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Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" 3. For children over the age of two years, where both the father and mother request to live with them, and one party has any of the following circumstances, priority may be given:
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 father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
According to the above relevant regulations, and combined with your specific situation, the child has been living with you for a long time, and the child's grandmother has also taken care of the child for a long time, and changing the living environment is not conducive to the child's growth, which is your advantage, you need to collect evidence in this regard, as well as evidence that the other party has been addicted to online games for a long time and does not care about the child, which is more beneficial for you to fight for the custody of the child.
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It's useless to say that it's useless to find a lawyer to consult and use legal means For example, he always plays games and doesn't take care of and educate his children == Maybe he loves to play and doesn't want children. I can't say for sure.
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Although I'm not a professional (I guess I don't have time to do this professionally), I still have some legal knowledge. The difference between you and your husband is that his job is more stable and more secure for the children, your job is not so stable, but you are capable and afraid that you will not be able to support the children, and the fact that he is the child's father will always be there, which is a permanent guarantee for the child. You are her mother, and his father is addicted to games, regardless of the child, the judge will sentence the child to you.
I don't think your husband will snatch the child with you, and you can save trouble with the child.
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Hehe, both landlords think that his dad doesn't want children.
Won't you have peace of mind now?
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Legal analysis: The following cases belong to the woman: First, children under the age of two generally live with their mothers.
This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child. Second, the child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman. Third, under the premise that there is not much difference between the support conditions of the man and the woman, if the man is at fault for the breakdown of the relationship between the husband and wife, the child is more likely to be awarded to the woman.
Fourth, the man has bad habits, such as gambling, alcoholism and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.
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.
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After the divorce, if the child wants to return to the woman, the child can be sold according to the age of the child, if it is breastfeeding or under two years old, the child will most likely be awarded to the woman to raise the child.
The woman has more financial power to raise the child than the man.
If the remaining number of children is over 7 years old, the court will solicit the child's opinion, and the woman can fight for the child's right to belong.
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There are three situations, first, the child is within two weeks of age, which belongs to the woman, second, that the child is willing to follow the woman, then it belongs to the woman, and third, that the woman's conditions are conducive to the child's hunger, and the limb can be returned to the woman.
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In general, custody of the child does not necessarily go to the woman. Minor children under the age of two usually live with their mothers. For a minor son over the age of two years, if both the father and the mother ask to live with her, the party who meets the conditions for priority maintenance will win the custody rights.
For minor children over the age of 10, the court will take into account the wishes of the children if the conditions of the husband and wife are similar.
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In most cases, the children will return to the woman after the marriage.
If the woman does not have any financial income**.
The court will award the child to the man for custody.
So to get custody of the child.
The woman must have an independent financial income** to prove that she is able to support her children.
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If the child is still young and can't be taken care of by others, the child will generally be awarded to the woman, which is beneficial to the child's growth.
If the reason for the divorce is that the man is at fault, it is very likely that the woman will also be awarded to the woman if she fights for custody.
If it is an older child, it will respect the child's opinion, and the child's opinion is very important at this time, that is to say, be kind to the child, try to let the child choose you, and you can belong to the woman.
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If you want to let the child belong to the woman in the divorce, there are two ways to do it, firstly, you can fight for the custody of the child Bizi by suing, and secondly, you can also respect the child's wishes, as long as the child is willing to follow the mother, the child can be returned to the woman.
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Hello. The breastfeeding child belongs to the woman; Older children can choose whether to follow their father or their mother; If the economic conditions are good and it is beneficial to the child's growth, the court will be inclined to this side when the court decides. If the woman does not possess these articles, it will be very difficult for the socks to win custody.
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Divorce about the custody of children, in line with the principle of giving priority to children's life and education, can provide the best education and living environment for children, have a stable economy with high stools, have a sense of intimacy with the child, and have no violent tendencies, the child will be raised. If the woman wants to return the right to support the child, she must first have enough financial ability, a stable job income higher than the man's, and be in good health. In this way, the child can be returned to the woman.
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The woman must have the ability to raise the woman, and the child will generally be awarded to the woman. If the woman has no job and no occupation, and can't even support herself, how can she raise the child? The court mainly considers who will award to the child who is good for the success or failure of the child.
Children over the age of 10 will be awarded to whoever they want to follow.
