The woman is not in good health and can take out the medical records, the man does not want children

Updated on society 2024-04-22
9 answers
  1. Anonymous users2024-02-08

    When hearing divorce cases, people's courts shall follow the "Marriage Law of the People's Republic of China" and other relevant laws and regulations to properly resolve the issue of child support in accordance with the "Marriage Law of the People's Republic of China" and relevant legal provisions, starting from the perspective of benefiting the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances such as the parents' ability to raise and the conditions for raising them.

    Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she may 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.

    Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.

    For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in any of the following circumstances:

    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.

    The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

    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.

    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.

    Both parents may agree that the child will live with one of the parents, and the parent will bear all the child's maintenance expenses. However, if it is verified that the raising party's ability to support the child is obviously unable to guarantee the child's necessary expenses, and affects the child's healthy growth, it is not permitted.

    During the divorce proceedings, if both parties refuse to raise the children, a ruling may be made in advance for one party to temporarily raise the children.

  2. Anonymous users2024-02-07

    This depends on who the child lives with more conducive to his growth, and the custody of the child will be awarded to whom.

  3. Anonymous users2024-02-06

    It is the responsibility of parents to raise children!! Definitely the man (in the case of the woman who can't do anything.)

  4. Anonymous users2024-02-05

    It is possible, depending on the situation and the actual situation at the time of the trial.

  5. Anonymous users2024-02-04

    If the woman wants a child, it will generally be awarded to the woman's lawyer.

  6. Anonymous users2024-02-03

    If the man is sick, the woman can get a divorce. _

    1. At present, China advocates freedom of marriage, and if the man suffers from illness, then the woman can file for divorce. However, the people's court will not necessarily grant a divorce. The only criterion for the People's Court to grant divorce to a husband and wife is that the relationship between the husband and wife has indeed broken down.

    2. If the man suffers from a serious illness before marriage, but fails to truthfully inform the woman before the marriage registration, then the woman may request the people's court to annul the marriage. The woman's request for annulment of marriage shall be filed within one year from the date on which she knew or should have known the reasons for the annulment.

    Legal basis: Article 1053 of the Civil Code provides that if one party suffers from a serious illness, the other party shall be truthfully informed before the marriage registration; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

    A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.

  7. Anonymous users2024-02-02

    Summary. It's just that there are two guardians in the implementation of guardianship, and there must be an actual guardian, and the actual guardian has the right to custody.

    The divorced child is awarded to the man, and the woman can forcibly take the child to the doctor if the child is sick.

    The divorced child is awarded to the man, and the woman can forcibly take the child to the doctor if the child is sick.

    Yes, no problem.

    This is a guardian's right.

    This right is recognized by law.

    The child is awarded to the man, the man belongs to custody, and the woman belongs to custody, right?

    Both men and women have equal guardianship at this time.

    If the child is a doctor, can the guardian ask for half of the child's medical expenses?

    It's just that there are two guardians in the implementation of guardianship, and there must be an actual guardian, and the actual guardian has the right to custody.

    This means that I forcibly take the child away for medical treatment, and I don't have to pay legal responsibility. That's right.

  8. Anonymous users2024-02-01

    It will be awarded to the party who is not missing. In a divorce, if one party is missing, then the other party is the direct guardian of the child, and of course the custody of the child does not belong to the missing party. According to the laws of our country, after the divorce of the parents, in principle, the children under the age of two shall be raised by the mother, and if the parents fail to negotiate the custody of the children after the parents have reached the age of two, the people's court shall make a judgment in accordance with the circumstances of both parties and in accordance with the principle of the best interests of the minor children, and the wishes of the children who have reached the age of eight shall be respected in the judgment.

    Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the parents. After the divorce, the children remain 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 a child has reached the age of 8, his or her true wishes shall be respected.

  9. Anonymous users2024-01-31

    Legal Analysis: Possibly. The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment.

    The court's decision on custody is generally based on the principle of being conducive to the growth of the child. In the event of a dispute between the parents concerning the presence of a minor child over the age of 10 with the father or mother, the views of the child shall be taken into account.

    Legal basis: "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts" Article 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.

    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.

    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.

Related questions
38 answers2024-04-22

The woman's parents object to you being together because they don't approve of you, and you don't meet the standards of a son-in-law in their hearts. >>>More

13 answers2024-04-22

The benefits of consistent fitness workouts.

1) First of all, it can effectively develop the muscles of the whole body and increase strength. >>>More

9 answers2024-04-22

If you really can't get by, then you can only divorce, if there is still salvation, it is best to separate, after all, the ancients have a saying, rather than tear down ten temples, not dismantle a pretending marriage If you really leave, the house and money belong to the joint property of the husband and wife, I think it should be half of one person >>>More

12 answers2024-04-22

It depends on your physical condition and what kind of tea you drink.