The boy is 5 and a half years old, and his mother has been taking him, can the divorce be awarded to

Updated on society 2024-04-02
19 answers
  1. Anonymous users2024-02-07

    It will definitely be awarded to the mother, and the child will be legally awarded to the mother until the age of eight. The premise is that the mother does not have any lifestyle problems and bad habits, etc., it will be awarded to the mother. What's more, the man also has domestic violence, and in this case he will definitely be sentenced to his mother.

  2. Anonymous users2024-02-06

    The half-year-old boy has always been carried by his mother, can his parents be divorced by his mother? Won't be awarded to mom because what's his last name? Under normal circumstances, the court is awarded to the father, because the child is not breastfeeding, if the father has domestic violence, as long as it can be confirmed that the father has domestic violence, it is another matter, according to the father's domestic violence, the child is very likely to be awarded to the mother.

  3. Anonymous users2024-02-05

    Generally, children of this age are awarded to their mothers, and if you say that the man has domestic violence, it is not conducive to the growth of the child, so if there is conclusive evidence, the divorce must be awarded to the mother.

  4. Anonymous users2024-02-04

    It will be awarded to the mother, and the court should fully consider who is more conducive to the child's growth when making a judgment, and the father has domestic violence, which is naturally not conducive to the child's growth, plus living with the mother for a long time, and having more feelings with the mother.

  5. Anonymous users2024-02-03

    It can be awarded to mom. This marriage law stipulates that on the premise that both parents are capable of raising the child, both parents want the child, and the court awards it to the mother, that is, the mother.

  6. Anonymous users2024-02-02

    OK. According to China's "Marriage Law", if a husband and wife divorce and have only one child, it can be awarded to either of the two parties. The specific situation is generally based on the income level of both parties, the ability to raise them, and the personal wishes of the child.

    The child has always been brought by the woman, and it is likely that it will be awarded to the woman.

  7. Anonymous users2024-02-01

    If you have conclusive evidence of the man's domestic violence, the man is at fault when the divorce is filed, not only will the custody of the 5-year-old boy be awarded to you, but also will be poured into you (financial compensation to the non-at-fault party) when dividing the joint property of the husband and wife, I wish you and your children happiness!

  8. Anonymous users2024-01-31

    A large part of this is awarded to the mother, and secondly, the boy will also have a certain choice, no matter who is awarded to the other party, the other party has to pay child support.

  9. Anonymous users2024-01-30

    After the divorce, if you have evidence to prove that the man has domestic violence, the court will generally award it to the mother.

  10. Anonymous users2024-01-29

    Divorce generally has to take care of women, that is, there is no domestic violence, and most of the children are awarded to the woman, unless the children are resolutely with the man.

  11. Anonymous users2024-01-28

    If it is the relationship breakdown caused by the man's domestic violence, the divorce is divorced. The boy should be put on his mother's.

  12. Anonymous users2024-01-27

    It's best to get custody...

  13. Anonymous users2024-01-26

    If you tell the truth, and there is evidence, it will definitely be awarded to you.

  14. Anonymous users2024-01-25

    There is a high probability that this situation will be awarded to the mother.

  15. Anonymous users2024-01-24

    Hello, if the child is small, see who has strong financial ability and who the child will award to.

  16. Anonymous users2024-01-23

    It is generally determined based on economic income.

  17. Anonymous users2024-01-22

    The custody of the children of the divorced husband and wife is mainly based on the growth of the children. At the same time, it should be based on several conditions: first, the age of the child, second, the economic condition of the couple, and third, the moral character of both parents.

    1. Regarding your question about who the divorced children belong to the woman, the opinions of the children should also be considered. Since minors over the age of 10 usually have a certain degree of discernment and judgment and are able to express their own wishes, article 5 of the "High Perception of Child Rearing" stipulates that if there is a dispute between parents over the age of 10 that a minor child over the age of 10 lives with the father or mother, the opinion of the child shall be taken into account. 2. The most critical point is that if both parents require their children to live with them, and the other party has criminal acts (such as gambling) in violation of the hidden ruler law, and other circumstances that are not conducive to the physical and mental health of the children, and it is not appropriate to live with the children, one party has absolute priority and direct custody conditions.

    Of course, definitive evidence should be provided. 3. Therefore, for the child who has been divorced from the mother, the issue of the child being judged to the mother should be analyzed according to the specific situation.

    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.

  18. Anonymous users2024-01-21

    Legal analysis: If the man sues for divorce and wants custody of her 6-year-old daughter, she can prove that the man has domestic violence and that the man's raising of the child is not conducive to the child's growth through 110 police, the certificate issued by the property or the community, the injured state, and the report issued by the hospital. In addition, documents such as the complaint, the identification of both parties, and the child's birth certificate are required.

    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 the mediation fails, the 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 a divorce is not permitted, the parties have been separated for one year or more, and one party initiates a divorce lawsuit again, the divorce shall be granted to the Swift Closure Party.

  19. Anonymous users2024-01-20

    Legal Analysis: For children who have reached the age of two and the parents 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 children.

    Legal basis: Article 108 of the Civil Code of the People's Republic of China Article 14 The relationship between parents and children shall not be extinguished by the divorce of 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 is to make a judgment on the basis of the specific circumstances of both parties and in accordance with the principle that it is most conducive to the call of the minor child.

    Where children have reached the age of 8, their true wishes shall be respected.

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