The rules for who owns the child in a divorce while breastfeeding are

On the issue of the ownership of a child divorced during the lactating period, the third paragraph of Article 36 of the Marriage Law of the People's Republic of China stipulates that after the divorce, the child during the lactating period shall be raised with the breastfeeding mother as the principle. In addition, according to Article 1 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts":

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. Therefore, in Ms. Liu's case, if she does not have the above-mentioned circumstances that are not suitable for support, she can get custody of the child.

Breastfeeding children are generally raised by their mothers. According to Article 36 of the Marriage Law, after divorce, the nursing child shall be raised with the nursing mother in principle. According to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, 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 an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; 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.

Legal analysis: 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 the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

Legal basis: The Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts set out the following rules:

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 the age of two lives 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 is living with him/her, which is beneficial to the child's growth, and the other party suffers from an incurable infectious disease or other serious illness, 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.

Breastfeeding children are generally raised by their mothers. According to the provisions of the Marriage Law and Article 36 of the Confession, after divorce, the children who are breastfeeding shall be raised with the nursing mother. According to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, children under the age of two years generally live with their mothers.

If the mother has any of the following circumstances, she may live with the father: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; 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) For other reasons, the child is truly unable to live with the mother.

Children who are divorced during breastfeeding are generally raised by their mothers. Children under the age of two years are 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. As for the question of who owns the divorced child during breastfeeding, I will answer it in detail for you below.

1. Who will the divorced child belong to during the lactation period of Tangerine Qi

1. Divorced children during lactation are generally raised by their mothers. Children under the age of two years are 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 in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties.

Where children have reached the age of 8, their true wishes shall be respected.

2. 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.

2. How does the man fight for child custody?

Due to the needs of the baby's growth and development, laws and regulations clearly state that the principle of a lactating child is to live with the mother. However, this is not an absolute principle, and many times, for the sake of the child's interests, in some cases, it is more beneficial for the breastfeeding child to live with the father. Therefore, in order to fight for the custody of the breastfeeding child, the man can collect evidence and materials from the following perspectives:

1. The woman does not return home for a long time and does not fulfill her obligation to support her;

2. The woman has bad habits or other quality problems, which may affect the child's growth;

3. The woman's income is low, her job is unstable, she has no fixed residence, and she cannot give her children a good living environment;

4. Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

5. The two parties have been separated for a long time, and the child has been living with the man during the separation period, and the child has become accustomed to the existing living and growth environment, and rash changes will adversely affect the child's growth.

Regardless of the stage, as long as the parents are divorced and the child is not yet a minor, then the issue of child custody must be dealt with, including custody, alimony and visitation rights. If the child is breastfeeding, if both parties reach an agreement, they can negotiate and agree on the ownership of custody. Where no consensus can be reached through consultation, a lawsuit may be brought to court, and the judge will make a judgment in accordance with law.

1. How to sentence a divorced child during lactation.

Although in practice, the period of infant breastfeeding varies from person to person, since the Child Support Opinions stipulate that "children under the age of two generally live with their mothers", in judicial practice, "children during the lactation period" is usually understood to mean infants and young children under the age of two years. When the parents divorce, the breastfeeding child generally lives with the mother, but the mother may live with the father in any of the following circumstances:

The mother is suffering from a long-lasting infectious disease or other serious illness, and the child should not live with her.

The mother has the conditions to support the child and does not fulfill the obligation to support her, and the father requires the child to live with her.

For other reasons, the child is unable to live with the mother. If the mother's living environment is clearly unfavorable to the child's upbringing; The nature of the mother's work is special, and it is not convenient for her to raise her children; or the mother violates the law and commits crimes, which is not conducive to raising children, etc.

Where both parents agree that a child under the age of two will live with the father, and there is no adverse impact on the healthy growth of the child.

2. How to deal with divorce disputes during breastfeeding.

Article 34 of China's Marriage Law stipulates that "a man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy." This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce. ”

Article 36 states: "The relationship between parents and children shall not be extinguished by the divorce of the 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. ”

Therefore, according to what you said, it is during the breastfeeding period that the man is not allowed to file for divorce. If you agree to a divorce by mutual agreement, the husband must pay the child support as a matter of child support, and it is not a matter of compensation.

Article 42 of the Marriage Law stipulates that "in the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing." The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Although the husband excuses that he does not have real estate and savings to divide, he can still ask him to give you appropriate support obligations on this basis.

The rules on who belongs to a child who divorces during the lactation period are as follows: After the divorce, the child during the lactating period shall be raised with the mother as a principle. However, if the mother has an incurable infectious disease or other serious illness, or if the mother has the conditions to support the child and does not fulfill the obligation to support her, and the father asks the child to live with her, or if there are other legitimate reasons, the husband may also be able to support the child.

Article 1 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts Article 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 an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) There is a high level of support and the obligation to support the child is not fulfilled, and the father requires the child to live with him; 3) The child is unable to live with the mother due to other reasons. According to Article 1084 of the Civil Code of the Civil Code, which came into effect on January 1, 2021, Article 1084 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by Divorce Courts, after divorce, children under the age of two shall be directly raised 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 that the hidden measure is in the best interest of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal Analysis: The custody of a child in a divorce during lactation generally belongs to the mother. However, if the mother has a long-lasting infectious disease or other serious illness, or if the mother has the conditions to support the child and does not fulfill the obligation to support her, and the father asks the child to live with him, or if there are other legitimate reasons, the husband may also be able to raise the child.

Legal basis: Article 1 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts.

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 the obligation to accompany and 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.

According to the Civil Code, which came into force on January 1, 2021