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Lactating children can not belong to the man, must be clearly raised by the woman, and when the bureau is over, the child can basically choose to follow when he is seven or eight years old. If you have to make the woman have a certain economic strength, it is also conducive to the favorable conditions for growth.
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How can I get a divorce to give my children to the woman? If the man and the woman are divorced, and the woman wants to have a child, then only the two parties need to negotiate, if the man refuses, then you can sue the court, and the court will make a judgment according to the actual situation, and under normal circumstances, as long as the woman has the ability to raise it, the court will award the child to the woman.
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In the event of a divorce, the ownership of the children shall be judged in accordance with the relevant regulations, and generally speaking, if there is financial ability, one party will raise the child, and the other party will pay child support, or the child shall choose which one is wrong and who to be with. Rent deferred register.
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If you are a woman, you have to show your strength to the other party, and to the court, if you are able to make a lot of money, and you care for your children, then the court will support you. If you are holding the man, then you have to show that you don't have the ability to raise the child, and the court will award it to the woman.
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Normally, if the child is under the age of two and needs to be taken care of by the mother, then the divorce will be awarded to the woman basically according to the legal procedure, unless there are special circumstances, the woman does not want the child or the financial ability is not good, if you want the custody of the child, first of all, the court will assess the economic conditions of both parties and the environment in which the child is located is more favorable to the child. In addition, how is the child raised after birth? If the mother has always carried this, there will be certain advantages, but the mother should have the ability to be financially independent, so that the chance of getting the child back will be greater, and if the other party is the party at fault, this will also have the opportunity to get back custody of the child.
And ask the other party to increase the child's support funds. You can also reach an agreement with the other party to ask the woman to raise the child, and the man will give a certain amount of support funds every month, this situation is the best solution, in short, the divorce lawsuit will affect the child's physical and friendly hearts, and it is best for adults to be more considerate of each other. Think about where your child would be better off.
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Leaving the chain to delay the marriage and let the child return to the woman, it is still necessary for two people to discuss.
There is still an economic round of living ability, which can belong to the woman's shed mill.
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Divorce, how can I let the child return to the woman? If the husband and wife divorce and want the Yinji child to return to the woman, if the Feng Zhijin woman is not able to support her, then the court will generally not award the child to the woman. If the woman is able to support her, then you don't want the child to go to the woman.
As a mother, you generally don't give your child to your father, and girls usually want custody of their children, so you don't need to do work for such things.
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The first is when the child is still very young, or if the child chooses to do so voluntarily. Living with his mother, He Jianqian is okay with this. Putting the custody of the child in the woman's name is the first consideration.
Is there any strength to raise children? It must be done under certain conditions. There is this.
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This will be decided according to the specific circumstances of both parties, which is to say which of the two parties is more qualified to raise the child, and who will generally award the custody of the child to? But relatively speaking, Huai Nucleus will respect the opinion of the child who is not digging the lead, and the child will see who you are willing to follow.
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If the woman wants to fight for the custody and custody of the child at the time of divorce, then you should come up with enough evidence to prove that you have the ability to make the child grow up healthily.
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Children if only.
At the age of one or two, the mother can get custody. When the child is older, the woman can provide accurate evidence that she is conducive to the child's growth and tease, and fight for the custody of the child.
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In the case of divorce, if the two parties agree well, or the woman's living conditions are better than those in the south, then the court will award the child to the woman, of course, the specific situation will be discussed on a case-by-case basis.
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After the divorce, the younger children are all returned to the woman's raising, and the older children will be decided according to the economic conditions of both parties.
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If you want the child to return to the woman, then at least the woman must have the ability to raise the child and have a good child. Grow up in such an environment that the law will be ruegled by the person who will be awarded to the woman, and the child will be given.
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If you want to let the child belong to the woman, you can give up the custody by yourself, pay the child support by yourself, and let the woman help you raise it.
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First of all, the woman's conditions are more superior than the male Hu Yefang's strips, and she can give the child a better growth environment, so that the probability of the child returning to the woman will be greater.
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If the child is too young, the child can't do without the mother, you have to follow the woman, and the woman must have a certain amount of economic care, which is suitable for better cultivation and filial piety, and there must be a fixed place to live.
It's very simple, if you are the head of the household, take the divorce certificate to the police station to open a single certificate, you can cancel her household registration, and you don't have to worry about her household registration for the rest.
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