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When the child becomes an adult, he or she can choose his or her own guardian.
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It just depends on the situation. Generally speaking, the agreement cannot be reversed unless there are special circumstances.
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The two parties agreed to divorce, and the child belonged to the man, and now the woman wants to regret it, can she get the child back? It depends on whether the man gives it to you or not, and I don't agree. Because it was agreed not to have children for the wedding, you want it now.
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Discuss with the man, and it is also possible to get back custody of the child.
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You can negotiate with the man first, and if the negotiation is unsuccessful, then consult a lawyer and seek legal help!
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If the woman repents now, the best way is to negotiate to see if she can raise it herself. If you want to pass the lawsuit, then the only criterion is to be conducive to the child's growth, not to say who wants and who doesn't want things, in the final analysis, it is to see whose economic conditions are good.
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You want to change custody of your child, and there are certain conditions that need to be met. There are two ways to change the custody of the child, one is that if both parents are willing to change the custody after negotiation, they can enter into an agreement to change the custody to get the custody back of the child; Second, if one of the parents does not agree to change custody, it is necessary to find evidence to prove that the current situation is a statutory circumstance that can change custody. For example, the parent who originally had custody is now suffering from a serious illness, is disabled, or has a child over the age of 10 who is willing to change.
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No, unless the man has factors that are clearly detrimental to the child's physical and mental growth.
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The child went to the man when you divorced, and the woman now wants the child back, then you can negotiate a settlement, and it can be done with the consent of both parties.
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Yes, because a divorce by mutual agreement also requires applying for divorce registration at the marriage registration authority in person and obtaining a divorce certificate to dissolve the relationship between husband and wife. However, after the divorce, the children are the children of both parents, regardless of who raises them, and if one party raises the children, the other party shall bear the necessary maintenance expenses. If the negotiation fails, you can file a lawsuit with the court, and the court will make a judgment.
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The two parties agreed to divorce, and the child belonged to the man, and now the woman wants to get the child back, she can sue the court to settle it.
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If the man does not fulfill the corresponding obligations in the process of raising the child, resulting in the injury of the child or so on, you can get the child back through legal means, but you still have to see the court's judgment through legal proceedings, and the court will consider all aspects of the conditions of both men and women when making a judgment.
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You can ask for back, first negotiate with the other party, and if the negotiation fails, the lawsuit will be resolved. In the case of litigation, you need to collect the other party's unsuitable place to raise the child, and you have better conditions to raise the child, which is conducive to the child's growth.
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If the woman is capable, it should be completely fine.
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If the woman wants the child to see if the man is willing to give it to you, if the man is not willing to give it to you, there is no way, there is only one way, only the child will be willing to follow after the age of 18, and the child can decide whether to follow the father or mother at the age of 18. It's up to the child to decide, and that's the only way.
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Since it is an agreed divorce, it is also negotiable to get back the children.
But this is only possible, if the man does not agree, then say otherwise.
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You can sue for a change in custody of the child.
Mainland residents who have registered their divorce in accordance with the Marriage Registration Regulations shall present the following documents and supporting materials:
Household registration booklet and ID card of the applicant;
Marriage certificate of the applicant;
A divorce agreement signed by both parties.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
Divorce registration is governed by the principle of territorial jurisdiction:
Article 5 of the Interim Norms for Marriage Registration Work The jurisdiction over marriage registration is to be divided according to administrative regions.
1) The civil affairs department of the people's ** of a county, a city not divided into districts, or a municipal district shall handle the registration of marriage between two or one of the mainland residents whose permanent residence is within the administrative region.
2) The provincial-level people** may, according to the actual situation, stipulate that the township (town) people** shall handle the marriage registration between the two parties or one of the mainland residents with permanent residence in the township (town).
3) The provincial-level people's ** civil affairs department or the civil affairs department designated by it shall handle the marriage registration of foreign-related and Hong Kong, Macao, and Taiwan residents, as well as overseas Chinese and overseas Chinese who have permanent residence within the jurisdiction of one party.
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According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance, which is generally between 20 and 30% of the annual income.
If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child. The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.
In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; In the case of divorce by litigation, the lawsuit is filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, and the lawsuit is generally 6 months in the first instance and 3 months in the second instance. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
Unless you think that he is not suitable for the child's growth, you can file a lawsuit with the court to change the gods!!
Marriage is risky, and divorce should be done with caution.
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Yes, you can. But if the agreement had been signed, it would have been difficult.
If it is just verbal, then you will go to the court to apply, but you will have to put forward proof that you can make the child live better, such as tax bills, real estate deeds, income certificates, etc., if the child is older than seven years old (already in elementary school), the judge will also ask the child's wishes and let the child choose.
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Yes, please consult a local lawyer. You may have to go to the court.
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You can sue for a change in custody of the child.
Lawyer Li Kaihong.
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After the divorce, the children belong to the man, and the woman can get them back.
