The child is breastfeeding, and the woman files for divorce, how to judge the child

The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of 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.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

In the event of a divorce, the child is raised by the woman and the man is required to pay child support. The joint property of husband and wife shall be divided in accordance with law.

Breastfeeding children are generally raised by their mothers. According to Article 36 of the Marriage Law, after divorce, the nursing child shall be raised with the nursing mother in principle. According to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, 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 an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

Of course, it is a judgment of divorce, this is proposed by the woman and not the man, and the child is awarded to the woman!

It depends on who can afford to raise the child. Secondly, divorce by agreement or divorce by litigation.

Legal Analysis: The breastfeeding woman files for divorce and the child is generally awarded to the woman.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China After divorce, children who are not yet two years old 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.

Article 44: Where divorce cases involve the support of minor children, children who are not yet two years old are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1) Suffering from a communicable disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with them;

2) The father has not fulfilled the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him;

For other reasons, it is indeed not suitable for the child to live with the mother.

Legal Analysis: The breastfeeding woman files for divorce and the child is generally awarded to the woman.

Legal basis: Article 1084, Paragraph 3 of the Civil Code of the People's Republic of China After divorce, children under the age of two shall be raised by the mother directly. For children who have already reached the age of two, and the parents are absent and the defense fails 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.

Breastfeeding children are generally raised by their mothers. According to the provisions of the Marriage Law and Article 36 of the Confession, after divorce, the children who are breastfeeding shall be raised with the nursing mother. According to the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, children under the age of two years generally live with their mothers.

If the mother has any of the following circumstances, she may live with the father: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) For other reasons, the child is truly unable to live with the mother.

If the child is still breastfeeding, in principle, it will be awarded to the woman for maintenance. If the relationship between the husband and wife breaks down and the woman sues for divorce, the court generally decides which party to raise the child from the perspective of being conducive to the child's upbringing, taking into account the parenting conditions and support capacity of both parties, but if the child is under two years old, the custody of the child will generally be awarded to the woman.

Legal basis

Article 79 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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. Article 1082:The husband must not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of the pregnancy; However, this is not the case where the woman files for divorce or where the People's Court deems it necessary to accept the husband's request for divorce.

A breastfeeding woman files for divorce, and under normal circumstances, the child is raised by the woman.

Because the child is breastfeeding, it is beneficial for the child to be raised by the woman. Therefore, according to the basic principles of the Marriage Law, it should be raised by the woman.

The judicial interpretation of the Supreme People's Court stipulates that, in principle, children under the age of two years should be raised by the woman in the event of divorce.