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It seems that you are not divorced by agreement? That is the lawsuit, and the judge should take into account the child's opinion and the perspective that is conducive to the child's physical and mental health development. Of course, the other parent is obligated to pay alimony and visitation rights.
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In response to your question, our lawyer makes the following (the following is only an objective analysis from a legal point of view).
1) You can choose to have children or not to have children, but after you have children, you can ask the other party to pay child support;
2) The court will not force you to be alone, if neither party wants to raise the child, the court will make a judgment in accordance with the law, and decide who will ultimately raise the two parties according to the principle of favoring the child, or each party will raise one.
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No, it is very likely that one party will be sentenced to a child.
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Don't get a divorce, be kind to your husband.
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Legal Analysis: The people's court generally proceeds from the principle of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, and comprehensively considers the age of the minor children, the relationship with the parents, the economic situation of both parents and other factors to determine the ownership of custody, and generally will rule that the husband and wife of the two children are one for each of them; However, if the other parent is truly unfit to raise the child, the court may also award both children to the other parent.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children shall not be extinguished 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. Article 44 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family
Where divorce cases involve the support of minor children, children under the age of two are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it: (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 the group; (2) Where there are conditions for raising children, the obligation to support them is not fulfilled, and the father requests that the children live with them; (3) For other reasons, it is truly unsuitable for the child to live with the mother.
Article 46: Priority may be given to parents who have reached the age of two for adult children who have not yet been sterilized 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 detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child 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 disease that cannot be cured for a long time, or there are other circumstances that are not conducive to the child's physical and mental health.
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Summary. The courts all decide who should be raised by the minor children 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.
The courts all decide who should be raised by the minor children from the perspective of what is most conducive to the healthy growth of the minor children. Children who have returned less than the age of two are to be raised directly by their mothers. If the child has reached the age of 8, the sale shall respect his or her true wishes.
In general, it is more likely that two children will have one each.
If I don't have a job, I'm unemployed, and I can't give both of my children home.
And I take my child with a little depression, sometimes when the child cries, I am very annoyed and want to beat him.
Yes, if you don't have a job here, it's more likely that you have two children for each other.
But you need to pay alimony on your side.
This custody is also negotiable.
If I go to work to make money, I can pay child support, but if I have a child, I don't have income**, and I don't have any money with one click, he invested and spent all the money in the family, and the manuscript is missing and my mother's family also lent him 150,000 yuan, and there is a dowry like my mother gave me 200,000 yuan before marriage, can I get it back?
OK. In judicial practice, the dowry is generally regarded as the pre-marital property of the woman and therefore belongs to the personal property of one of the spouses.
However, if the other party is unwilling to give this property, it can only be resolved through litigation.
He just started renting cherry blossoms to invest, and now he can earn hundreds of thousands of dollars a year at least, our unit is bankrupt and buried, I am now unemployed, and then in the state of receiving unemployment benefits, I have no ability to support at all, but the 150,000 I owe my sister must be returned, right, because there are transfer records.
First of all, you have the right to ask for it, but if the other party does not return the money to you, there is no way to enforce it.
Okay, thank you, got it.
You're welcome, you can ask me again if you have any questions.
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For the distribution of the two divorced children, the court will decide who the children will 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.
1. How to distribute custody rights between two children in divorce.
1. For the distribution of the two divorced children, the court will decide who the children should raise 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.
2. Legal basis: Article 1085 of the Civil Code of the People's Republic of China.
After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by the two parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1086.
After the divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment to dig up.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
2. How to calculate the maintenance of children whose parents are divorced.
The maintenance of children from the divorced parents is calculated at a rate of 20% to 30% of the gross monthly income of the parent who does not directly support them. The specific amount can be determined based on the actual needs of the child, the affordability of both parents and the actual local standard of living.
Judges generally sentence two to four visits a month. In the case of a divorce by mutual agreement, the parties can agree on the issue of the child's visitation rights, and can agree on the specific visitation time, number of visits, and visitation methods. However, in the case of a litigated divorce, the judge will usually ask for the opinions of both parties, and if both parties agree, then it will generally be performed according to the agreed number of visits, and if the parties cannot negotiate, the judge will generally award two to four visits a month.
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