expenses. The period of payment of child support is generally until the child reaches the age of 18;
3. Payment method of child support expenses. Maintenance payments should be made on a regular basis.
[Legal basis].Article 1084 of the Civil Code of the People's Republic of China.
The relationship between parents and children is not 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.
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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Legal Analysis: The law stipulates the freedom of marriage, and children are not allowed to interfere. On the one hand, if the relationship has indeed broken down, the divorce should be granted if mediation fails; Second, if the relationship between the husband and wife has not broken down or has not completely broken down, even if mediation fails, the divorce should not be granted.
Therefore, the legal condition for a people's court to grant a divorce can only be that "the relationship between the husband and wife has indeed broken down".
Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the husband and wife requests a divorce, the relevant organization 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.
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<> accept the divorce or remarriage of their parents. For me, I would agree to my parents divorce and remarry. The reason why I have this idea is partly because the parents are the ones who are in charge of this marriage, so the decision is up to the parents, not the children.
On the other hand, if they meet the right person after their parents divorce, then remarriage also means that they can find their happiness again. First, the parents are the parties in this marriage. Theoretically speaking, remarriage after the divorce of the parents only requires the consent of the parents themselves, and it does not have much to do with the children.
This is because both parents are adults, they have the ability to be independent, and they also have the right to decide their own marriage. Therefore, whether they are divorced or remarried, it is actually the result of their consideration, although the children can make some suggestions to their parents from their own perspective in the process, or express their own opinions, but the parents' wishes are the most important. In such a situation, if the parents insist on remarrying, the child cannot change the outcome.
And in my opinion, it would be better to try to accept the decision of parents to remarry than to have a fight with them over the issue of their parents' remarriage. Second, remarriage also means that parents can find their happiness again. From my personal point of view, it is good for parents to be able to remarry after their divorce.
This is because parents can once again find their own happiness and relive the happiness that marriage brings to them. Therefore, children should not be prevented from remarrying if there is no particular reason for them. What's more, it is not easy for parents to be happy again after divorce, and it takes a lot of courage for them to make this decision, so as a child, you should be happy for them, and should not be an obstacle to your parents' happiness.
Therefore, I think that when faced with the problem of parents remarrying, children should bless their parents and agree to this marriage, rather than oppose this marriage. In short, I will agree to my parents remarrying after they leave Kaizhong, because I support them in finding their own happiness and I want to see them find a suitable partner for them.
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If you think about it, you will feel that this kind of relationship is very difficult to deal with, after all, they didn't grow up in a family, but now because of the factors of their parents, they have no relationship with each other before, and now they have become a family, which is actually unacceptable for any kind of child.
You must know that for the children themselves, they do not want their parents to divorce, because they also want to have a complete family, and they want the family to be self-contained. But if the parents really can't live together, and then decide to divorce, the children are actually the most difficult to get caught in the middle. Because they don't want their home to be torn apart, and they don't want their parents to be unhappy together.
However, for children, they generally have little say in this kind of matter, and even if they express their ideas, it is difficult for parents to make changes.
If the parents remarried and re-formed their own families, although legally everyone is a family, it is really difficult to change the relationship. Especially when both parties are reorganized families and both have children, how to get along with each other has become a relatively big problem. Now I'm going to talk about how to deal with this situation.
1. Don't reject each other in your heart.
Children must be difficult to accept at the beginning, and adults are actually difficult to accept, let alone have a child of their own generation. Children are not required to be good to each other at the beginning, but everyone should not reject each other from the very beginning, only in this way can they try to accept it slowly.
2. Parents must be treated equally.
If you want the relationship between children to get along well, if you want to get along well, one of the most important points is the attitude of the parents. Parents should be consistent in their attitude towards their two children, and there should be no eccentricity, which is also conducive to getting along with children.
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