The child is 28 months old, he is a boy, he wants to divorce, he wants to get a child, what should h

Updated on society 2024-05-02
4 answers
  1. Anonymous users2024-02-08

    If the two parties cannot reach an agreement on the custody of the child, they can directly sue for the custody of the child.

    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.

  2. Anonymous users2024-02-07

    I think the child is still young, if both parties still have leeway, try not to divorce, the child is a bit pitiful in the divorce.

  3. Anonymous users2024-02-06

    Legal aid, why.

  4. Anonymous users2024-02-05

    There are two ways to divorce, divorce by court and divorce by agreement at the marriage registration office of the civil affairs department. According to Chapter IV of the "Marriage Law of the People's Republic of China" Divorce Article 31 Where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

    A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court. 1. The procedures for divorce by agreement of the civil affairs departments are convenient.

    The process of drafting a divorce agreement should be very cautious, never hasty, and it is best to ask a lawyer to check it if necessary. According to Chapter 3 of the Marriage Registration Regulations, Article 10 of Divorce Registration If a Mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Article 11 Mainland residents who have gone through divorce registration shall present the following documents and supporting materials:

    1) The person's household registration booklet and ID card; (2) The person's marriage certificate; (3) A divorce agreement signed by both parties. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition. If both parties agree to the divorce and can reach an agreement on child support and property division, it is very convenient to go to the civil affairs department to handle the divorce by mutual agreement after the revision of the Marriage Registration Regulations came into effect on October 1, 2003.

    2. Court Litigation Divorce: Convenient and cumbersome. According to Chapter IV of the Marriage Law of the People's Republic of China Divorce Article 32 Where a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

    If one of the spouses insists on not leaving or agrees to the divorce but cannot reach an agreement on the maintenance of the children or the division of property, the only way to divorce is through court proceedings.

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