The divorce has both children, the woman wants it, the man wants it, and what will happen if the wom

The law cannot solve a civil case... Tell you what to do,。。 On the same day,. Whoever is in the hands of the child is his,。。

Lawsuits, or should the child be given to the girl, and the meat that fell from her.

Legal analysis: You can first choose to negotiate with the other party, and the purpose that can be achieved through negotiation is the best to avoid the escalation of family conflicts. If the negotiation fails, you can file a lawsuit in court.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husbands and wives divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' voluntary divorce or expression of intent 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 the people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates a divorce lawsuit again, Wang Wu's divorce shall be granted.

If the divorced man wants to have a child and the woman does not give it, he can first choose to negotiate with the other party. It is best to achieve the goal through negotiation and avoid the escalation of family conflicts. If the negotiation fails, you can file a lawsuit in court.

If the divorced man wants custody of the child, he needs to prove to the judicial authority that it is more conducive to the growth of the child, because the principle of the judicial decision is conducive to the growth of the child.

Legal basisArticle 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.

After the divorce, Qing Feng returned to his children under the age of two and was directly raised by his mother. Where the parents of a child who has reached the age of two cannot 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 that the basis is in the best interest of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

How to determine child custody in the event of divorce.

1. Children under the age of two: children under the age of two generally live with their mothers;

2. Children over the age of two: For children over the age of two years, both the father and the mother are required 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. The child is over 10 years old

1) In the event of a dispute between the parents about a minor child over the age of 10 living with the father or mother, the child's opinion shall be taken into account.

2) Minor children over the age of 10 are persons with limited capacity for civil conduct and have a certain ability to distinguish between right and wrong. Therefore, in divorce cases, the personal wishes of the children should be taken into account when dealing with the question of who the children live with.

If the divorced woman does not want the child, if it is breastfeeding, the woman can negotiate with the man to hand over the child to the man after the child is two years old, if not during the lactation period, the woman can negotiate with the man to raise the child first, if the man is unwilling and the woman has no financial conditions to raise the child, she can ask the court to award the child to the man. According to Article 1085 of the Civil Code, if a child is directly raised by one party after divorce, 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 reasonable demands to either parent in excess of the original amount of the agreement or judgment when necessary.

Article 1085 of the Civil Code 6868 After divorce, if the 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.

Lawyer's analysis: If the husband and wife divorce, if the divorce is agreed and it is agreed that the man will raise the child, the man may file a lawsuit with the people's court at the place where the woman's household registration is located, requesting that the woman be required to hand over the child to himself in accordance with the agreement; In the case of divorce by litigation and the court awards the judgment to the husband, the husband can apply to the court for enforcement.

Legal basis

Civil Procedure Law of the People's Republic of China》 Article 21: The people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation brought against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same lawsuit is in the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.