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If you don't sue for divorce, you can negotiate with both parties about who the child belongs to.
The girl is advised to follow her mother.
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Children under the age of two are generally awarded to the mother, and the raising of the child also takes into account the financial situation of both parents, so it is more likely to be awarded to you.
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The child will be awarded to the woman before the age of two, unless the woman gives up custody will be awarded to the man, and if you fight for it, it will definitely be awarded to you.
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Your baby is not currently breastfeeding, so both partners have custody and will pay child support as long as one parent is in custody of the other. See if you want to have children or not.
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If you are divorced, the child will generally go to the mother because it is too young, and you can ask the man to pay child support.
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If you are under the age of 2, you should follow your mother, and your father will have to pay child support. However, it is also negotiable.
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Whether it is in terms of the child's growth or in terms of legal customs, it should be raised by the mother.
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If the child is less than 2 years old, the judgment will be given to the woman, unless the woman has a serious illness that has not been cured for a long time, or the woman does not want to.
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According to what you say, it may be given to you, and it is better not to divorce for the sake of the baby, what is there to say.
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I think it's better for the custody of the baby to be given to the woman.
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In this case, I think it's more likely that your daughter will belong to you.
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Is it to the side with good conditions, but it is not excluded that Bao Dad's efforts are striving!
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Children up to the age of 3 are raised by their mothers.
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The divorced daughter of the husband and wife shall be raised by the party who is most suitable to raise the child, and if the child is under the age of two years, it shall be directly raised by the mother and awarded to the woman; For children who have reached the age of two, the people's court shall determine the ownership of custody rights based on the actual circumstances of both parties and from the perspective of benefiting the children's physical and mental health and protecting the children's lawful rights and interests.
[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 directly raised 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. 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 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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It needs to be specifically analyzed, 1. According to the provisions of the law, children under the age of two are raised by the woman. Children over the age of eight are sentenced according to the child's wishes. The custody of a child between the ages of two and eight is decided on the basis of the principle that both parties are conducive to the child's development.
2. However, before the lawsuit is filed, the husband and wife may negotiate on their own, and if the negotiation fails, the lawsuit will be filed again.
Legal basis: Article 30 of the Marriage Law, after divorce, the child during the lactating period shall be raised with the nursing mother as the principle. 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 interests of the child and the specific circumstances of both parties.
Note: After the Fuduan Civil Code came into effect on January 1, 2021, the above legal basis was changed to Article 1084 of the Civil Code.
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After the divorce, the child shall be raised by the breastfeeding mother, and the father shall pay the child support on a monthly basis according to the judgment of the court or the amount agreed by both parties. Children under the age of 2 usually live with their mothers. If the mother has one of the following conditions, she can also 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. In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
For children under the age of 10, a settlement may be reached through negotiation, and if an agreement cannot be reached, the people's court shall make a judgment on the basis of the principle of being conducive to the child's growth and considering the specific circumstances of both parents. For children over the age of 10, the child's opinion should be taken into account.
5. The relationship between parents and children shall not be extinguished by the divorce of parents. After the divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother. After divorce, parents still have the right and obligation to raise and educate their children.
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The following principles are generally followed when it comes to child support after divorce:
1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she can 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 children to live with them.
3. For other reasons, the child is unable to live with the mother.
2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
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.
5. 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 live with his or her father, 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.
Legal analysis: The custody of divorced children is generally decided according to the principle of "conducive to the healthy growth of children". >>>More
The parents of the daughter who divorced just felt sad. How can you marry such a man, parents all over the world are for their children, no matter who is right or wrong, they are on the side of their children, at this time the parents are just helpless, sad, and tell their parents well, how filial piety, they have the conditions to take their parents to their side, take good care of filial piety, divorce will also take into account your parents, it means that you are a filial daughter, divorce in this world is normal, want to open a little, time can dilute everything,
In fact, for most couples now, when they divorce, one of the troublesome problems they face is how to distribute the joint property of the husband and wife, so at this time they will have contradictions because of some things, so some people will have such doubts, that is, after the divorce of the husband and wife, the house belongs to the man, or the custody also belongs to the man? So does the child have residency? For some problems, in my personal opinion, of course, there is, and the man also has the obligation to raise the child, let's learn more about it. >>>More
In the case of divorce, the child shall be raised by the breastfeeding mother in principle, and the father shall pay the child maintenance on a monthly basis according to the court judgment or the amount agreed by both parties. Children under the age of 2 usually live with their mothers. The mother may also live with the father if she has one of the following circumstances: >>>More
The spirit of the legislation is to proceed from the principle of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, and to properly resolve the issue in light of the specific circumstances of both parents, such as their ability to raise and conditions for raising them. >>>More