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Now it depends on how old the child is, or whose conditions are conducive to the child's growth.
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According to the economic conditions of both parties. And the child's wishes are very important, and the judge will listen to the child's wishes and make the right decision.
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According to the economic situation of both sides!
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Because divorce is a matter that varies from person to person and depends on the situation.
If the child loves his mother and father, is reluctant to leave either party, and wants them to live well together, then this marriage should indeed be saved for the sake of the child.
The premise is that both husband and wife are normal, not crazy, and do not have domestic violence or excesses.
In a normal state of mind, it is not impossible to repair feelings and cultivate feelings.
Pay attention to the way, change the mentality, each retreat, tolerance, patience and sincerity, and a family can continue to survive intact.
It is also beneficial for the child, because he does not have to be forced to choose only to follow his father or mother.
Although it is said that it is possible to see the children after the divorce, the party who does not raise the children will definitely rarely see each other.
If the child misses it very much, it is indeed a little sad and cruel.
If the child is still young and does not have this problem, there is no such problem.
Of course, if there is no way to repair the relationship between husband and wife, and they are always fighting and arguing together, then don't use children as an excuse not to divorce.
It is even more unfortunate for children to live in an environment where their parents are quarrelsome.
If you can be calm and tranquil with one of them, it is a better choice.
Otherwise, it seems to maintain a complete home, but it is actually a broken home.
It is the kind of "thinking that home is used to shelter from the wind and rain, but it gives the wind and rain".
There are also some people who do not divorce, always saying that it is to give their children a complete home, which may be making excuses for themselves.
For example, I don't want to leave, and I feel that there is still profit in this marriage.
Or if one party wants to leave, the other party is still reluctant and unwilling to admit it, so they use the child as a shield.
There are also some mothers who say that they will not divorce for the sake of their children, most of them because they cannot take their children after the divorce.
For example, if you don't have a house, you don't have a job or income after a divorce, and you have to take care of your children, so you can't survive with your children.
If you leave the child to a man, you are reluctant to do it, and you are afraid that the man will not take care of it.
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Hello, how old is the child? When deciding custody, the court usually takes into account the age of the child and the living environment in which he or she was raised, and will respect the child's wishes when they are over the age of eight.
Children under the age of two years are raised directly by their mothers.
For children between the ages of two and eight, the people's court shall consider the specific circumstances of both parties and make a judgment in accordance with the principle of the best interests of the minor children. Generally, factors such as the economic conditions, educational background, and living environment of both parties will be considered.
For children who have reached the age of eight, the court will ask who the child would like to live with, respecting the child's true wishes.
Who the child may be sentenced to needs to be judged based on the specific situation of the child and you, as well as relevant evidence materials. Home & Home Law Firm advises that if you wish to obtain child custody, you will generally need to submit relevant evidence to the court to prove that you have the ability to support you, especially the level of income. In particular, the income referred to in the income certificate includes salary, bonus, rent income, ** income, dividend income, etc.
Proof of income should generally be stamped with the official seal or the seal of the personnel department, and the salary slip should generally be stamped with the seal of the financial department.
Legal basis] Article 1084 of the Civil Code: The relationship between parents and children shall not be 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 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.
Article 55 of the Interpretation (I) of the Marriage and Family Section of the Civil Code: After divorce, if one of the parents requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.
Article 56 of the Interpretation (I) of the Marriage and Family Section of the Civil Code: In any of the following circumstances, if one of the parents requests to change the child support relationship, the people's court shall support it:
1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the living with the child has a truly adverse impact on the child's physical and mental health;
3) A child who has reached the age of 8 and is willing to live with another parent who has the ability to support him;
4) There are other legitimate reasons for the change.
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The child's insurance should be signed by the guardian at the time, and if so, in fact, many times the child will be handed over to his father, because the woman is no longer in this world.
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If the award is given to the woman, you should execute it, the woman is the child's householder, you hide from me, others say that you kidnap you, what do you do, you can visit with the woman's consent, and if you don't agree to the judgment to the woman, you can sue.
The parent who has the ability to raise the child.