If I can t afford to raise my children, can my parents prove it?

You don't need proof from your parents.

If you really don't want custody of your child. In order to consider your child's feelings, it is recommended that you ask for your child's opinion. After all, being a parent comes with a certain amount of responsibility.

Don't make your child sad, since you can't give him a complete home, please try to give your child a good and happy childhood.

Child custody can be negotiated, and if there is a dispute, the court will generally handle it as follows: the child is generally given priority to the mother's custody when the child is under the age of two, and the court will determine the child's ownership according to the actual conditions of both parties according to the principle of being beneficial to the child's growth, and the court will also solicit the child's opinions when the child is ten years old. The other spouse pays alimony at 20-30% of the regular income and has the right to visitation.

Therefore, in principle, the court will still follow the child's opinion. Unless you can provide the court with proof that you are unable to support you. Or a couple consultation.

The Marriage Law stipulates that after divorce, the child who is breastfeeding shall be raised by the nursing mother in principle. 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 Supreme People's Court stipulates that when a people's court hears a divorce case, it shall properly resolve the issue of child support from the perspective of benefiting the child's physical and mental health and protecting the lawful rights and interests of the child, taking into account the specific circumstances of both parents, such as their ability to raise and conditions for raising children. 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. If the mother has any of the following circumstances, she may live with the 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.

In general, it is more likely that the court will award custody of the child to the woman.

Clause. Children under the age of one or two generally live with their mothers. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child.

Clause. 2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman.

Clause. 3. The child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman.

Clause. 4. Under the premise that the conditions for raising both men and women, such as job stability and income are not large, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman.

Fifth, the man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

Sixth, if both men and women are not at obvious fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, she will be more likely to get custody of the child.

Seventh, children over the age of 10 live with their mothers at will.

3. Does the opinion of the child's grandparents have any impact on the custody of the child?

In general, parents are the direct guardians of the child, and the opinions of the grandparents and maternal grandparents have no direct impact on the ownership of the child's custody. However, if both parents are busy with work and other conditions are equal, the advice of the grandparents or grandparents who care for the child can be useful.

Ability is not important, the key depends on whether you want to have children or not.

You'll have to ask a lawyer about this and let him figure it out for you.

No, only the wife's family can issue a certificate.

No, the children must be given to the man.

First of all, you need to prove that you are in good financial condition, submit pay stubs or other proof of legal income, or submit evidence of your living situation, which is conducive to the judgment of the court that you can give your child a better living environment and growth environment; Secondly, it is necessary to prove that you or the parents who live with your children have enough time to accompany your child's growth. In addition, they can submit evidence to the court to prove their health and physical condition, as well as evidence that they do not have bad habits such as gambling, drug abuse, and abuse. Finally, in the case of a minor child over the age of 8, proof of the child's willingness to live with the father or mother must be submitted.

When dealing with the issue of child support, the court will carefully listen to the opinions of children over the age of 10 and make a record of the file. Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him. Children over the age of 10 are generally more mature than our generation and have a basic understanding of the meaning and consequences of divorce, and although this will cause harm to them, this damage is unavoidable.

Therefore, when parents strive for custody of their children, they should strive for custody of their children in accordance with the principle of being conducive to the healthy growth of their children and reasonably agree on visitation rights.

Article 1 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts is that children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, they may live with their fathers: (1) they suffer from infectious diseases or other serious diseases that have not been cured for a long time, 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. Article 3 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" provides that for children who are minors over the age of two years, both the father and the mother request to live with them, and one party may be given priority consideration in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons; (2) The first daughter of the child has lived with her for a long time, and changing the 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.

At any time after the divorce, if there is a major change in the circumstances or support capacity of one or both parties, if one of the parties is unable to raise the child, he or she may file a request for a change in the custody of the child. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation.

Parents are not able to raise children, who will raise them.

Grandparents who can afford it have the obligation to support their minor grandchildren whose parents are unable to support them. Older brothers and sisters who can afford it have the obligation to support minor younger brothers and sisters whose parents are unable to support them.

What to do if the parents are not able to support them.

Grandparents who can afford it have the obligation to support their minor grandchildren whose parents are unable to support them.

Older brothers and sisters who can afford it have the obligation to support minor younger brothers and sisters whose parents are unable to support them.

Relevant legal provisions.

Article 1074 of the Civil Code provides that grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

What to do if the parents are not able to support them.

Grandparents who are able to afford Zen Luli have the obligation to support their minor grandchildren whose parents are unable to support them. Older brothers and sisters who can afford it have the obligation to support minor younger brothers and sisters whose parents are unable to support them.

What should I do if I can't afford child support when I get divorced?

If there is a real inability to pay maintenance, the child may be raised by agreement to defer or otherwise deduct the maintenance, but if there is neither property nor the ability to pay, the other party shall be liable for the full amount of the maintenance. Even if you apply to the court for enforcement, it will not be meaningless because there is no property to enforce.

What to do if the ex-husband is unable to pay alimony after the divorce.

The party without income is not exempt from the responsibility of bearing child support, and the party without income will explain his actual situation, and the two parties can negotiate to a degree that is acceptable to both of them, and they can also use their property to offset the child support. If the negotiation fails, a lawsuit can be filed with the court, and the court will confirm the amount of maintenance and the method of payment based on the income of the party paying the maintenance.

Legal analysis: If both parents are unable to raise children after divorce, they can file a lawsuit with the court, and the court will decide who has custody according to the facts of the case. Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

Legal basis: "Civil Code of the People's Republic of China" Article 1 Liang Kai Qian067 Where parents fail to perform their obligation to support them, minor children who are underage or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand alimony from their adult children.

According to Article 1084 of the Civil Code of the People's Republic of China implemented in 2021, 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 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.

It can be seen that both parents have the obligation to raise their children, and both parties should do their best to raise their children. Custody can be negotiated by both parties, and if the negotiation fails, the court will make a comprehensive judgment based on which party can give the child better conditions.

Article 1084 of the Civil Code of the People's Republic of China provides that 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. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two years, 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.