Our child is 8 months old, we are emotionally discordant, how to divorce and who will the child be s

The child will be awarded to you, and he will have to pay for child support, and at the same time, the property will be divided equally after your marriage, and it is possible to take care of you if you have no job, and will give you more, but the house was bought by him before marriage, and it belongs to his personal property, so this cannot be divided

The court will sentence from the perspective of benefiting the child, and it should be awarded to him.

But if you divorce, he is grossly at fault, and you can provide a certain amount of financial **, there is still hope. If your child is still breastfeeding, you are doing your child a good interest. The key depends on whether your husband agrees to give you the child.

It is very sad for a mother who has lost a child, marriage is a fragile vase, easy to break, but difficult to glue! Try not to get divorced, if you are wrong, dare to admit it, if he is wrong, try to be as tolerant as possible, divorce is definitely the next policy!

After reading your supplementary explanation, I basically understand the reason for your divorce, in this case, you first ask your husband what he thinks, see if he agrees to the divorce, if he agrees, it is best to agree to divorce, go to the civil affairs, don't go to the court. If he doesn't agree and you insist on leaving, you'll have to go to court. Regarding the issue of children, I think you must be reluctant, you are a very responsible mother, but you can also directly test your husband, according to your description, he does not necessarily have to fight with you for children, and his mother does not necessarily support him to want, so selfish and irresponsible men should not have children.

From a practical point of view, it is not easy for a woman to carry such a small child, and it will not be easy to find someone else in the future. However, if you can meet someone who really loves you and is truly responsible, they will also accept your children, and you recognize that you have to take care of your children if you are suffering and tired, which may increase your bargaining chips for remarriage.

If you are divorced, the child is really yours, the child support must be asked on time, the child's expenses are not a small amount, you have no job, you have to take care of the child, there will not be much income in a year or two, so his child support is very important.

If it's my man, I'll leave, life is short, time is like an arrow, living with a family like that kind of man is a waste of youth and a waste of life, my husband treats me as a treasure, and I only scold him for the quarrel, his parents are very good to me, although he has no money, but I feel very satisfied.

According to your narrative and court practice, it is common for children to be awarded to the woman when they are younger, or when the father is not fulfilling his responsibilities; If the woman insists on not having children, it will generally be awarded to the man.

1. Collect evidence of his personality problems, non-payment of responsibility, and various immoral behaviors of his family, such as audio and video recordings, witnesses. Be careful not to get caught!!

3 Find a way to be financially independent as soon as possible.

4 Save money to find a good lawyer and get a divorce as soon as possible.

4 If you love children, don't leave them to such fathers and grandmothers.

5. Educate children correctly, give them appropriate care, and don't let children leave psychological shadows and psychological problems in such an environment during their growth.

Generally, under the age of three, the child will be awarded to the mother after the divorce.

The judgment of the divorced child depends on the circumstances:

1. 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: Article 1084 of the Civil Code: The relationship between parents and children shall not be extinguished by the divorce of the father-type Kaizhi mother.

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. After the divorce, children under the age of two weeks are directly raised 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.

If the husband and wife divorce, the court will rule on the custody of the child from the perspective of benefiting the physical and mental health of the child, for example, for a child under the age of two, the court will generally award to the woman; Between the ages of two and eight years, the court will make a judgment based on the financial situation of both men and women; If the conditions are not much different between men and women over the age of eight, the court may be inclined to hear the child's opinion.

Legal basis: Article 1 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Courts" provides that children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, they may live with their fathers: (1) they suffer from infectious diseases or other serious diseases that have not been cured for a long time, and the children should not live with them; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

Article 2 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

Article 3 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that for children over the age of two years, both the father and the mother request to live with them, and one of the parties may be given priority in any of the following circumstances: (1) the child has undergone sterilization or has lost the ability to have children 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 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.

Article 4 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that the conditions for the father and mother to raise their children are basically the same, and both parties require the children to live with them, but if the children have lived alone with their grandparents for many years, and the grandparents request and have the ability to help the children take care of their grandchildren, they may be considered as a priority condition for the children to live with their parents.

Article 5 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that in the event of a dispute between parents over the age of 10 over a minor child living with his or her father or mother, the child's opinion shall be taken into account.

Article 6 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that it may be permissible for both parents to agree to take turns raising their children on the premise that it is conducive to protecting the interests of the children.

Legal Analysis: The courts all decide who the children should be raised from the perspective of what is most conducive to the healthy growth of the minor children. Children under the age of two years are raised directly by their mothers. Where children have reached the age of 8, their true wishes shall be respected.

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 the divorce, the children are directly raised by the father or mother, and Cha Yuhan is still the child of both parents. 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.