Those who know the law come! Can children be with their sister after divorce? 10

Let me tell you a common situation in legal trial practice, in general divorce cases, if there is no obvious emotional breakdown when suing for divorce for the first time, such as one party has a third party and the like, it is difficult for the court to grant a divorce, because the divorce case must be mediated in the court first, and let you go back and get along again, and if you re-file the divorce lawsuit after six months, it is estimated that the judgment of divorce may be more urgent. However, this is only a situation where at least one party is unwilling to divorce, and if both are willing to leave, this will not be the case

Second, as for the custody of the child, if the child is sensible, the court will ask the child's opinion for reference, and will also comprehensively consider the attitude of both parties towards the child, the impact on the child's growth and other factors, but generally if the conditions are not much different, the woman's chance is relatively large

Article 36 of the Marriage Law 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.

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.

4-year-olds don't have a choice.

Generally, you can't talk to your aunt.

Her ex-husband is also the legal guardian...

Older sisters can have children.

The woman has a better chance.

The court will ask the child how he feels and who he or she is right with based on his previous life.

Legal analysis: If the parents are divorced, the custody of the child cannot be given to the sister, and the child must be raised by the father or mother. Parents still have the right and obligation to raise, educate and protect their children after divorce, so when parents divorce, they should properly handle the custody of their children, and agree on who will directly raise the children, and the party who does not directly raise the children shall bear part or all of the child's child support, and cannot give the child's custody to the sister.

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 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.

When a husband and wife divorce, it is okay for the woman to give the child to her sister Sister Jiankai, but the custody of the child should belong to the woman, and the woman still has to bear the responsibility and obligation of raising, educating and protecting the child, and the man must bear the obligation to pay child support.

[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 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 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. If a child is at least eight weeks old, his or her true wishes shall be respected.