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Since you are divorced and still living together, isn't it illegal cohabitation? Besides, if you live together, is there a difference between giving custody to your husband and giving it to you? We're all together! Are you spoiling yourself?
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How old is the child? There are also many factors to consider, such as income status, who is more beneficial for the child to live with, and whether the child is suitable for changing the living environment......I have found some relevant conditions for you: For children over the age of two who are minors, both the father and the mother are required 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 him/her, but if the child has lived alone with the grandparents or maternal grandparents for many years, and the grandparents require 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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Then you can choose to leave.
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Divorced children can be written out and live with joint custody. On the issue of child support, the court judgment is based on the perspective of whether it is conducive to the growth of the child, and after carefully confirming the situation of both parties, the judgment will not necessarily be awarded to one person and one child, and if evidence can be adduced to prove that it is more advantageous for the two children to follow the mother or father, the court will rule that the party who is more conducive to the growth of the child to raise the child. If it is not breastfeeding, it is necessary to see which one is more suitable for the child's growth and ask for the child's own opinion.
In this case, the child should not be consulted until he or she reaches the age of 8.
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China (1).
Article 48: Where on the premise that it is conducive to protecting the interests of the children, the people's courts shall support the agreement between the parents and the parents to take turns to directly raise the children.
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If the husband insists on divorce, in this case, he must fight for his own rights and interests, and the other party sues for divorce, and he cannot file for divorce if he has not been separated for more than three years. And the theme of such a problem, the custody of the child must be borne by the man part, it can be fought for, since he is ruthless, maybe the husband already has a woman, will be so ruthless about the child, don't want this situation, you must fight for your own rights and interests, the property between the husband and wife is common property, it can be fought for. For women, the best thing to do is to keep improving themselves, making themselves better, and no longer relying on her.
In this way, he will not be disliked, and may even bring him back.
1. Enhance self-social value.
If you want to save his heart, you must first understand your own problems, examine the gap between you and him, and whether you have a big distance from him in terms of ideology, knowledge, values, and economic consumption concepts. If you want to save your marriage, first improve yourself and increase your attractiveness.
Imagine that you need to open your hand to take money from the other party when you buy a piece of clothing, and you will become very passive in terms of family status, which will make the other party feel that you are supporting you in the family, even if you want to divorce, you have no way to embarrass him and reverse the situation, so don't be satisfied with the status quo and return to wisdom, you must have your own economic ability to keep the couple's economic contribution at the same level.
Second, accept the reality and control your emotions.
When your husband files for divorce, you will have an emotional breakdown, and you don't know how to face the sudden blow, no matter what, the first thing is to calm down your emotions, don't think that your husband divorces you and feels like the world has been abandoned, and even run over to your husband and beat him, scolding him with rough language.
This will only make him further and further determined to divorce, and this kind of behavior will only make him more uncomfortable, like a crazy woman without reason, which will not only not solve the problem, but will make him more ugly. It is better to separate rationally to calm yourself down, think clearly about the cause of the problem, and find out the root cause of your husband's divorce. When your husband files for divorce, you must learn to face the problem, control your emotions, avoid the irreparable situation due to emotional out-of-control, improve your own value, and stop relying on your husband to live.
As a woman, you must be strong and independent, and have no self-confidence.
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Custody should be sought.
According to Article 21 of the Opinions on the General Principles of the Civil Law:
After a divorce, the spouse living with the child does not have the right to revoke the custody of the child. However, where the party who does not live with the child has criminal or abusive conduct against the child, or is clearly unfavorable to the child, the people's court finds that it may be revoked.
The law does not have a clear definition of custody, as for which subjects are eligible to be raised, the priority between the custody holders, the scope of custody holders, the conditions for support, etc., China's laws do not clearly stipulate, only the "Marriage Law" stipulates that "it is conducive to the physical and mental health of the children and protects the legitimate rights and interests of the children." "Such a general basic principle.
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Before the divorce, it is necessary to do a good job of the child's ideological work in advance, after the divorce, the child is very easy to get hurt, it is best for adults to discuss it and ask the child what he means.
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custody and guarantee the woman's visitation rights. It is advisable to entrust a lawyer with a draft.
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With custody, there is naturally guardianship. Custody, of course.
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Write that custody of the child belongs to the man.
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Custody Guardianship is established at the same time.
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Guardianship! Thank you for adopting.
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How? How old are your children, do you have a regular life**, and do you have a fixed place to live after the divorce.
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Provide evidence that it is more conducive to your child's growth if your child lives with you, such as your income is higher than that of the other party, you usually take care of the child, the child is under 2 years old, or the child is already over 10 years old and the child is willing to live with you, and the other party has bad habits, which is not conducive to the child's growth, etc.