If the husband is unable to continue to raise the child due to serious illness or disability, does not fulfill his obligation to support the child, or has abused the child, or if his life with the child has a negative impact on the child's physical and mental health, the custody can be changed, and the custody of a minor child over the age of 10 who voluntarily lives with the woman can also change the custody right.
The conditions for parents to raise their children are basically the same, and both parties request direct support of the child, but where 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, it may be considered as a priority condition for the direct raising of the child by the parent child.
Legal basis
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 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. 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.
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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Summary. Hello, both parties signed a divorce agreement, and the child belongs to the man. Now the woman repents and wants the child back.
This is basically impossible. Both parties have received the divorce certificate, and the divorce agreement will take effect later. Neither party can go back on it.
There is no reason for the woman to claim that the child belongs to her. But it won't be supported. Unless the man has clearly harmed the child.
Otherwise, the child will definitely belong to the man.
For example, if the woman wants to become child custody. You can wait until your child is 8 years old before filing a lawsuit in court. At that time, the court may consider the child's opinion.
The two parties agreed to divorce the child to the man, and now the woman wants to regret it, can she get the child back?
Hello, I have a general understanding of the question you asked, and I am sorting out the answer, please wait patiently Hello, both parties signed a divorce agreement, and the child belongs to the man. Now the woman repents and wants the child back. This is basically impossible.
Both parties have received the divorce certificate, and the divorce agreement will take effect later. Neither party can go back on it. There is no reason for the woman to claim that the child belongs to her.
But it won't be supported. Unless the man has clearly harmed the child. Otherwise, the child will definitely belong to the man.
For example, if the woman wants to become child custody. You can wait until your child is 8 years old before filing a lawsuit in court. At that time, the court may consider the child's opinion.
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In a family where both spouses have children, and they choose to divorce, the child is awarded to the father or mother, and the other party will regret it. Regarding the award of the child to the woman after the divorce, and now the man regrets it and wants the child back, can he legally get it back? Here's what I think.
If the statutory circumstances of changing custody are denied, they may apply to the people's court to modify custody. According to the relevant laws and regulations, the following conditions must be met when a party wishes to change the custody of the child. First of all, if the parent who lives with the child is unable to continue to raise the child due to serious illness or disability, the other party may request a change of custody and bring the child over to raise the child himself.
Second, if the party living with the child does not fulfill his obligations or abuses the child, the other party may also request the court to change the custody rights, but the change of custody rights cannot require the redivision of the original joint property. Finally, this clause that needs to be changed for legitimate reasons is mainly based on the judge's decision on the judicial interpretation, giving the judge a certain amount of discretion, and the judge can judge whether the custody of the divorced child should be changed according to his own subjective consciousness.
1. Qi Min: The parent raising the child has no way to continue to raise the child.
If the parent living with the child is unable to continue raising the child due to serious illness or disability, the other party may request a change in custody and bring the child over to raise him/herself.
2. The party raising the child does not perform its responsibilities and obligations.
If the spouse living with the child fails to fulfill his or her obligations or abuses the child, the other party may also request the court to change the custody rights, but the modification of custody rights cannot require the redivision of the original joint property.
Three: specific situation, specific analysis.
This clause that needs to be changed for legitimate reasons is mainly based on the judge's decision on the judicial interpretation, giving the judge a certain amount of discretion, and the judge can judge whether the custody of the divorced child should be changed according to his own subjective consciousness.
At the time of divorce, the custody of the children belongs to the woman, and then if the financial and friend status of both parties changes, the husband can also ask for it back.
Legal basis: Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section
Article 55:After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.
Article 56:In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:
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 living with the child has a truly adverse impact on the child's physical and mental health;
3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;
4) There are other legitimate reasons for the change.
The divorce agreement shall be jointly written by both parties after reaching a consensus on child support, division of property, and so forth, based on the actual circumstances. >>>More
This is no different from an ordinary divorce agreement Divorce agreement Basic information of both parties When the two parties met, when they got married, and now due to the breakdown of the relationship, the two parties voluntarily divorced, and the following agreements were reached: 1. Child support issues 2. Division of marital property 3. What are the joint debts of the husband and wife? Agree on the treatment of joint debts signed by both parties.
Don't forget it, find another one.
It may affect. Even if the parents are divorced, both parents need to be reviewed politically when the child is in political trial. Because the main content of the political trial is the political situation of the immediate family and the main social relations close to the person, and the relationship between parents and children is not eliminated by the dissolution of the relationship between husband and wife, after divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or the mother. >>>More
Although the vehicle belongs to the man, it is okay for the parties to agree that the vehicle will be owned by the woman at the time of divorce. In addition, at the time of divorce, if the parties negotiate the division of the joint property of the husband and wife and the division is invalid, they may file a lawsuit in accordance with the law, and request the people's court to divide it in accordance with the law through litigation. >>>More