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Generally, divorce is awarded to the mother, unless the mother doesn't want it, and what is said in a TV series is very correct, that is, children without fathers are generally difficult for outsiders to see, while children without mothers can be seen at a glance. So it's usually awarded to the mother, you should be the woman, and I think you will try to find a good job with a regular income for the sake of the child. Work hard, don't feel that children are a burden, people with children are always happy. Beg.
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If I would award it to the woman, because the man doesn't have that much ability, the award to the woman will be better for the child.
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Several Specific Opinions of the Supreme People's Court on Handling Child Support Issues in the Trial of Divorce Cases The people's courts hearing divorce cases shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support in accordance with articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions, proceeding from the interests of the children's physical and mental health, protecting the lawful rights and interests of the children, and taking into account the specific circumstances such as the ability of both parents to raise and the conditions for raising them. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward: 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 her; (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; (For other reasons, the child is unable to live with the mother.) 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.
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: (Sterilization or loss of fertility due to other reasons; (The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; (If there are no other children, and the other parent has other children; (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 illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.) The conditions for the upbringing 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 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.
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. 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. Hello!
From your simple narrative and from the principle of benefiting the child's growth, the child should be awarded to the woman after the divorce.
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1. To whom the divorce is awarded before the child is five years old.
1. At the time of divorce, if the child is five years old, the court will award the child to the party who is favorable to the child to raise it. If both parties want a five-year-old child, then they need to provide evidence to prove who is more suitable to raise the child, such as economic advantages, environmental advantages, etc., and the court will make a comprehensive judgment to one party.
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.
After the divorce, the children under the age of two years shall be raised directly by the mother.
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.
2. Can a child under the age of two be divorced?
If the child is under the age of two and can be divorced and prematurely tremored, he can choose to divorce by agreement or litigation, and if the divorce is divorced by litigation, there must be a statutory mediation invalid judgment for divorce. Children under the age of two are generally awarded to the woman, and children under the age of two are generally married to the mother. If the mother has any of the following circumstances, she may live with the 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 children to live with them;
3. For other reasons, the child is unable to live with the mother.
Legal analysis: After divorce, children under the age of two shall be directly raised 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. >>>More
1.Children under the age of two years are generally awarded to the woman. >>>More
Generally, it is a comprehensive consideration, starting from the benefit of the children's physical and mental health, protecting the legitimate rights and interests of the children, and taking into account the specific circumstances of both parents' ability to raise and raising conditions, and the specific problems are analyzed on a case-by-case basis. If the husband and wife cannot negotiate and proceed with the divorce proceedings, the court will make a judgment in accordance with the provisions of Chinese law and comprehensively consider the growth of the children. >>>More
This is very clear - "the son is awarded to the man after the divorce", which means that the man is the legal guardian of the child. "The child is injured in an accident", as the legal guardian of the child, he naturally has to bear the corresponding responsibility. >>>More
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. >>>More