If the child is still breastfeeding, who will the child belong to?

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Marriage Law of the People's Republic of China

Article 36: [Divorce and Children] The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

1. 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.

2. Where both parents agree that a child under two weeks old will live 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.

In most cases, it goes to the woman, unless the woman is not suitable to raise children, such as no income or poor health.

In the case of a divorce during the breastfeeding period, the child belongs to the woman, and the man pays a certain amount of monthly maintenance to the woman.

to the woman. According to the law, children under the age of two generally live with their mothers. Unless there are statutory circumstances, such as the mother is sick, unwilling to support, the conditions are not good, or there is a consensus, etc.

Nothing to do with humanitarianism, the law says.

From a humanitarian point of view, it should belong to the woman! However, from a legal point of view, the child should also belong to the mother in this case of breastfeeding.

Legal Analysis: Divorced children during lactation go to their mothers. Breastfeeding children are extremely dependent on their mothers, so children under the age of two are raised directly by their mothers.

Where the parents of a child who has reached the age of two cannot 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 that it is best for the child who has not been promoted to adulthood.

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

Article 1076: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 brief discussion of the divorce co-ordinators shall clearly indicate the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property of the elderly, 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 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.

Legal Analysis: Under normal circumstances, a divorced child during breastfeeding will be raised by the woman. If the woman is unwilling to raise her, she may negotiate for the man to raise her.

Breastfeeding children need breast milk, but there are some unavoidable factors, such as: the woman has no way to take care of the child due to some non-artificial infectious diseases and lack of body. At this time, if the divorced child cannot live a better life with the woman, the man will raise the child.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of 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 a child has reached the age of eight, his true wishes shall be respected.

In principle, children under the age of two years are sure to be raised by their mothers. Children who are breastfeeding should be raised with their breastfeeding mothers as a principle. In the event of a divorce, children under the age of two shall be raised directly by their mothers.

If the parents fail to reach an agreement on the issue of child support, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child in accordance with the specific circumstances of both parties. Where children have reached the age of 8, their true wishes shall be respected.

If the child is divorced during the lactation period, then the child Wang Pengzi is most likely to be raised by the woman, and when the child is older, the man can also sue for custody of the child.

If the husband and wife are divorced, the nursing child should be raised by the mother, which is a dispersion, because it is not possible for the nursing child to be raised without the mother.

In the event of a divorce, the breastfeeding child is generally owned by the mother. This is also out of the protection of children.