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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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If a husband and wife divorce, there is no special restriction on the child's household registration. Under normal circumstances, for the sake of convenience in life, after the divorce by agreement, the child's household registration will also go with the custody rights.
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After the divorce of the couple, what should be done with the children's household registration?
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Legal analysis: (1) Whoever has custody of the child after the divorce will follow the child's household registration; (2) If the child is under the age of 18, the parents need to handle the transfer of household registration on their behalf; (3) If the child is over 18 years old, he can handle the transfer of household registration by himself; (4) Those who are at least 18 years old can have a single independent household, and they can go to the police station with their ID cards and household registration booklets; According to the laws of our country, if a husband and wife divorce and move out of the household registration, if there is a foothold, they can move the household registration to the foothold, and if there is no foothold, they can go to the local police station to go through the procedures for moving the household separately.
Legal basis: Article 10 of the Regulations of the People's Republic of China on Household Registration Article 10 If a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority before moving out, obtain the migration certificate, and cancel the household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their habitual residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to the school, or a certificate of permission to move in from the urban household registration authority.
Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.
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If the household registration is not in the direct custody party, the person can go to the local public security police station to go through the procedures for household division or transfer with the original household registration and the court's judgment or mediation document, and the local public security police station shall handle it in accordance with the court's judgment or mediation document in accordance with the provisions of household division and household establishment.
Legal basis:Article 19 of the Regulations of the People's Republic of China on Household Registration.
When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery, or other reasons, the head of the household or himself shall report the change of registration to the household registration authority.
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After the divorce of the couple, what should be done with the children's household registration?
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After the divorce, the parent who directly raised the child shall report the birth registration to the household registration authority of the child's habitual residence. 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.
Legal basis:
Article 1079 of the Civil Code.
Where one of the spouses requests a divorce, the relevant organizations 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 the mediation fails, the sedan chair and the orange shall grant a divorce.
Article 7 of the Regulations of the People's Republic of China on Household Registration.
Within one month after the birth of the baby, the head of the household, relatives, caregivers or neighbors shall report the birth registration to the household registration authority of the child's habitual residence. For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.
The above is only the current information combined with my understanding of the law, please be cautious for reference and closure!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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1. How to deal with the child's household registration after divorce.
1. The way to deal with the child's household registration after divorce, the specific situation is as follows
1) The child's household registration is confirmed according to the negotiation between the husband and wife, and if the negotiation fails, it is generally determined that the child's household registration follows the household registration of the direct dependent;
2) If the household registration is changed, the head of the household or the person himself shall report the change of registration to the household registration authority.
2. Legal basis: Article 1091 of the Civil Code of the People's Republic of China.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
2. What are the principles for determining the ownership of child custody.
1. The principle of ensuring the healthy growth of childrenThe divorce of husband and wife leads to the breakdown of the family, and the most hurt is the children. The key to child support in divorce lies in how to protect the child's right to healthy growth;
2. During the lactation period, the principle that the child belongs to the woman;
3. When the court determines the custody of the child, it is naturally based on the interests of the child, and which party is more conducive to the healthy growth of the child, then it is more likely to obtain custody in comparison.
1. The woman's household registration after the divorce, what to do with the household registration after the divorce, and the household registration after the divorce >>>More
The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with. >>>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
After a divorce, a woman decides whether she wants custody of her children or not. The court decided on the principle of being conducive to the child's development. >>>More
If you leave, you will leave! Sadness is a normal psychological reflection of a person. No one can help you, only yourself, if you can't find another relationship quickly. But time will be the best doctor....