Criteria for determining that one party has other children after a divorce and the other party has n

To fight for custody in the event of divorce, the following conditions are required:1The materials that prove the economic ability of both husband and wife, such as salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., can provide a good living and learning environment for the children, which is very beneficial to the fight for child custody.

2.Materials proving the comprehensive quality of both husband and wife, the moral character, interpersonal relationship, education level, values and other characteristics of the caregiver will have a great impact on the character of the minor child, and provide some evidence to show their own quality as much as possible, such as academic degree certificates, various honors obtained, proof of participation in volunteer work and blood donation activities, etc. 3.

On the one hand, the materials proving the child's raising environment are, on the one hand, the living situation, such as one party's real estate with a good degree and a mature living community, which is more conducive to the child's life and schooling, and the chance of obtaining custody is greater; On the other hand, there is the situation of family members, the pace of urban life is fast, and in many cases, it is often the grandparents and maternal grandparents of the children who really take care of the children, especially for preschool children, and the healthy elderly are willing to take care of the children, which will be more beneficial to the fight for custody. 4.Children's opinions.

When dealing with custody issues, the court will carefully listen to the opinions of children over the age of 10, and it is particularly important to form an intimate relationship with the children in their daily life and win the wishes of the children. These are just some of the key factors in fighting for custody, and the specifics still need to be judged on a case-by-case basis. Divorce lawyers will find Guanling Law Firm.

Preference will be given to the childless parent, but depending on whether the caregiver can provide good conditions for support, and if he has bad habits (such as gambling, violence, etc.), he will not be sentenced to custody. Be sure to combine the actual situation of both parties. In cases where both parties are similar, priority is given to the childless parent.

This depends on the situation. After all, the law is dead, and man is alive.

However, it should be awarded to the parent who has no children. Sometimes it depends on the economy.

This is not necessarily, if it is adopted in accordance with the law, it is also regarded as one's own child.

The childless parent has priority.

Who should be awarded to a baby three months after the divorce if one parent has children and the other has no children.

After the parents divorce, the decision on which party the children live with is generally based on the principle of "conducive to the healthy growth of the children".

Paragraph 3 of Article 36 of the Marriage Law stipulates: "After divorce, the child who is breastfeeding shall be raised with the nursing mother in principle. 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 interests of the child and the specific circumstances of both parties.

In the case of divorce, the people's court shall, in accordance with the provisions of the Marriage Law and the Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the People's Court in the Trial of Divorce Cases, in accordance with the provisions of the Marriage Law and the Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by the Supreme People's Court, should proceed from the interests of the children's physical and mental health, protect the legitimate rights and interests of the children, and properly resolve the issue in light of the specific circumstances such as the ability and conditions of both parents to raise them.

The question of who will raise the child should be decided in two different cases, depending on the age of the child

Breastfeeding children are raised by their mothers。Article 1 stipulates that "children under the age of two shall generally live with their mothers". The mother may also live with the father if she has one of the following circumstances:

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.

Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.

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. If both the father and the mother request to live with them, preference may be given to one of the following circumstances:

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 changing the living environment is obviously not conducive to the healthy growth of the woman;

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.

5) 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 grandparent for many years, and the grandparent requires and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the father or mother.

If the child is alreadyMinors over the age of 10In the event of a dispute between the parents over whether the daughter is living with her father or mother, the child's opinion should be taken into account.

On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it may be permitted.

It will be awarded to one party based on the coordination of both parties (such as how much compensation one party is willing to give to the other party) and the ability to support the children (so that the children can live without worry, education, etc.).

It is awarded to the party who has the ability to support and actively fights for it.

It should be said that the standard for the child to be raised by the other party after the divorce is that the conditions of the party are more suitable for the growth of the child, if both children are to be raised by one party, it is agreed that the other party has no ability to raise or is not suitable for the growth of the child.

After the divorce! The two children went to that side.

One of the parties is incapable of supporting or is serving a prison sentence.

If a non-biological child is divorced and returned to the child's biological parents, it may also be raised by one party, and the custody rights may be negotiated by both parties, and the agreement shall be reached in accordance with the provisions of the agreement; If the negotiation fails, they may file a lawsuit with the Xuqiao People's Court and request a judgment from the people's court, and the people's court will make a judgment based on the principle of the best interests of the minor child and the specific circumstances of both parties.

[The law is based on a fierce difference].

Article 1071 of the Civil Code of the People's Republic of China.

Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Article 1058.

Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

Legal analysis: (1) Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

According to the law, children under the age of two generally live with their mothers. The mother may live with the father under any of the following circumstances:

First, the child is suffering 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 him, and second, he has the conditions to support him or her and does not fulfill his obligation to support him, and the father requires the child to live with him, and the third child is truly unable to live with the mother for other reasons.

2) 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. Those who have undergone sterilization or have lost their fertility due to other reasons, 2. The children have lived with them for a long time, and the change of living environment is obviously detrimental to the healthy growth of the children, 3. There are no other children, and the other party has other children4. The children live with them, which is beneficial to the growth of the children, and the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time, or has other circumstances that are not conducive to the physical and mental health of the children, and it is not suitable to live with the children.

