What should you do with your children if you get divorced?

If you get divorced, the child is a very cumbersome thing, if you have the strength, you must be able to raise it, if you don't have the strength, the child can only suffer with herself.

As a mother, I will definitely take my children with me, and I will only be relieved when I am around.

If there is a divorce, the child will definitely have a shadow psychologically, and even have psychological defects in serious cases.

Let your child follow whoever he wants, and be sure to respect his child's opinion.

Divorce can definitely hurt your children, and sometimes you feel that your children are still young, but they can clearly feel that you are separated.

If the child is under the age of 2, in principle, the mother will raise the child. Unless there are special circumstances, it may also be awarded to the father for maintenance.

I will take the child with me, I don't worry about giving the child to anyone, only by taking it myself, can I rest assured, I am the person who loves him the most.

Generally speaking, it means that it is in the interest of the child to be raised by the parent or the father according to the principle that it is beneficial to the child.

The word divorce, no one will be stupid enough to say it casually, and it must have encountered a lot of heart-wrenching things. Especially for those who have children, a broken family will definitely have a very bad impact on the growth of children. I hope you think about it carefully.

Divorce is just another different life, both for adults and children. Let the child know that the divorce of her parents is completely a matter between adults and has nothing to do with her. She was in constant contact with her father.

If the child is over 10 years old, the child's opinion must be sought, and if the child says that he or she wishes to belong to the mother, then the mother will raise the child. If the child is determined to follow the father, the father will raise the child.

Divorced children are generally negotiated by both husband and wife, and if they cannot be resolved through negotiation, they can sue for divorce in court. The court will generally decide in accordance with the principle of the best interests of the minor children according to the specific circumstances of the parties.

Legal basis] Article 1084 of the Civil Code of the People's Republic of China.

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.

According to Article 1 of the Marriage Act.

Three. Ten. 6. The provisions of Article 37 are handled.

Article 36: 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.

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

If you're getting a divorce. The most important thing to consider is not the distribution of property, but the future of the child, you should look at the child to have a good future, how he can live a good life, as much as possible to keep him from being harmed, this is what you should do and consider.

That's the main thing to consider.

The answers to your questions are as follows;

1. The only basis for the court to grant a divorce is that the relationship between the husband and wife has indeed broken down.

2. You can sue the court at any time to dissolve the marriage.

3. Regarding the custody of the child, the court will comprehensively consider the respective conditions and actual circumstances of the husband and wife, and determine the ownership of the child's custody from the principle of being more conducive to the healthy growth of the child. In general, custody is awarded to the woman in the following circumstances.

a. Children under the age of two generally live with the woman.

b. Minor children over the age of two who are over two years old shall live with the woman if the woman has any of the following circumstances.

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 man has other children; Other children include not only legitimate children but also illegitimate children, adopted children and dependent stepchildren.

4) The child lives with him, which is beneficial to the child's growth, and the man 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, such as the man has bad habits such as gambling and drinking, and is not suitable to live with the child;

5) The conditions for the husband and the woman to raise the child are basically the same, and both parties require the child to live with the child, but the child has lived alone with the maternal grandparents for many years, and the maternal grandparents request and have the ability to help the woman take care of the grandchild;

6) Under the premise that the relationship between the husband and the woman is not large, such as the degree of job stability and the income gap, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman;

7) If both men and women are not obviously at fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, the possibility of obtaining custody of the child will be greater;

8) Children over the age of 10 who choose to live with their mothers.

4. It is the legal obligation of both husband and wife to raise the child, if the child is awarded to one party to be raised, and the other party needs to pay child support, if one party refuses to pay child support, the other party can sue the court in the name of the child to demand child support, and after the court judgment, the child support can be applied to the court for enforcement;

5. Maintenance is generally paid on a monthly basis at the rate of 20-30 of one party's salary income.

6. As for the joint property of the husband and wife, it shall generally be divided equally unless otherwise agreed by both parties.

7. It is recommended to entrust a lawyer** to protect your legitimate rights and interests to the greatest extent. If you have other legal questions, please consult the above reply, if you are satisfied, respectfully, and give an evaluation.

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 a long-term infectious disease or other serious illness, and it is not appropriate for the child to live with him;

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 changing the living environment is obviously not conducive 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 him, 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, it may be considered as a priority 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.

7. The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.

8. The childcare fee should be paid regularly, and it can be paid in a lump sum if conditions permit.

9. If one party has no economic income or his whereabouts are unknown, his or her property may be used to offset the child's custody expenses.

In the event of a divorce, the child should be raised by either the mother or father. The details are as follows:

1. If the husband and wife divorce by agreement, as long as the two parties negotiate who will directly raise the child, the maintenance standard will be specified in the agreement. After the divorce, the parent who is directly raising the child is raised, and the other parent who does not directly raise the child pays child support on time;

2. If the court decides custody of the child through litigation, the court will comprehensively consider who will raise the child from the aspects that are conducive to the child's physical and mental health and growth. If the court decides who is to raise the child, then the other party who is directly raising the child will pay the child in a lump sum or in installments according to the amount of maintenance awarded by the court. The other parent has the right to visit the child.

Civil Code of the People's Republic of China

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a certificate of divorce and delayed marriage.

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.