Can the little boy who is five months after the divorce want to come

After divorce, breastfeeding children generally live with the woman; If the two parties cannot reach an agreement due to a dispute over custody, 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 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.

The man cannot file for divorce when the child is 5 months old, but the woman can file for divorce. When the child is breastfeeding, the man is not allowed to file for divorce.

Article 1082 of the Civil Code of the People's Republic of China [Restrictions on the Husband's Right to Sue for Divorce] The husband shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Legal analysis: No, the man Hu Kai knows that he cannot apply for divorce.

Legal basis: Article 1082 of the Civil Code of the People's Republic of China The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, 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.

Legal Analysis: The right of the man to sue for divorce is limited by law during the period when the woman is pregnant and returns within one year after childbirth. If the husband sues for divorce within this statutory time, because he violates the mandatory provisions of the law, the legal consequence is that the court will not accept his lawsuit, so that his claim cannot be supported by the court and recognized by the law.

Although the law restricts the man's right to sue within a certain period of time after the woman's pregnancy and childbirth, the man's request for divorce can still be accepted in special circumstances that are "truly necessary". The so-called "genuine necessity" mainly refers to two situations: first, there are serious and urgent reasons why the two parties cannot live together during this period, such as the possibility that one party may endanger the life and personal safety of the other party; Second, the woman's pregnancy was caused by adultery with another person, and the people's court shall accept it in order to prevent the conflict from further intensifying and to prevent the occurrence of accidents.

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' intention to divorce voluntarily and the opinions reached through consultation 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) Tremor due to emotional discord for two years;

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.

Article 1085:After divorce, where 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.