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Legal analysis: 1. Children under the age of two live with the woman in principle. However, if the two parties reach an agreement and there is no adverse effect on the healthy growth of the children, they can also live with the man.
2. If the child is under the age of two at the time of divorce, if the woman has any of the following circumstances that are not conducive to raising the child, she can live with the man: (1) suffering from an infectious disease or other serious disease that cannot be cured for a long time, and the child is not suitable to live with her, etc. Legal basis:
Article 1076 of the Civil Code of the People's Republic of China 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 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.
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This topic is a bit heavy for me, because I am also a single-parent family, and because of the original family, there is still more or less influence on the children.
For example: 1. Withdrawn personality, sensitive and inferior.
2. Spoiled and short-tempered.
3. Without the guidance of correct marital values, the marriage will be unhappy when you grow up.
If a husband and wife divorce want to minimize the harm to their children, they must do these three steps:
1. Don't affect your child's mood.
2. Explain everything to your child.
3. Plan your child's life.
Human beings are inherently good. When you are born, you are all good, but because of the growth process, the acquired learning environment is different, and there is a difference between good and bad temperament.
Children are the most direct proof of marriage. But it seems that parents always have a lot of things to do. Even if it's just swiping through the circle of friends and looking at online shopping, it is more important than communicating with children.
To put it mildly, this is coping, just like coping with work, coping with family interaction with children. In the eyes of children, they will think that parents do not care about me and do not love me. Except for giving me money, except for killing me, I don't have me at all in my heart, and I don't care about the reunion at all.
Because of the feeling of disgust in the child, the child's heart is lonely, helpless, and lonely, and he will turn his attention to games or other things. It can be seen that how much harm will a parent's unintentional look and inadvertent word bring to the child? In fact, the child's inner world is very simple and clean, just like an angel.
I hope that parents, do not easily break the angel's wings. When the child should learn to fly, let the child's soul suffer the pain of broken wings.
Some parents are helpless, and some parents are due to personal reasons, but in the final analysis, it is a manifestation of their own selfishness. If it is because of the previous era of war and chaos, it may be understandable, but if it is in real life, it will not be understood. Now this society has given ordinary people a lot of opportunities, as long as they are not lazy, they will not be hungry.
Now it is not in ancient times that women could also support themselves, so let alone men. If the child is defective, it is now possible to apply for state subsidies, at least eating and drinking are not a problem, so I don't think there is any reason as a reason for parents to give up their children.
Human beings are advanced animals, and it is precisely because of the unique "seven emotions and six desires" of human beings that people are more colorful in life.
I still hope that people can face up to this problem and not let children become the most innocent "victims". I also hope that every child will have a happy childhood! Sunny, confident, healthy.
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If the husband and wife divorce, the child shall be awarded to either spouse according to the actual situation. Children under the age of two years are generally awarded to their mothers, except for those who are not suitable to be raised by their mothers; If the child is over two years old and under eight years old, it will generally be awarded to the party who is most conducive to the child's growth; Where the child has reached the age of 8, the child's true wishes shall be respected, and the party shall be awarded to whoever they wish to live with.
Legal basis:Article 1084 of the Civil Code.
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 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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<> real marriage may be unhappy due to various factors, so the parties may choose to divorce. For families with children, divorce can have a very serious impact on the children, so some couples will choose to remarry because of the children after the divorce. ......For this kind of question, what kind of choices will the parties make, including the three situations in which the husband and wife will not divorce even if the relationship between the husband and wife is not in harmony for the sake of the children, although the divorce will affect the children, and the choice to remarry for the sake of the children after the divorce.
1. Although the relationship between the husband and wife is not harmonious, for the sake of the children, the two choose not to divorce. In real life, there are many couples who do not have a good relationship with each other. It can even be said that they are almost on the verge of divorce.
Burning ......However, because of having children, everything has changed. ......Both husband and wife understand that divorce can have very serious consequences for their children, so they make the choice not to divorce. The sense of responsibility of these couples is very strong, and the relationship between them may gradually improve over time.
Noduan Heng. 2. Divorce does have an impact on the children. But for the sake of his own happiness, he will still choose to divorce. For some couples, they know that divorce will have a very serious impact on their children, but they will still make the choice of divorce.
These couples are like this because their relationship has reached an irreparable level, or because they want to pursue their own happiness, so they pay less attention to their children. ......This situation has a very big impact on the child.
3. After the divorce, I found that the children were greatly affected by Song Zuo, so I chose to remarry. Among the various circumstances, the situation in which a couple finds that their children are affected by this after divorce and finally chooses to remarry is the most satisfying. ......Although the previous divorce had a great impact on the couple and their children, from the moment they chose to remarry, the relationship between the husband and wife was repaired, the impact on the children was also compensated, everything was back on the normal track, and the family would be happy again.
This is clearly the most desirable outcome.
1. Relax your mind and avoid anxiety.
A happy mood makes qi and blood flow smoothly and promotes the smooth discharge of menstrual blood. Conversely, mental stress can exacerbate the pain. >>>More
The specific explanation is as follows: <>
First of all, both parents need to negotiate. After all, parents should think about the happiness of their children, and divorce and not allowing them to see their children or visit them may lead to a lack of fatherly or maternal love for the children, alienating the relationship between the children and the father or mother, and is not conducive to the growth of the children. If parents can sit down and negotiate amicably on how to visit their children, then the question of what to do if they are not allowed to visit their children will be easily resolved, and everyone will be happy in the end. >>>More
1. Take your child with you as much as possible.
For children, if they don't raise and don't meet, they will naturally not kiss their mothers, therefore, if they are divorced, if they have the ability to take them away, they must take away their children, and the children are not around, and there is no certainty about anything. >>>More
How to educate children? What to look out for?
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.