What should I do if my parents are divorced and both children want to follow their father? 10

Updated on society 2024-04-28
33 answers
  1. Anonymous users2024-02-08

    OK. It is okay for both children to be willing to live with the father, and the mother needs to pay child support, and if the two parties cannot resolve it through negotiation, a civil lawsuit can be filed to settle it, and the court will generally support the child's decision.

  2. Anonymous users2024-02-07

    Parents divorce, if the father's economic conditions are still good, if the two children are willing to choose the father, then follow the father, that is also okay, this law is based on the terms of the law, and the key, depending on the child's personal wishes.

  3. Anonymous users2024-02-06

    Parents divorced, both children want to follow their father to see if their father can accept the two children, in fact, it is better to follow the wishes of the children in the case of the divorce of the parents, after all, the child is still young, your divorce is already a blow to him, if you do not follow his opinion on this matter, I estimate. Children can feel very uncomfortable.

  4. Anonymous users2024-02-05

    Custody can be changed, as long as you can afford to raise both children.

    The child's mother is very wrong, although the two are divorced, but after all, they are the parents of the child, they should not say that the father is bad in front of the child, and they should not let the child see their father.

  5. Anonymous users2024-02-04

    At this time, if both children want to follow their father, they must discuss it with their father. If the father is also willing, he will give her the two children.

  6. Anonymous users2024-02-03

    The parents are divorced, and both children want to follow their father to show that this father is really good and qualified. Mother found a stepfather. The stepfather is not good to the child, and the child wants to follow the father so that the court can repronounce the sentence.

    The stepfather is not good to the child, and the child wants to follow the father, and the court will deal with it at its discretion. When the child is older, he has his own wishes, and the court will respect the child's wishes. Because the growth of children is important.

  7. Anonymous users2024-02-02

    Both children were over eight years old at the time. According to the provisions of the Civil Code, in order to limit the capacity for civil conduct, the opinions of persons should be solicited when they are sentenced to custody. Since his mother has found him a stepfather, but the stepfather is not good to them.

    I think that both children want to follow their father, and the wishes of the children should be respected.

  8. Anonymous users2024-02-01

    If the parents divorce, both children want to follow the father, which is not allowed, one child follows the father and the other child follows the mother, and you can communicate well with the child.

  9. Anonymous users2024-01-31

    Hello, you can.

    As long as you have the ability to raise the child, you can change the person who supports the child.

    Negotiate with your ex-wife first, negotiate it, write an agreement, and the two of you go to the court to stamp a seal, which is very trouble-free and does not need to be sued. If the negotiation fails, you can sue for custody.

  10. Anonymous users2024-01-30

    According to the current law, the child wants to be with whomever the child wants, and at the same time, the parents are obliged to distribute and support them, and according to the Law on the Personal Freedom of Minors, as long as the child does not violate the law, the child has the right to choose, and the Civil Code will come into force on January 1, 2021

  11. Anonymous users2024-01-29

    Parents divorce, two children choose to follow the father This is the child's will, the father can not refuse, if the child is under the age of 18, the mother must take part of the child support.

  12. Anonymous users2024-01-28

    After all, most of the courts will respect the child's own wishes, and the child is slowly sensible, and he knows who is good for him and who is not good for him.

  13. Anonymous users2024-01-27

    It's hard to say, since the court has already decided, it can only be changed unless there is a very serious problem. But the mother's approach is inappropriate, the problems between her and her husband should not involve the children, the children can go to the father, and they cannot be forbidden to interact

  14. Anonymous users2024-01-26

    If the girl can prove that her mother and stepfather have treated her badly and caused harm to herself, then she can sue her mother in court, and the court should support the father in raising the two children.

  15. Anonymous users2024-01-25

    Yes, as long as it is proved that the child's mother cannot take good care of the child and the child's father has the ability to raise the child, the court can be asked to award the child to the father.

  16. Anonymous users2024-01-24

    What if the parents are divorced and the two children want to follow the father, yours, if his financial conditions allow or the father takes care of them, then just follow it.

  17. Anonymous users2024-01-23

    If you go to the court to file a lawsuit, the court will rule that the custody of the child is changed from the aspect that is conducive to the child's growth, as long as the child is willing to follow the father and the father is financially stable, it can be awarded to the father.

  18. Anonymous users2024-01-22

    I want to follow my father, my father can bear it, but I can't bear it, and the two children think that the gnawing father may grow up better, and he cares about her more, so he chooses his father.