3) The conditions for the father and 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 grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

Legal basis: "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" Article 7: The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents, and the actual local standard of living.

1. For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

2. If there is no fixed income, the amount of child support allowance can be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion.

3. If there are special circumstances, the above proportion can be appropriately increased or decreased.

First of all, it is okay for the husband to sue, but the court will not support the man's claim that he wants to remove the child's share and take possession of it alone.

The woman can defend from two aspects: 1. The property was purchased during the existence of the husband and wife, belongs to the joint property of the husband and wife, and should belong to the husband and the woman in common ownership, and the woman gave up the ownership at the time of divorce and gave the man and the daughter, but it should be regarded as the woman giving her share to the daughter. There is no legal basis for the husband's claim to remove the daughter's share on the grounds that the daughter is not biological.

2. The man and the woman have been divorced for more than three years, and according to the provisions of the Civil Code on the statute of limitations, the man's proposal for property redistribution has obviously passed the statute of limitations, and it no longer belongs to the legal protection of Fan Xiang. Therefore, the court was requested to dismiss the plaintiff's claim.

If part of the share of the property in the divorce agreement belongs to the daughter, it is an effective hidden good, if it is not valid, there must be DNA to make an identification to show that the daughter is not his own, so he has to rent a friend to sue again, and then re-adjudicate

If it is found that the child is not biological, the request to revoke the child's gift is basically not much controversial. However, for those who request the revocation of the property division clause in the divorce agreement and re-divide it on the basis that the child is not biological, it is much more complicated in specific cases

Reference: Although the divorce agreement is the true intention of the parties at that time, but.

concealed the fact that the daughter was not her biological daughter, resulting in.

In the division of property, a certain concession was made due to a material misunderstanding, and the agreement on the distribution of property in the divorce agreement signed by the parties was not.

The court supported the request to revoke the part of the agreement related to the distribution of property.

The court ruled that: 1. The agreement on the division of property in the divorce agreement between the two parties shall be revoked in accordance with the law;

2. Within 10 days after the judgment takes effect, return the 20,000 yuan in child support that has already been paid, and 20,000 yuan for spiritual comfort.

Invalid, including the discovery of a child who is not biological after the divorce, as the innocent party who raised the non-biological child without knowing it, may sue to confirm the non-paternity relationship and request the return of the alimony paid, the redistribution of property, and compensation for moral damages.

However, the innocent party's knowledge of the child's non-biological time is uncertain, and the statute of limitations has often expired when the innocent party knows about it, so it is obviously unfair for the innocent party to demand the one-year statutory period for exercising the right to redistribute property, and the period should be calculated from the time when the innocent party knew or should have known about the existence of a non-paternity relationship.

If this is the case, you will have to go through the court to re-adjudicate you, and at the same time, you will have to do a paternity test in Naiqiaodong, and if you and Changku's daughter are indeed non-biological, your property may be able to be recovered.

After your divorce, your daughter is not born to Li, and part of the share of the real estate in the pre-divorce agreement belongs to the daughter, and this agreement is invalid.

The girls are not from other people's homes, and they still want to occupy the house.

Ask a lawyer, there is a free one online.

Legal analysis: When a husband and wife divorce, they need to raise minor children together, and the parent who does not directly raise the children needs to pay maintenance fees. The principle is that the child is 2 years old and belongs to the lactation period and is directly raised by the woman.

If the child is over 10 years old, both parties will seek the child's advice on how to play the chain. If an agreement cannot be reached, a lawsuit can be filed in court.

Legal basis: Article 26 of the Civil Code of the People's Republic of China Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

The direct appeal court asked for a change in custody and also demanded child support.

First of all, get a divorce. Then the judge ruled on it.

It must be a father, how can such a person be worthy of being a mother

The landlord's plight is sympathetic, and if he wants to divorce and obtain custody of his two children, the landlord as the man usually has to collect the following evidence:

First, the woman has a malignant infectious disease or other serious illness. On the one hand, it is not possible to take care of the child wholeheartedly, and on the other hand, it will also have an impact on the healthy growth of the child.

Second, the woman does not return home for a long time and does not fulfill her obligation to support her. It shows that the mother's love given to the child by the woman is very limited, and she does not care about the child, which is not conducive to the child's growth.

Third, the man has been sterilized or has lost the ability to bear children.

Fourth, the man is older and has less chance of giving birth again, while the woman is in a better childbearing period.

Fifth, the woman has bad habits or other quality problems, which may affect the child's physical and mental health growth.

Sixth, if the woman has a low income, an unstable job, and no fixed residence, she cannot provide a good external living environment for the child.

Seventh, if you have been separated for a long time, and your children have been living with you during the separation period, and the kindergarten or primary school where your child is located is in your neighborhood, and the child has become accustomed to the living and learning environment there, changing the environment will be detrimental to the child's growth.

To sum up, the evidence in favor of the landlord lies in the second and seventh items. It would be best if the landlord could reach a divorce agreement with his wife. If an agreement cannot be reached, a divorce lawsuit is filed with the court, and the above evidence is collected to fight for custody of the children.