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In divorce cases, the party at fault shall appropriately divide the property. When it comes to child custody, the court will decide on which party is beneficial to the child's development. The other parent is responsible for child support.
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1. When the court awards the child to the woman's custody.
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 agree to live with their mothers.
2. When the court awards the child to the husband's custody.
First, the woman has a malignant infectious disease or other serious illness that affects the child's growth.
Second, the woman does not return home for a long time and does not fulfill her obligation to support her.
Third, the man has been sterilized or has lost the ability to have children.
Fourth, the man is older and has less chance of having another child, while the woman is in a better childbearing period.
Fifth, the woman has bad habits or other quality problems that may affect the child.
Sixth, the woman has a low income, an unstable job, and no fixed residence.
To sum up, the woman has the ability to give the child a better growth and living environment, and the same conditions as the man will be awarded to the woman.
And I agree with the words of the previous middle school to comfort you: even if you are divorced, you should let your husband watch your daughter. Be more tolerant, a lot of the content is better negotiated by both parties, and let the court judge, after all, it hurts the only remaining feelings and harmony.
When you look at the child in the future, both sides still have hatred, and if you quarrel and you are discouraged, it will hurt the child greatly.
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In addition to the issue of children, how will the court decide on the property issue? If the house or something is not written in the wife's name, should the wife of the injured party leave the house?
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Who filed for divorce, is it your mother? Then there is no such thing as "consent to divorce".
Domestic violence is an important criterion for granting a divorce. Therefore, on the premise of being able to produce conclusive evidence, whether your father agrees to the divorce is not a key factor in the court's decision on whether to grant the divorce. Here's a word of caution:
Fights in general are not considered domestic violence. Domestic violence must be supported by evidence such as hospital visits, police records, etc.
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How to judge the children of the parents who divorce depends on the following aspects.
1. Breastfeeding children.
Children under the age of two generally live with their mothers, but if the mother has any of the following circumstances, she may live with her father:
1) The mother suffers from a long-term infectious disease or other serious illness, and the child should not live with her.
2) The mother has the conditions to support the child and does not fulfill the obligation to support her, and the father requires the child to live with her.
3) The child is unable to live with the mother due to other reasons. If the mother's living environment is clearly unfavorable to the child's upbringing; The nature of the mother's work is special, and it is not convenient for her to raise her children; or the mother violates the law and commits crimes, which is not conducive to raising children, etc.
4) Both parents agree that a child under the age of two will live with the father, and there is no adverse impact on the healthy growth of the child.
2. Children after breastfeeding.
That is, minor children over the age of two. If the negotiation between the parents fails, the people's court shall make a judgment based on various factors such as the rights and interests of the children, the ability of both parties to raise them, and the conditions for raising them.
3. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 lives with the father or mother, the child's opinion shall be taken into account.
In addition, on the premise that it is conducive to protecting the interests of the child, if both parents agree to take turns raising the child, it may be permitted.
Legal basis: Marriage Law of the People's Republic of China
Article 36.
Divorce and children] The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.
After divorce, the child who is breastfeeding shall be raised with the nursing mother. 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.
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There are still problems with divorce, which is nothing more than property children, what else, and the problem of parents' pension.
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There are so many questions about divorce, which one do you ask.
Can you ask why you want to get a divorce?
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