Regarding the custody of the child, please enter the person who understands Thank you

Article 36: 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. Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. Article 38: After 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 right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored. Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Child custody belongs to you because it is a step-mother-child relationship.

Summary. According to the laws of our country, the two parties may first conduct consultations, and if the consensus is not reached, a lawsuit shall be filed in the people's court. If a child under the age of two is raised directly by the mother, or has been sterilized and has lost the ability to bear children, he has no other children, and the other parent has other children.

Children who have lived with themselves for a long time, and changing their living environment is not conducive to their growth, etc., can be used as an advantage to fight for custody.

According to the laws of our country, the two parties may first negotiate, and if the negotiation disagreement, a lawsuit shall be filed with the people's court. If a child under the age of two is raised directly by the mother, or has undergone sterilization and has lost the ability to bear children, he has no other children, and the other parent has other children. Children who have lived with themselves for a long time, and changing their living environment is not conducive to their growth, etc., can be used as an advantage to fight for custody.

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 of the parents do not reach 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.

Where children have reached the age of 8, their true wishes shall be respected. Article 44 of the "Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family" Where a divorce case involves the support of minor children, children under the age of two shall be handled in accordance with the principles provided for in paragraph 3 of Article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1) Suffering from a long-lasting infectious disease or other serious illness, and the child is not suitable to live with them; (2) Where there are conditions for raising children, the obligation to support them is not fulfilled, and the father requests that the children live with them; (3) For other reasons, it is truly unsuitable for the child to live with the mother. Article 45:Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

Is there a dispute with your family?

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 are willing 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.

3. The opinion of the child's grandparents.

In general, parents are the direct guardians of the child, and the opinions of the grandparents and maternal grandparents have no direct impact on the ownership of the child's custody. However, if both parents are busy with work and other conditions are equal, the advice of the grandparents or grandparents who care for the child can be useful.

The child is already one year old, and the man can fight for custody.

It seems to be quite difficult. I'm too young, and I usually follow my mother.

It is advisable to consult a lawyer.

How tall and heavy is a half-month-old baby?

It is better for the man to raise the child.

No, the child under the age of 2 will be awarded to the woman. The reason you are saying is not a statutory one.

Breastfeeding children are generally owned by the woman.

In this case, I recommend going to the hospital for a check-up.

Custody of children after divorce.

After the divorce of the husband and wife, who will have custody of the minor children? According to the Marriage Law and its relevant judicial interpretations and long-term judicial practice, its basic principle is "conducive to the healthy growth of children".

First, it is a principle that breastfeeding children are raised by their mothers.

Second, there is the question of who will raise the child after breastfeeding. First of all, it should be determined by both parents through consultation, and if the negotiation fails, the people's court shall make a judgment based on the circumstances of both parties.

Child custody judgment after divorce.

1. 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.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request 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 the child, but if the child has lived alone with the grandparents for many years, and the grandparents request 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.

Nanjing professional divorce lawyer Xu Naiyi will answer for you:

For children over the age of two, both the father and the mother request to live with them, and priority may be given in any of the following circumstances:

1. Those who have undergone sterilization or have lost their fertility due to other reasons;

2. The child usually lives with him or her for a long time, and changing the living environment is obviously detrimental to his or her healthy growth;

3. The parent who has no other children;

4. The child lives with him/her, which is conducive to the healthy growth of the child, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has circumstances that are not conducive to the healthy growth of the child, and is not suitable to live with the child;

5. The conditions of the father and mother are the same, and depending on the child's living situation with the grandparents or maternal grandparents, the grandparents have the conditions to raise grandchildren or grandchildren, and may be given priority to living with the father or mother.

It should be considered comprehensively and on the premise that it is conducive to the healthy growth of children.