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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.
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) There are no other children, and the other party has other children;
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 child, where both parents agree to take turns raising the child, it may be permitted.
Where both parents agree to change the child support relationship, it shall be permitted.
If the parties cannot reach an agreement on the issue of child support, the court shall make a proper ruling in accordance with the principle of conducive to the healthy growth of the children, taking into account the specific circumstances of both parents, such as their ability to raise children and their conditions. However, attention should be paid to the following issues: For children over the age of two years, both the father and the mother are required 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.
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 child, the agreement of both parents to take turns raising the child shall 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.
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In divorce, the child custody judgment is to see who will raise the child more conducive to the growth of the child, rather than the reason for the divorce to determine the ownership of child custody.
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If you want to have a child, you must first have the ability to raise a child, that is, you have a certain economic foundation, and the rest is best to ask a lawyer, so that you can rest assured, I hope to help you and wish you happiness.
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Legal Analysis: The judgment of the divorced child depends on the circumstances: 1. It is awarded to the woman.
Children under the age of two years are generally awarded to the woman. 2. Award to the man or the woman. For children over the age of two, both the father and the mother request to live with them, and for minor children over the age of eight who want to live with one of the parents, they may be considered as priority conditions for the children to live with their parents.
3. On the premise that it is conducive to protecting the interests of the children, both parents may also agree to take turns raising the children.
Legal basis: 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.
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I think of course it's better to be a woman. Especially for girls, mothers are more suitable. If the conditions are unfavorable to the child, then it will not be awarded to the woman.
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Rationally speaking, if both parties love children the same, it is best to follow the man. Follow the father and grandson are all relatives, and follow the mother to remarry, except for the mother and relatives, they are all outsiders.
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Because divorce is a matter that varies from person to person and depends on the situation.
If the child loves his mother and father, is reluctant to leave either party, and wants them to live well together, then this marriage should indeed be saved for the sake of the child.
The premise is that both husband and wife are normal, not crazy, and do not have domestic violence or excesses.
In a normal state of mind, it is not impossible to repair feelings and cultivate feelings.
Pay attention to the way, change the mentality, each retreat, tolerance, patience and sincerity, and a family can continue to survive intact.
It is also beneficial for the child, because he does not have to be forced to choose only to follow his father or mother.
Although it is said that it is possible to see the children after the divorce, the party who does not raise the children will definitely rarely see each other.
If the child misses it very much, it is indeed a little sad and cruel.
If the child is still young and does not have this problem, there is no such problem.
Of course, if there is no way to repair the relationship between husband and wife, and they are always fighting and arguing together, then don't use children as an excuse not to divorce.
It is even more unfortunate for children to live in an environment where their parents are quarrelsome.
If you can be calm and tranquil with one of them, it is a better choice.
Otherwise, it seems to maintain a complete home, but it is actually a broken home.
It is the kind of "thinking that home is used to shelter from the wind and rain, but it gives the wind and rain".
There are also some people who do not divorce, always saying that it is to give their children a complete home, which may be making excuses for themselves.
For example, I don't want to leave, and I feel that there is still profit in this marriage.
Or if one party wants to leave, the other party is still reluctant and unwilling to admit it, so they use the child as a shield.
There are also some mothers who say that they will not divorce for the sake of their children, most of them because they cannot take their children after the divorce.
For example, if you don't have a house, you don't have a job or income after a divorce, and you have to take care of your children, so you can't survive with your children.
If you leave the child to a man, you are reluctant to do it, and you are afraid that the man will not take care of it.
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Hello, how old is the child? When deciding custody, the court usually takes into account the age of the child and the living environment in which he or she was raised, and will respect the child's wishes when they are over the age of eight.
Children under the age of two years are raised directly by their mothers.
For children between the ages of two and eight, the people's court shall consider the specific circumstances of both parties and make a judgment in accordance with the principle of the best interests of the minor children. Generally, factors such as the economic conditions, educational background, and living environment of both parties will be considered.
For children who have reached the age of eight, the court will ask who the child would like to live with, respecting the child's true wishes.
Who the child may be sentenced to needs to be judged based on the specific situation of the child and you, as well as relevant evidence materials. Home & Home Law Firm advises that if you wish to obtain child custody, you will generally need to submit relevant evidence to the court to prove that you have the ability to support you, especially the level of income. In particular, the income referred to in the income certificate includes salary, bonus, rent income, ** income, dividend income, etc.
Proof of income should generally be stamped with the official seal or the seal of the personnel department, and the salary slip should generally be stamped with the seal of the financial department.
Legal basis] Article 1084 of the Civil Code: The relationship between parents and children shall not be 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 55 of the Interpretation (I) of the Marriage and Family Section of the Civil Code: After divorce, if one of the parents requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.
Article 56 of the Interpretation (I) of the Marriage and Family Section of the Civil Code: In any of the following circumstances, if one of the parents requests to change the child support relationship, the people's court shall support it:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;
3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;
4) There are other legitimate reasons for the change.
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