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Try to collect as much evidence as possible to prove that you have an advantage over the other party, such as the comparison of salary and income of both parties, living habits, and how much you care about your children.
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If the child is under 2 years old, the general custody belongs to the woman, and when the child is 2 years old, it depends on whose conditions are better
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If you are divorced by mutual agreement or by litigation, you can agree with your husband in the divorce agreement, if the divorce is by litigation, the court will generally consider the factors that are more conducive to the growth of the child, you can reflect as much as possible that you have advantages over your husband in this regard, including income, time commitment, degree of consideration, etc. If your husband's income is higher than yours, you have to do other details in more detail, so that the court will be moved by your mother's love and think that your raising is more conducive to the growth of your children!
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If the child is over two years old, you can provide evidence that it is better for the child to be raised by you.
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In the event of a divorce, the children can be raised jointly by both spouses. According to the latest provisions of the Civil Code of the People's Republic of China, it can be known that husband and wife equally enjoy the right to educate and protect their children, and at the same time should equally bear the obligation to raise their children. Moreover, the relationship between parents and children is not destroyed by the termination of the marital relationship.
After the divorce, whether the children are directly raised by the man or the woman, they are still the children of both parents, and the parents still need to bear the obligation to support them after the divorce. Therefore, in judicial practice, the court usually allows both men and women to jointly raise or take turns to take care of the children. However, if the child is under the age of two, the principle is that the child shall be raised directly by the mother.
If the child has reached the age of two and the parents have not reached an agreement on the issue of child support, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties. If the child has reached the age of eight, the true will of the child shall be respected.
Civil Code of the People's Republic of China
Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.
Article 1084:The relationship between parents and children is not 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.
Article 1085:After a 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 1086:After a divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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Yes, this should be the so-called divorce without leaving home, in order for the child to have a complete father's and mother's love, both parties can be raised together, not to say living together, and let the child have a choice, that is, today at the mother's place, tomorrow at the father's place, and at the same time the parents and their spouses are very happy and do not exclude.
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Of course, divorced children can be raised together with their husbands, because this is a common child between the two of you, regardless of whether you divorce or not, you should bear the obligation of co-parenting. This is your responsibility as parents.
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The divorced child is originally the two of you, even if it is divorced, and then both of you have it. Joint custody. Even if it is awarded to the other party, you should pay the maintenance expenses every month.
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Under normal circumstances after the divorce, the child can only have one guardian, and the other person mainly has to pay a certain amount of maintenance on a regular basis, so it is nominally co-parenting, but in fact, there is only one person who really accompanies him.
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The child is originally the crystallization of the love of the husband and wife, although they are divorced, the child is innocent, and both people should bear the responsibility of raising the child.
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After the divorce, the child can be co-raised with the wolf, as long as both parties are co-raised, as long as both people are willing to co-raise the child.
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After the divorce, of course, the children can be jointly supported with your husband, depending on the specific court? Judge. No matter who it is awarded to? Both parties have this obligation. Need to come to this child.
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In the event of a divorce between the spouses, the child is of course jointly raised by both parents of the child, as this is their responsibility and obligation.
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Legal analysis: After divorce, children can be raised together. According to article 6 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts", it may be allowed if both parents agree to take turns raising their children if the premise is conducive to protecting the interests of the children.
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 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.
1. How to resolve child custody disputes.
1. The client must strengthen the risk prevention of divorce and divorce agreement when divorcing, and at the time of divorce, he must hire a professional lawyer to help him formulate a reasonable solution, not impulsive and blind, and he must not give up asking the other party to bear the cost of child support regardless of the future growth of the children. Regardless of whether the parties divorce by mutual agreement or court proceedings, they are responsible for the maintenance of their children. The end of the marriage relationship does not mean the end of the parents' obligation to support the children, and both parties should still have the obligation to provide the necessary material conditions and spiritual care for the healthy growth of the children after the divorce. >>>More
In the case of divorce, the child shall be raised by the breastfeeding mother in principle, and the father shall pay the child maintenance on a monthly basis according to the court judgment or the amount agreed by both parties. Children under the age of 2 usually live with their mothers. The mother may also live with the father if she has one of the following circumstances: >>>More
The child is so young, it is generally awarded to the mother. >>>More
First of all: since the lawsuit has been filed, it is recommended that the parties actively respond to the lawsuit, and do not refuse to sue just because they have become defendants. >>>More
I don't regret it, I'm on the verge of divorce now, maybe I won't have a suitable partner to remarry if I have a child, but the child is reluctant, I have a house, a salary, and I don't think it's difficult for the man to pay child support, even if the man regrets not giving child support in the future, I can still rely on myself, he has always said that mom as long as you don't want me, I agree with the rest, how can I bear to let go.