Can the man snatch the child if he doesn t give custody?

In this case, after the divorce, if the custody of the child cannot be resolved through negotiation, then it can be resolved through litigation, and neither party can take reckless measures to snatch the custody of the child, which is not only suspected of violating the law, but also detrimental to the physical and mental health of the child. According to article 36 of the Marriage Law, 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.

After divorce, parents still have the right and obligation to raise and educate their children. After divorce, the child who is breastfeeding shall be raised with the nursing mother. 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 rights and interests of the child and the specific circumstances of both parties.

Children under the age of 1 and 2 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.

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

3. For children who are minors over the age of two, 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.

4. 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 live with the parent.

5. In the event of a dispute between the parents over the age of 10 concerning a minor child living with his or her father or mother, the child's opinion shall be taken into account.

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

The child is not an object, you can't snatch it up by you, you can go to the court to sue to determine the custody first, if the custody is given to you and the man does not give it, you can apply to the court to enforce it.

If you want to grab the man's handle, then you can, thank you.

It's still going to be legal, or private.

Legal Analysis: Custody is in the woman's and the man's offense in snatching the child. If the other party forcibly snatches the child, it may result in the crime of snatching, and you can sue the court for damages.

The law stipulates that both parents have the obligation to raise their children and the right to fight for custody. If the parent has not fulfilled the obligation to provide custody, then the other party can apply for a change of custody.

Legal basis: Civil Code of the People's Republic of China

Article 1084: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.

After the divorce, the children under the age of two are directly raised by the mother. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of child support, the people's court shall 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 1086:After a 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 of exercising the right of visitation shall be eliminated and the time shall be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

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.

Custody is awarded to a person who cannot take away the child. After the court decrees that custody takes effect, the child shall live with the parent who has custody, and if the other party refuses to hand over the child, then the parent with custody may apply to the court for enforcement. Refusing to hand over a child or snatching a child away without authorization is not in accordance with the law and is illegal.

However, coercive measures can be used to detain those who do not cooperate with the performance, and cannot help to snatch children, and attention should be paid to the protection of minor children.

Article 236 of the Civil Procedure Law of the People's Republic of China provides that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor Sun Chasun for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Custody belongs to one party and cannot take away the child. After the court decrees that custody takes effect, the child should live with the parent who has custody, and if the other party refuses to hand over the child, then the parent with custody can apply to the court for enforcement. However, coercive measures can be used to judicially detain those who do not cooperate with the performance, and cannot help to snatch the child, and it is illegal to forcibly snatch the child.

Minor children should also be heard when dealing with such cases.

1. Whether there is still the issue of custody dissolution after the divorce of the child's adult parents.

The question of whether there is custody of the child's adult parents in divorce depends on the situation, and the analysis is as follows:

1. At the time of the divorce, if the child is over 18 years old and still in school, the issue of parental custody in divorce still exists, but the child's opinion should be sought;

2. If it is already independent, there is no question of custody of the branches. Parents have the obligation to raise and educate only minor children or adult children who are unable to live independently. When a couple divorces, if the children are already adults, the court only needs to grant the divorce and deal with the division of property, and there is no need to deal with the children.

After the divorce, the child is raised by the mother, and the child can change the mother's surname.

Changing one's surname requires the father's consent, and if the father does not agree, then the mother's surname cannot be changed without permission. If it has already been changed, you need to change it back to your father's last name. Generally speaking, after the birth of a child, the name is determined by mutual agreement between the parents, so the change of the child's name should be made by mutual agreement of both parents.

When the parents are divorced, neither parent has the right to change the child's name without authorization. If the parties to the divorce have not negotiated or reached an agreement through negotiation and one of the parties requests to change the name of the child, the public security organ may refuse to accept the case = If one party obtains a change of the child's name because he or she conceals the fact of divorce from the public security organ, if the other party requests to restore the child's original name and the divorce parties fail to reach an agreement through negotiation, the public security organ shall restore it.