The woman has just given birth to a child and files for divorce, who will the child leave to?

Now that you're together, can you try not to get divorced? At least for the sake of the newborn child! If the child is indeed leaving, the court will definitely award the child to the man, because the child needs to be breastfed for a period of time after birth, which can only be done by the woman, and the woman must be very weak after giving birth to the child, and the man is obliged to take care of the woman for a period of time.

The woman doesn't have to worry, the court won't do anything foolish.

Whoever wants it is awarded to whomever it wants, and it is necessary to have the financial support capacity. However, if the child is young, it is usually awarded to the mother.

If you are breastfeeding, it is generally awarded to the woman.

Legal Analysis: Yes. 1. After the woman gives birth to a child and hailstones, if she wants to divorce, the woman can sue for divorce at any time.

2. After the woman gives birth to a child, if the man wants to divorce, he needs to wait until the child reaches the age of one before he can sue for divorce. 3. Of course, if the child born to the woman is not the husband's child, or if the woman has seriously violated the Marriage Law after giving birth, and the court believes that the man's lawsuit should be accepted, the man may sue for divorce.

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.

The woman has just given birth to a child and divorced, and the child will belong to the woman. The following issues need to be noted:

1. Although in actual life, the lactation period of infants varies from person to person, children under the age of two generally live with their mothers;

2. In judicial practice, a child who is breastfeeding is usually understood as an infant under the age of two years;

3. When the parents divorce, the breastfeeding children generally regret living with the mother, but the mother can live with the father under any of the following circumstances, and the mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the child should not live with it. 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.

Civil Code of the People's Republic of China

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.

2. After the woman gives birth to a child, if the man wants to divorce, he needs to wait until the child is one year old before he can sue for divorce.

Legal basis: Article 1082 of the Civil Code of the People's Republic of China The husband shall not file for divorce during pregnancy, within one year after the delivery of the pregnancy, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

If the negotiation fails, the people's court may make a judgment based on the following factors: 1. According to Article 1 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts, if the child is under the age of two, the custody of the child will generally be awarded to the woman unless the woman is particularly unsuitable for raising the child. 2. Between the ages of two and eight years, the child needs to consider the conditions of both parties, and the comprehensive conditions are which party the child has been living with, forming a stable living environment, which party's economic conditions are better, and which parent can help take care of the child.

3. If the child is over eight years old, the judge may ask the child's opinion during the litigation, and generally the child is willing to live with which party, and the child is more likely to be awarded to this party.

Article 46 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: Where both parents request direct support of a minor child who has reached the age of two, and one of the parties has any of the following circumstances, priority may be given to them: (1) Those who have undergone sterilization or have lost their childbearing capacity due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) The child lives with him/her and 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 appropriate to live with the child.