Ownership of divorced children, ownership of divorced children

When the child is four months old, you want to get custody through the court? Unless the woman is grossly at fault, don't think about it, the court won't accept it at all.

Article 34: The man must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

According to the above provisions, there are two ways to divorce: divorce by agreement and divorce by litigation. In a divorce by mutual agreement, both parties negotiate and reach an agreement on the division of children and property, go through the divorce formalities with the civil affairs department, and issue a divorce certificate.

This method is relatively free and not bound by time limits. Litigation divorce refers to the settlement of divorce issues by filing a lawsuit with the court, for the protection of the rights and interests of the woman and her children, generally speaking, if the man sues for divorce, he must file a lawsuit one year after the woman gives birth, unless the woman has major faults (such as the child is born of adultery between the woman and others); However, the divorce filed by the woman is not subject to this restriction.

It's better to manage your marriage well, the child is innocent!

Children under the age of 2 are generally awarded to the woman for care, taking into account the breastfeeding problems and physical and mental health that are beneficial to the baby. As long as the woman can afford to raise a baby, she will generally be awarded.

1. The child is small and is generally sentenced to be raised by the woman.

2. After the child has passed the mother's parenting period, it is generally seen which party has the better ability to raise the child.

3. After the child has the ability to self-discriminate, he can choose which side to follow.

According to the [Marriage Law] of our country, the custody of the child during the lactation period will be given to the woman.

However, it is also possible to change custody after breastfeeding.

Legal analysis: After the divorce of the husband and wife, the children are suspected to be under the age of two and are directly raised by the mother. Where the child has reached the age of two, the parents decide on the ownership after consultation, and if the negotiation fails, 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 the child has reached the age of 8, the person who wants to return the case will make a judgment on the child's ownership after respecting the child's true wishes.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China After divorce, children under the age of two shall be directly raised 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: Children under the age of one or two generally live with their mothers. 2. For children over the age of two years, both the father and the mother request to live with them, and one of the parties may be given priority in any of the following circumstances:

1. Have undergone sterilization or have lost their fertility due to other reasons; 2. The children have lived with them for a long time, and changing the living environment is obviously not conducive to the healthy growth 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 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.

First of all, thank you. Regarding the custody of the child, it is based on the principle of the best benefit of the child, first of all, the child is 10 years old, the law stipulates that the child's opinion should be followed, and the child's own ideas will be listened to, and secondly, the parent's ability to raise and the conditions for raising the child should be comprehensively considered.

Legal basis: Article 1084 of the Civil Code The relationship between parents and children shall not be 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 father and mother fail to reach an agreement on the issue of custody, the people's court shall 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.