The right to support a child, the right to support a child is provided for by law

Which of the three years has the child spent the longest time with the father or the mother? Legally, it is generally judged on the basis of emotional intimacy, and in general, it is awarded to the mother.

Legal Analysis: The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

If the mother has any of the following circumstances, she may live with the father: (1) 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 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. For children over the age of two years, both the father and the mother are required to live with them, and one party may be given priority in any 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 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. 3. In the event of a dispute between parents and brothers over the age of eight over that a minor child over the age of eight is living with his father or mother, the child's opinion shall be taken into account.

Legal basis: "Several Specific Opinions 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 living standards of the locality. For those who have a fixed income, the maintenance allowance can generally be paid at the rate of 20% to 30% of the total monthly pension 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. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.

1. What is the legal provision on the right to child support?

1. The law on the right to child support is as follows:

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

2) In the event of a dispute between the parents over the age of 10 over over that a minor child is living with his or her father or mother, the child's opinions shall be taken into account.

2. 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 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 a child has reached the age of eight weeks, the true wishes of the child shall be respected.

2. What is the prosecution process for child custody.

The process of prosecuting a child custody includes:

1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties;

2. According to the principle of "whoever asserts shall present evidence", the plaintiff shall submit the corresponding materials to the court;

3. When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, one to the parties, and one for the record;

4. Within seven days after the parties have completed the necessary formalities and submitted all relevant evidence materials, the case filing division shall handle the case filing formalities if the conditions for case filing are met, and rule not to accept those that do not meet the requirements for case filing;

5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance, and if there is real difficulty, they may submit a written application to the court for reduction, postponement or exemption within the prepayment period.

6. After the case filing procedures, the case will be scheduled by the court, and the parties shall obey the court's work arrangements, and settle the litigation costs in the financial office after the case is concluded.

The child custody issues are as follows:

Custody refers to a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well protected.

The one or both of the parties who have this right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right is extinguished when the child reaches the age of majority.

Child support includes expenses such as children's living expenses, education expenses, medical expenses, etc.

Legal basis] Article 37 of the Marriage Law, after divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment. (The Marriage Act will expire on 31 December 2020).

Article 1085 of the Civil Code provides that after 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 both 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. (The Civil Code came into force on January 1, 2021).

If the court decides. Depending on each person's financial situation, if they are not able to raise a child, the court will not award it.

You are in a de facto marriage, and the mother should take child support, and if the court decides it, she can also ask for the child's thoughts.

Yes, the court will consider comprehensively, to whom will the custody of the child be given? Who wants this child more? Who is more capable of raising a child well? And the older children make their own choices?

How to fight for child custody? The first is to fight for the child's opinion, and the second is to go through the legal process.

The court will solicit the child's opinion, and will also decide according to the ability to support, if you want to earn custody, you can go to the court to fight for it.

With regard to suing for custody of a child, if the child is less than two years old, the principle is generally that the mother will raise the child; If the child has reached the age of 10, the court will generally listen to the child, and in order to have custody, it is necessary to win the child's affection.

If the age of the child is between 2 and 10 years old, the court will decide who will have custody of the child according to the principle that is most conducive to the growth of the child, and the general reference factor of the court is the financial ability of both parents, so if you want to get custody, you need to prove to the court that you have better economic strength than the other party, and you can give the child a good environment for growth.

This situation is generally awarded to whoever is awarded by the court.

I want a divorce, I just want the kids back.

I don't know how sure I can get the kids back.

If you want a divorce! The child during the lactation period lives with the mother as the principle, but after the lactation period, the man requests to change the custody rights, then the court will make a judgment according to the actual situation!! Now the odds of the child judging you are very high.

With your current job and financial situation combined with the age of your children, you still have a relatively good chance of fighting for custody. (These are all factors of the court's decision).

You can sue the court for divorce and claim division of marital property.

According to the laws and regulations of the People's Republic of China, when the people's courts hear divorce cases, they generally follow the "Marriage Law of the People's Republic of China" and other relevant laws and regulations, proceed from the perspective of benefiting the physical and mental health of the children, protect the legitimate rights and interests of the children, and properly resolve the issue of child support in light of the specific circumstances such as the ability and conditions of both parents to raise them. In practice, in accordance with the provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

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 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 him;

There are conditions for raising the child and the obligation to support the child is not fulfilled, and the father requires the child to live with him;

For other reasons, the child is unable to live with the mother.

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 your statement, according to the relevant regulations, since your children are under the age of two under the above regulations, it is generally advisable to live with their mothers.

Personally, I think the first question you need to face at present is whether you can get divorced. Because the issue of child support is completely based on the premise of divorce, if the marriage is not divorced, there is no such problem. Of course, if there is no divorce, as the mother of the child, you have the right to visit and raise the child.

As for the issue of child support in the event of divorce, it must be reminded that this is a relatively flexible issue, and although there are relevant provisions, it is generally judged by the people's court according to the actual situation and in combination with the provisions of the law, and the result is not the only certainty.

The above opinions are for reference.

The child is returned to the man, and now that the man has died, his parents are sent Li to have the right to raise the child. Mother can also appeal, after all, grandparents are old and old. The court replied that it was more favorable for the child's support based on the financial situation. The mother's victory will be higher.

It's supposed to be a mother's. The elderly are certainly not as suitable for raising children as their own mothers, and the court will award them to the mothers.