  19. Anonymous users2024-01-21

    Even if there is a divorce, the parents have the obligation to support the child, and the parent who does not support the child should pay child support, and the child has the right to sue the parents for child support, but it is still up to you to do so.

  20. Anonymous users2024-01-20

    Since both parents are divorced, I think the children should be one with the other, because you are two children.

  21. Anonymous users2024-01-19

    Most of the cases are handled according to the child's request, and you can present your thoughts and opinions to the court, and in the end, the court will decide.

  22. Anonymous users2024-01-18

    The Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts specify that there are four circumstances that must be met by a party requesting to change the child support relationship:

    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 party living with the child has a negative impact on the child's physical and mental health;

    3. Minor children over the age of 10 who are willing to live with the other party and who has the ability to support them;

    4. There are other legitimate reasons that need to be changed.

    You can make a decision based on your actual situation, or you can consult a local lawyer.

  23. Anonymous users2024-01-17

    If the child now has a sense of self-awareness, which loved one can he choose? Because he has grown up and can fully express his wishes. You can negotiate with his mother before you consider going the legal route.

  24. Anonymous users2024-01-16

    OK. As long as the two children go to court and tell the judge that they want to talk to their father, the judge will respect the child and award the child to the father.

  25. Anonymous users2024-01-15

    If her mother and her stepfather treat this girl badly, or well, abuse or something, it is possible to award the child to the father, but if this is not the case, it will not.

  26. Anonymous users2024-01-14

    Let's just say that if communication can be achieved, it is better to communicate well, because if you sue and go to court, it will not be good for both parties, and it will hurt children even more.

  27. Anonymous users2024-01-13

    From the child's point of view, I think this matter should be negotiated privately. It stands to reason that if the mother does not abuse her daughter, the law will not sentence her daughter to you.

  28. Anonymous users2024-01-12

    In this case, you can list the evidence that the other party is not suitable for raising the child and go to court to sue for a change of custody.

  29. Anonymous users2024-01-11

    Yes, after the age of 8, you should consider which party to live with, which is more conducive to the growth of the child, and at the same time, you should also consider the child's personal wishes, you can fight for it.

  30. Anonymous users2024-01-10

    You can consult a lawyer, after all, they are their own parents, and they will generally have one child per person in law, but the child will also be awarded to one person for special reasons.

  31. Anonymous users2024-01-09

    Legal analysis: In the event of a divorce, if both children are willing to follow their mothers, but the parents cannot reach an agreement, the dissenting party may file a lawsuit with the people's court to request the court to decide on the ownership of the custody of the minor children. When deciding on the ownership of custody of minor children, the court usually considers the relationship between the children and their parents. There are many factors such as the personal circumstances of the parents, their financial means, and the opinions of their children.

    At the same time, the Civil Code also stipulates that the court will consider the personal opinion of the minor child on the ownership of the custody of the minor child over the age of eight. Therefore, if both children are willing to follow their mother at the time of divorce, and they have reached the age of eight, the dissenting party should collect evidence in time to prove that the other party is not suitable for direct custody of the children and that he is more capable of raising the minor children. This is because the court will still consider various factors, not just look at the opinions of the minor children, and proceed from the principle that is most conducive to the healthy growth of the minor children, and decide on the ownership rights of the children.

    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 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 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 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 who is a tourist;

    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.

  32. Anonymous users2024-01-08

    Legal analysis: If the husband and wife have two children, under normal circumstances, one will be awarded to each person. However, if both parties agree and the child is willing to live with the father, the law does not prohibit the father.

    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 the divorce, the children are still the children of both parents, regardless of whether they are directly raised 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 custody, 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.

  33. Anonymous users2024-01-07

    Summary. The younger brother may need to be judged by factors such as the conditions of your parents and the long-term living party.

    In fact, as parents, we adults are more looking forward to the better growth of our children, so we must follow the wishes of our children. Of course, if as a mother, the boy is willing to follow his father, He Songque's mother will be more sad, of course, whether he follows his father or follows you, he is your child.

    I am the eldest in the family, my brother and I don't want to be with my mother, my mother has a bad personality, I want to ask if it depends on the child's wishes in terms of custody.

    If the child says that he will not go to his mother, what will the law say?

    How old are you and your brother?

    I'm 17, my brother is 11

    You will respect your wishes at this stage.

    The younger brother may need to be judged by factors such as the conditions of your parents and the long-term living party.

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