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It's hard to say. The court will consider the child's degree of dependence, as well as the child's future growth environment and learning environment. Of course, family conditions are also an important weight, after all, it can give children a better learning environment.
It is estimated that the male side has a better chance. Because the parents in the woman's family are not able to take care of the child, and the woman still has to work, these are all conditions that are not good for the child.
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1. The child is likely to be raised by the woman and the man will pay the child support. Rationale:
1) The judicial interpretation of the Supreme People's Court stipulates that a child within two weeks shall be raised by the mother and the husband shall pay child support. In judicial practice, children under five weeks of age will generally be considered to be raised by their mothers.
2) The child's long-term living with you and your family, and having a good relationship with you and your family, is also an important factor that the court will consider.
3) You have a job and a regular income, which is a very favorable condition.
4) The living conditions of your parents and the living conditions of the man's parents are not the key considerations of the court when determining custody, but mainly depend on the income of you and him, because both parents have no obligation to support the child, but you and him.
2. Suggestion: If you can't reconcile, it's better to divorce as soon as possible, an indifferent family environment that is not harmonious will not bring happiness to the children, but only harm. Find your own happiness in time after a divorce.
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In such cases, it is difficult to argue that evidence of the woman's limited financial means and the disability of the woman's parents affects the quality of life is provided to the court.
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1. How to judge custody of a divorced two-year-old child.
1. When a husband and wife divorce, the custody of a two-year-old child is generally vested in the mother. After the divorce, the children of the husband and wife under the age of two years shall be raised directly by the mother. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of custody, the people's court is to make a judgment based on the specific circumstances of the closed party and in accordance with the principle of the best interests of the minor child.
2. Legal basis: Article 1084 of the Civil Code of the People's Republic of China.
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 the divorce, if the 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.
2. What are the procedures required for the change of child custody rights?
1. The change of custody rights shall be determined by both parents through negotiation;
2. If the negotiation fails, one party may file a lawsuit with the court to request a change in custody;
3. When the court hears the case, the living conditions and support ability of both parents shall be considered;
4. Make a mediation letter or judgment on the ownership of custody.
Of course it is not suitable, according to the current marriage law in our country, alimony is about 20% of the total income of the non-direct dependent party, which can be negotiated, and this total income must be evidenced, referring to the part where you can get the income certificate (usually a bank statement), and then multiply it by 20% according to the number on your income certificate, of course, the other party can object to the evidence you take out, and ask for evidence for investigation, if the negotiation is fruitless, the other party can apply to the court for investigation, If the two parties cannot reach an agreement on the issue of child support, the woman can not pay child support for the time being, and wait until the man files a lawsuit with the court, and then pay the man child support according to the content of the judgment after the judgment is out. >>>More
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