The divorce is not over, and he doesn t care about the children during this period, can I ask him

Hello, 1. Children under the age of two generally live with their mothers. In any of the following circumstances, the mother may live with the father: (1) Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (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.

2. Where both parents agree that a child under the age of two years will live with the father and that 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) has undergone sterilization or has lost fertility 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.

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. l

Of course you can, it's not what he says.

Legal Analysis: Divorce is not allowed, and no children are required. Unless the man is willing to take custody of the two children, it is usually one person who will raise one.

In divorce cases, the court will make different judgments on child support depending on the situation. If the parties can reach an agreement on the custody of the child, a judgment will be issued in accordance with the wishes of both parties. If the parties cannot reach an agreement on the maintenance of the child, the court will make a judgment according to the principle that one person will support one child.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China [Parent-Child Relationship after Divorce] The relationship between parents and children is not eliminated by the divorce of 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.

Legal analysis: Yes, China's Civil Code clearly stipulates that China's law protects citizens' right to freedom of marriage, so whether to agree to divorce is decided by the parties according to their personal wishes, and others have no right to interfere.

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 1041: Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Your child's legal interests are protected by law, but your actions are not protected by law. As for the child's household registration, it is possible to register the child. Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

1. How to prosecute an illegitimate child without evidence.

An illegitimate child cannot be prosecuted without evidence of paternity. It is advisable to do a paternity test first, otherwise the court will not file the case. Sincerely.

Children born out of wedlock shall have the same rights as children born in wedlock, and no one shall harm or discriminate against them.

The biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently.

2. How to calculate child support for children born out of wedlock.

How to calculate child support for children born out of wedlock depends on the specific situation:

1. The calculation standard for child support for children born out of wedlock is that they have a fixed income, and they will be paid at the rate of 20% to 30% of the total monthly income;

2. If there is no fixed income, the amount of maintenance may be determined based on the total income of the current year or the average income of the same industry;

3. The amount of child support shall be determined through negotiation between the two parties in the interest of the child to the greatest extent, and the party with better economic conditions may voluntarily bear more expenses.

1. The principle of distribution of custody is as follows:

1. The principle that children under the age of two years should be directly supported by the mother;

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

3. In the event of a dispute between the parents over the age of eight over that a minor child over the age of eight should live with the father or mother, the child's opinion shall be taken into account.

3. Does the man have to pay child support for extramarital affairs?

Children born out of wedlock enjoy the same rights as children born out of wedlock, and no one may harm or discriminate against children born out of wedlock. The biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently. If one of the parties refuses to pay child support, a lawsuit may be filed with the court.

The amount and duration of the maintenance to be borne by the husband and wife shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Divorce in itself is not the greatest harm to the children.

For all divorced parents, there is one fact to be recognized, and that is.

Divorce in itself is not the greatest harm to the children.

In the eyes of children, parents are not happy, they will not be happy, parents pretend to be happy, they should also pretend to be happy, parents think that children are happy, children also think that they can only be happy, so that parents will be happy.

Divorce is a bad thing if they lose one of their parents because of their divorce and let them endure endless quarrels between their parents over divorce.

If parents can rationally separate and find happiness in each other, children will also be happy that their parents are happy.

Then divorce is not as terrible as imagined for children.

If divorce has a negative impact on the mental health of children, the key factor that causes adverse effects cannot only be seen in the divorce itself, but also the negative impact of long-term marital conflicts on children by parents is often greater than the divorce itself.

Problems with children after a divorce, in fact, long before the divorce of the parents.

Divorce or not is not the point, the key factors behind it are:

The happiness of the child is the harmony of the parents.

Children are the crystallization of love and a gift to the whole family, please do not think of children as the redeemer of your marriage.

His childhood should not have been spent in endless quarrels and counts, and every night should not have slept in endless sorrow and tears.

Spare the kids!

When there are problems in the marriage, instead of avoiding it by "not divorcing for the sake of the children", it is better to review why the marriage has problems and solve the problems with adult thinking.

Please don't leave the responsibility of not getting a divorce to your children.

Children are just your children and are not responsible for your marriage.

In this way, your happiness may appear at this corner of life.

Don't say such things, bind the children together, if you want to divorce, then leave quickly, it has nothing to do with the children, don't use the children as an excuse.