The man will not have children, the child is not born by the spouse, I am the woman, should I have c

When a man and a woman divorce, they fight for child custody, and the law has the following provisions:

1. The husband fights for child custody:

1. The woman has a malignant infectious disease or other serious illness that affects the child's growth.

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

3. The man has been sterilized or has lost childbearing capacity.

4. The woman has bad habits or other quality problems that may affect the child's growth.

5 The older man is less likely to have another child, while the woman is in a better childbearing period.

6 The woman has a low income, and her job is unstable and she has no regular income.

7 Neither man nor woman has time to take care of the children, and after the divorce, the children are mainly cared for by one of the parents (i.e., the child's grandparents and grandparents), whose opinions, physical condition, and education level also play an important role in the struggle for custody.

2. The woman fights for custody of the child.

Generally speaking, children under the age of two years will be awarded to the woman for maintenance.

However, according to the first paragraph of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Courts", it is provided:

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.

If the woman can also cite that the man's living environment is not good, he is not able to raise the child, or that even if the child is raised, it will have a negative impact on the child's future.

In addition, if the child is over 10 years old, he or she can advocate with whomever he wants.

I didn't understand, your man can't have children, whose child is it? Did you give birth? "Not born to a spouse"?What does it mean? Who gave birth to you? Or is it his ex-wife's?

Self-born children, why not. If the man is old and will not remarry, and the man is willing to have this child, you let the man take it, and you can have another child. Why Divorce?

If the child is yours, you want it, and if it's not yours, you don't want it.

If a child is born without marriage, the man also has custody of the child. In other words, even if a man and a woman have not registered their marriage, as long as they are the biological parents of the child, they certainly enjoy the parent-child rights of their own children. Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

1. How to sue if the husband does not pay child support for a child born out of wedlock.

1. Litigation method for non-payment of alimony for unmarried childbirth: The parties submit a complaint to the people's court with jurisdiction over hail, and the people's court decides whether to accept the case. After the people's court accepts the case in accordance with law, it conducts a trial, judgment, and enforcement.

The people's courts may employ compulsory measures against parties who refuse to perform on their obligations to support in effective judgments, rulings, or mediation documents.

2. Does the man have the right to sue the woman if he is born out of wedlock?

1. Right. If the child born out of wedlock is directly raised by the man, and the woman, as the party who does not directly raise the child, fails to pay the maintenance as agreed by the parties, the man may collect relevant evidence of the woman's refusal to pay the child support, write a complaint, and file a lawsuit with the court where the woman is located, claiming that the woman pay the child support.

Legal basis

Civil Code of the People's Republic of China

The 1,000th Jane Annihilation Seventy-one.

Children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

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.

Legal analysis: If it is not illegal, but the woman cannot have children, the man files for divorce, and the woman can claim mental damages to the man; However, for the property acquired during the marriage, the husband and wife are generally divided equally, but the woman can also claim in the complaint that the husband should be required to divide more of the joint property of the husband and wife.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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.

Summary. Hello, I am happy to answer for you, if the woman insists on the divorce and the man does not agree, the woman can sue for divorce, and the lack of childbearing capacity can be determined as a relationship breakdown, and the court can grant a divorce.

The man is unable to have children and does not want to divorce.

Good. Hello, I am happy to answer for you, if the woman insists on the divorce and the man does not agree, the woman can sue for divorce, and the lack of childbearing capacity can be determined as a relationship breakdown, and the court can grant a divorce.

Is it a big win to win the case? Is it a long time.

I don't want property either.

As for how long the husband can support the divorce if he does not agree to the divorce, if he does not make a mistake, as long as one party does not agree, the possibility of divorce is very small, and the time will be very long, but the divorce can be granted after more than 2 years of separation.

I have been married for ten years, and IVF has been done several times.

The body is broken. It's still hard to leave.

Kiss, if the other party is unwilling to divorce, the probability is very small.

That is, it takes a second trial to be judged, right?

Dear, the probability of this is also very small, have you negotiated a divorce with your husband?

If the man is unable to have children, the court will generally support the divorce filed by the woman. Process of suing for divorce:

1. Prepare civil pleadings.

2. Go to the people's court with jurisdiction to file a lawsuit and submit relevant evidence.

3. Attend and participate in litigation activities on time in accordance with the notice of the people's court.

4. If you are not satisfied with the first-instance judgment or ruling, you should file an appeal with the original people's court or the people's court at the next higher level within 15 days after receiving the judgment or within 10 days after receiving the ruling, and submit an appeal petition.

1. Can a court divorce be appealed?

The law provides that divorce judgments can generally be appealed in accordance with the law. If the parties are dissatisfied with the first-instance judgment, they shall appeal to the people's court at the level above within 15 days of the date on which the judgment is served. The appeal petition shall be submitted to the people's court of the original trial and a copy shall be submitted.

"Appeal" refers to the activities of a party declaring dissatisfaction with a first-instance judgment or ruling made by a people's court that has not yet taken legal effect within the legally-prescribed time limit and requesting a new trial by the people's court at the level above.

Article 1079 of the Civil Code of the People's Republic of China provides that if 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; (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.