If the child is under the age of two, what to do if the child is supported by 40

Nanjing professional marriage lawyer Xu Naiyi will answer for you:

Children under the age of two should be breastfeeding children and generally live with the woman. At the same time, in special circumstances, it is also possible to live with the father.

1. The mother suffers from an infectious disease or other serious illness that cannot be cured for a long time, and the child is not suitable to live with her. In such cases, regardless of whether the mother or the father agrees or not, in order to protect the interests of the child, a judgment or confirmation shall be made that the child should be raised by the father.

2. 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. It is not that the mother is incapable of raising the child, but that the mother has not fulfilled her obligation to support the child and has not raised the child, and if the father requests that the child live with him, the father shall be sentenced or confirmed to be the child's support.

3. Where the mother's economic capacity and living environment are obviously unfavorable to raising the baby, the mother's poor character or illegal crimes are not conducive to raising the baby, and the baby has been fed by the father since birth, and the baby is truly unable to live with the mother, a judgment or confirmation shall be made that the child is raised by the father.

4. If the agreement between the parents does not adversely affect the growth of the child, it is also allowed to be raised by the father. During the period of breastfeeding, the infant lives with the father, and it is not enough for the parents to agree, but also to emphasize that there is no adverse effect on the healthy growth of the baby, and it must also be decided by the people's court or confirmed by agreement between the two parties. Such a provision is more conducive to the protection of the interests of breastfeeding infants.

The law generally considers the future of the child, you need to have financial strength, if you both have a job, it will be more for the mother, if the mother does not have a job, most of the money will be awarded to the father, it is best to discuss! It's best not to get divorced, if you get divorced, you have to remarry, and you have to start all over again, it's tiring to think about it!

Legal analysis: 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:

suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; 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; For other reasons, the child is truly unable to live with the mother; In addition, 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.

2. For children over the age of two years, both the father and the mother are required to live with them, and one of the following circumstances may be given priority: has undergone sterilization or lost fertility due to other reasons; The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; If there are no other children, and the other parent has other children; It is not appropriate for the other party to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

In addition, the conditions for the maintenance of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and is able to help the child take care of the grandchild, it may be considered as a priority condition for the child to accompany the parent.

3. In the event of a dispute between the parents over the age of 10 over the parents over the age of 10 over the parents following the father or the mother, the opinions of the child shall be taken into account.

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 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.