If the husband and wife have incompatible personalities and want to divorce, can they fight for the

Hello: Where are you? How old is your child? Who do you usually live with? Have you negotiated a divorce?

The Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she may live with her 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.

For children over the age of two years, both the father and the mother request to live with them, and one of the parents 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 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.

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 be accompanied by his or her father, the child's opinion shall be taken into account.

Yes, the court mainly depends on who raises the children more, and it is your mother's words. No problem ! o(∩_o~

It depends. When making judgments, the courts always proceed from the interests of the children's physical and mental health, protect the legitimate rights and interests of the children, and take into account the parents' ability and conditions to raise the children. Under normal circumstances, the principle is that children under the age of two should be raised by their mothers, and where the children reach the age of eight, the children's opinions shall be sought.

Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, where mediation fails, divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates a divorce lawsuit, Liang Qingyu shall allow the divorce to return to marriage.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal Analysis:1After the divorce, both men and women can fight for custody of the child.

2.In principle, custody of the child should be negotiated between the parties. If both parties want to fight for custody of the child and there is no way to reach an agreement, then the court will make a decision in accordance with the principle of the best interests of the child according to the circumstances of both parties.

Legal basis: Article 84 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be eliminated 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.

1. Most women in the demolition hall are not financially independent, do not have a good economic foundation, or choose to be a full-time mother after giving birth, and are completely financially dependent on men. When the marriage came to an end, Li Trembling was unable to raise the child alone and was forced to choose to give up the child.

2. Some women are more selfish, and when they divorce, they only think about their future life, and it is very difficult to live with children after divorce, and it is not good to remarry if they remarry, so they choose to give up their children.

3. When most people divorce, the man will go all out to fight for the boy's right to raise the boy, the man thinks that the boy is the root of his family and cannot be taken away by the woman, and the woman is not as dominant as the woman in terms of economic income, housing and other conditions, so she cannot fight for the custody of the child. The family that gives birth to a girl generally depends on the woman's opinion, and the girl can be raised by whomever she wants, but most of them are raised by the woman.

Therefore, I think that men and women should have children after marriage after careful consideration, and both parties are ready to be parents before deciding to have children, so that children can grow up in a loving family, and if the marriage breaks down, they should also consider which party the child is more suitable to live with, so as to minimize the harm to the child.

From the perspective of common sense of life, the child is the continuation of the life of every parent, is all the hope they place on the town, and is their own flesh and blood, so they all hope to get custody of the child, of course, from a legal point of view, the key depends on the husband and wife who is more likely to be conducive to the healthy growth of the child, and the specific situation can be analyzed on a case-by-case basis!