After the divorce, the children have been living with me, can I win?

If it is a lawsuit, this can be won, and since the other party has no obligation to enter the custody, of course it will not be awarded to him.

At the time of divorce, children under the age of two are generally raised by their mothers; If the child is over the age of 2 but less than 10 years old, it is easier for the party who has evidence to provide the child with better learning and living conditions. This includes providing proof of:

Nature of work, working environment, income status, living conditions, education level, character cultivation.

Status of other family members.

It is also possible to provide evidence against the other party to obtain custody of the child, such as:

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 child is over 10 years old, the court will take into account the child's opinion when making a decision.

Therefore, it is also particularly important to strive for the child's recognition of the parent party.

Who generally raises children under the age of two?

Children under the age of two generally live with the woman.

Exceptions for children under the age of two who do not live with the woman but with the father are:

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.

Can the child's opinion be taken into account when fighting for custody?

In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account.

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, so in divorce cases, the personal wishes of the children should be taken into account when dealing with the issue of who the children live with. However, this does not mean that minor children over the age of 10 can choose who to live with at will, and the court will generally consider the opinions of the children when the father and mother are fighting for custody and both parties have the conditions to raise the child.

Categories: Troubles >> family relationships.

Problem description: I have been married to my husband for 3 years. He was 6 years older than me. I'm 25 years old.

I now have a two-year-old son. My mother and I have been taking care of my children since they were young. We always quarrel over little things, and when we fight, he starts beating me, and then he apologizes and promises never to do it again, but every time he talks doesn't count, I know he loves me.

But I can't stand his temper. Married for several years. He never asked about family matters.

I know all day long that playing games on the Internet doesn't work. I want to get a divorce, but he's not interested in it. Said let me give him a chance to change, but I kept wandering, I don't know if I should give him one last chance, but now that I think clearly, I want to get a divorce, I want to ask if I can get divorced in such a situation?

After the divorce, I want my children to follow me, and a friend who knows tells me, thank you.

Analysis: In this case, you should go to the court to solve it. In the situation you said, I think your husband can't change it, and you haven't given him a chance, but he is here, and he makes the same mistake in the third place, in response to an old Chinese saying, a dog can't change eating, and a donkey can't change grinding.

So it's better to divorce early, it's good for you and your children to be good and harmless...

Regarding the issue of your child, he does not agree with your divorce, you can sue the court, but you have to provide evidence to the court that you are taking care of the child in ordinary life, and he has not fulfilled the responsibility of a father. The court will also ask for the child's wishes, which means that the court will ask the child which party he wants to live with...

In your case, he will never agree to divorce by mutual agreement, so you have to sue the court, the court began to mediate you, to see if you really can't live together, if the mediation fails, the court will rule in court, even if your husband does not agree to your divorce, the court will not betray you for divorce for the first time, but you can sue, in one point, even if the court does not sentence you to divorce, as long as you and your husband have been separated for 2 years, The marriage between your two in-laws will be automatically dissolved...

In what you have said, the child is definitely following you ...

I will. In life, there are many people who always feel that their imaginary marriage is happy, so when they encounter a little family conflict, they feel that their marriage is unhappy, and they feel that their lover is useless, and they will have the idea of divorce. If at this time, there is an extramarital affair outside, coupled with the sweet words of the other party, and the alliance is made, so I feel that I have found true love and happiness, but some people weigh the pros and cons again and again due to the fetters of their children, and finally choose to continue their marriage for the sake of their children.

But there are still some people who are carried away by the fantasy of a happy marriage, and finally ruthlessly abandon their children and choose to divorce! However, these people he did not actually understand the essence of marriage, what is marriage? Marriage is a couple of men and women living together, facing oil, salt, sauce and vinegar, pots and pans, facing common livelihood, facing the trivialities and contradictions of life, and ignoring anyone's marriage stove.

