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Yes, but if the maternal grandparents are able to support them, they can help the children take care of their grandchildren.
According to the Marriage Law of the People's Republic of China:
Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.
After divorce, parents still have the right and obligation to raise and educate their children.
After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.
According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":
When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:
1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she can live with her father:
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.
2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
3. For children over the age of two years, both the father and the mother request 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 the change of living environment is obviously detrimental to the healthy growth of the child;
3) There are no other children, and the other party has other children;
4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
5. 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 live with his or her father, the child's opinion shall be taken into account.
6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.
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If the woman remarries, it depends on whether the person she remarries has children, if there are children, even if they have also experienced divorce, and then the custody of the children does not belong to him, then as long as he has children, so that the two people can not have children again, if he has no children, so that they can have children again, this is the man's right!
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Legal analysis: You can negotiate with the other party, and if the negotiation fails, you can sue the court to change the custody. In accordance with the law, the court shall, proceed from the interests of the child's physical and mental health, protect the lawful rights and interests of the child, and consider the specific circumstances of both parents, such as their ability to raise and conditions for support, to determine the ownership of custody.
In any of the following circumstances, one party's request to change the child support relationship shall be supported. (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 for the change.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China 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.
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Legal analysis: If the woman wants to divorce, the child may not necessarily belong to the man. The two parties can negotiate on who the custody rights belong to, and if the negotiation fails, the civil court will make a judgment; Children under the age of two years are raised directly by their mothers.
For children who have reached the age of two, and the parents of the closed family cannot reach an agreement on the issue of custody, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child based on the specific circumstances of both parties. In addition, where children have reached the age of 8, their true wishes shall be respected.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China states that 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 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.
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Summary. Hello: I am Dabang emotional Mu Yuzhu, a psychological counselor, I have served a lot of people, 1000 hours of service +, focusing on emotional, marriage, love and parent-child problems, your questions I have received, give me some time to think, it takes some time to type, wait a minute, and reply to you soon.
If you are divorced and find one, but the woman asks to bring the children with her, should the man accept it?
Hello: I am Dabang emotional Mu Yuzhu, psychological counselor, I have served a lot of people, 1000 hours of service +, focusing on the problems encountered in love, marriage, love and parenting, your questions I have received, give me some time to think, it takes some time to type, wait a minute, I will reply to you soon.
It is the right and responsibility of the woman to raise the child, and if she loves the woman very much, the conditions are also allowed, and you are acceptable.
Is it legally acceptable?
It's not necessary, it's moral. It is her right and duty to raise her children.
The child was raised by her parents before, she was unable to raise her, she can't always throw the child to her parents, the child has grown up without a father, then the mother must fulfill her responsibilities and digging obligations, when she has the ability, she is scattered and must take care of her own children. It depends on whether you accept him as a child, depending on how you look at it, she is a little mentally deficient, so she is incapable, and her parents have always been taking care of the child before.
You have to think about how you can take better care of the child.
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Legal analysis: If you want to change the custody of the child, there are generally the following situations in practice: (1) After the divorce, the husband and wife can submit a request to change the custody of the child if there is a major change in the ability of one or both parties to support the child.
2) The change of child custody rights is generally determined by both parties through negotiation. (3) If the negotiation fails, you can file a lawsuit with the court to request a change in the custody of the child. (4) Evidence must be provided to prove that it is more conducive to the growth of the child to be brought by oneself to the custody change.
5) If the child reaches the age of 18, there is no need for anyone's guardianship and support, so after the child reaches the age of 18, there is no longer the problem of custody change. If you want to change the custody of a child, the following conditions must be met: (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 the other party and who have the ability to support them; (4) There are other legitimate reasons to change custody.
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.
Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts》 Article 16: In any of the following circumstances, one party's request to modify the child support relationship shall be supported:
(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 for the change.
When the child becomes an adult, he or she can choose his or her own guardian.
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