I m going to get divorced, and I can t give up my children, what should I do?

Updated on society 2024-04-19
3 answers
  1. Anonymous users2024-02-08

    Seek legal help.

    The law provides for two forms of change in the ownership of child support. After the parents divorce, under certain conditions, they may be changed in accordance with law according to the actual circumstances of both parents or the children.

    The first is the change of the agreement between the two parties. Where both parents agree to change the child support relationship, it shall be allowed as long as it is conducive to the child's physical and mental health and protects the child's lawful rights and interests; The second is that one party requests a change. Where one party requests a change in the child support relationship, it shall be supported in any of the following circumstances.

    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 another party and who has the ability to support them;

    4) There are other legitimate reasons to change. Where both parents agree to change the child support relationship, it shall be permitted. In addition, if both parties refuse to raise the children during the divorce proceedings, a ruling may be made in advance that one party shall temporarily raise the children.

    Miscellaneous. It should be noted that after the divorce, if one party requests to change the child support relationship, if the two parties cannot reach an agreement on this, they should file a separate lawsuit.

    This is because this claim under the new circumstances does not involve the divorce of the original divorce case and the disposition of matrimonial property, but rather a new situation arises with regard to child support that did not exist (or was resolved) at the time of the original divorce case. Therefore, it is not a continuation of the proceedings in the original divorce case, nor is it a correction of the error in the judgment or mediation agreement on child support in the original divorce case, so it should be prosecuted separately as a new case.

  2. Anonymous users2024-02-07

    If you want to get a divorce, but you can't bear the child's solution: if the two parties can reach an agreement on child support and other matters, they can agree to divorce, and if they can't divorce by agreement, the parties can sue for divorce. Regardless of the way the parties divorce, the issue of child support needs to be properly addressed.

    In addition, the relationship between parents and children is not extinguished by the divorce of the parents, and the parties may agree to take turns to directly raise the children on the premise that it is conducive to protecting the interests of the children.

    [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.

    Article 48 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

    On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns to directly raise the children, the people's courts should support it.

  3. Anonymous users2024-02-06

    Summary. Kiss! Hello!

    I want to divorce but I can't bear to have children. 1.On the one hand, they are worried about the impact on the physical and mental health of their children, and on the other hand, they are worried that they will not be able to get custody of their children, and they can divorce if they are not in harmony but they can't ignore the children, so that the relationship between the children and themselves is impossible, because there is no marriage that does not exist.

    2.You can find a way to minimize the damage to your children, even if you don't have the right to raise children after divorce, you can often go to see your children, I believe that most people who want to divorce will think more about their children, and it is impossible to snub their children by taking advantage of this, don't think that it is good for children to be reluctant to be together for the sake of children.

    Kiss! Hello! I want to divorce but I can't bear to have children.

    1.On the one hand, they are worried about the impact on the physical and mental health of their children, and on the other hand, they are worried that they will not be able to get custody of their children, and they can divorce if they are not in harmony but they can't ignore the children, so that the relationship between the children and themselves is impossible, because there is no marriage that does not exist. 2.

    You can find a way to minimize the damage to your children, even if you don't have the right to raise children after divorce, you can often go to see your children, I believe that most people who want to divorce will think more about their children, and it is impossible to snub their children by taking advantage of this, don't think that it is good for children to be reluctant to be together for the sake of children.

    Kiss! First of all, I want to make it clear that if it is possible to solve the problems in the marriage and reconstruct a happy relationship, the child can not only have a complete family, but also grow up in a happy family environment, which is undoubtedly the best choice.

    Second, if you are sure to divorce, how to reduce the damage to your children Third, don't procrastinate, make a choice as soon as possible I want to emphasize one point, whether you plan to repair your relationship or choose to divorce, it is best not to delay, but to make a choice as soon as possible; Because of the painful marital status of you and your partner, it will seriously affect the children.

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