Most divorced people in life eventually have remorse! They found that after remarriage, the new marriage is nothing more than that, and sometimes, it is not as good as the original marriage! The successor is not as good as the predecessor, because it is a halfway combination family, if both parties have children in the past, it must be a family where you quarrel and quarrel, and the contradictions are constant, it is simply hell on earth, life is better than death, and what is the luck to argue about Pifu.

But who do you blame? You brought it on yourself! Suffer as much as you want!

Therefore, love is sweet, marriage is bland, you don't think about marriage too ideally, if it is too ideal, you can only go to Ma Yun, Liu Qiangdong, and what other rich tycoons, they will give you food and clothing without worry! But it's also impossible for these people to give you sweet love, why? You should know.

In the world, in general, marriage is still good! Because the original marriage is a seamless whole that is fused by the feelings of the husband, wife, and children; What's yours is mine, and what's mine is yours; The child is biological, your child is also my child, my child is also your child, the family is emotionally integrated, regardless of each other.

But the remarried family is different, between them, yours is yours, mine is mine, your child is your child, my child is my child, there is a gap in the heart, there is a rift in the feelings, and the feelings are difficult to melt, so that a family can never form a seamless and perfect whole with each other! But it can only be a family, people together, half-hearted, torn apart, each with a ghost and a difference! In the end, quarrel for the children, quarrel for their own interests, quarrel for trivial matters, quarrel for each other!

In such a family, you can only be miserable, depressed, depressed! What about happiness!

Once you give up your children for divorce, the children's hatred for you will not be eliminated for life, and even if you make up for this family affection in the future, it will be useless. Because there has been a rift in the blood relationship, it will never be restored! Don't forget!

It depends on what you're going through, if you can't stand it anymore, you can choose to leave, everyone will give you advice, and everyone wants you to do well.

If my husband doesn't love me anymore, then I will definitely choose to leave him, there are many women who will endure for the sake of their children, but I think children are very important, but we have never been children, and we are also grown up with our parents in our hearts, so why should we suffer this grievance? Some people may think that in order to let them have a complete family, but their parents are no longer in love, do you think children can feel the warmth in this home?

And since he doesn't love you anymore, he won't want to do those superficial things with you at all. Maybe if he has a little conscience, he will maintain a superficial affection with you, just so that his children can feel the warmth of the family, but I don't think most men will do this. You don't want to leave, but if he has no feelings for you, he will definitely try his best to separate from you, so that he won't care about any children.

In fact, on the one hand, women have always been weak, because they will be reluctant to their own home, and they will also be reluctant to give up their husbands and children. But I don't think it's really necessary to wronged myself like this, we grew up with thousands of pets when we were young, why do we have to suffer such an insult when we go to someone else's house when we grow up? The reason why we are with him is because we love each other, and we are willing to form a new little family.

But now that this love is gone, then there is no need for us to force it, because it will make both parties sad.

So it's better to be decent, to separate generously, from now on we all have our own lives, and if we talk about our children, we will give him enough love. In fact, I don't think it's so terrible for women to divorce, the times are different now, after leaving, we can live a good life without having to rely on men. Don't feel that you have nothing, you have worked hard little by little, and don't expect anyone to do it.

Methods of division of property in divorce (1) The joint property of the husband and wife shall generally be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual.

2) The joint property of the husband and wife who live separately and manage and use them separately shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference. (3) If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with customs, or if the payment before marriage causes the payor to have difficulty in living, the other party may request the other party to return the bride price at the time of divorce. (4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall compensate the other party equivalent to half of the value of the property.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce. (6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price. (7) In the case of divorce, if the marriage has not been long, or the other party's life is difficult due to the request for property.

It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift. (8) A house jointly owned by a husband and wife that is not suitable for partition shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault.

The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms. (9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

10) Where personal property before marriage is naturally damaged, consumed, or lost in the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality.

For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.

If there are special circumstances, the above proportion may be appropriately increased or decreased.