Marriage Law Divorce because the wife wants to be free, will the children be awarded to the man

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 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 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.

Parents can negotiate an agreement to change custody of the child. If the negotiation fails, you can file a lawsuit with the court to request a change in custody of the child.

After the divorce, you can get back custody of the child. If one party requests to change the child support relationship after the divorce, he or she shall file a separate lawsuit. In any of the following circumstances, the people's courts 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 party living with the child has a negative impact on the child's physical and mental health. (3) Minor children over the age of 10 who are willing to live with the other party and who have the ability to support them.

4) There are other legitimate reasons to change.

According to the spirit of our Marriage Law, the protection of the interests of children is its basic principle. This basic principle should be taken into account in both the ownership and change of child custody, as long as it is beneficial to the child, the custody of the child can be changed, that is, whoever raises the child well will be raised.

The law stipulates that children under the age of two shall be raised directly by their mothers. But there are several special circumstances: 1) the mother suffers from an infectious disease or other serious illness that cannot be **; 2) The mother is able but unwilling to fulfill the obligation of support, and the father requires the child to live; 3) The child shall not live with the mother for other reasons, such as the mother's economic ability and living environment are obviously unfavorable to raising the child, or the mother's misconduct is not conducive to the child's growth, or the child cannot be raised due to violations and crimes.

Judgments are generally made in accordance with the principle of the best interests of the minor child. The law stipulates that parents require direct support of minor children over the age of two. In any of the following circumstances, priority may be given to one party:

1) Sterilization or loss of fertility due to other reasons.

2) Children live with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of children;

3) No other children, the other parent has other children;

4) Living with the child is conducive to the child's growth, and the other party should not live with the child if he or she suffers from an infectious disease or other serious illness that cannot be used for a long time, or other conditions that are not conducive to the child's physical and mental health.

Generally speaking, which party can provide a better environment and conditions for the child's life and learning, which party is more conducive to the child's physical and mental health, and more conducive to the child's custody.

How to determine the principle of child custody in divorce? The above is the introduction, if you still have anything unclear, you can leave a message below, or you can find a professional lawyer for consultation, child custody is something that everyone needs to work hard to actively strive for.

Hello! It can be negotiated and resolved, depending on the child's wishes. If the negotiation fails, you can also file a lawsuit, and if the man is abusing the child or unable to support the child, the court may support your claim.

The woman later wants to have a child, usually because the man does not take good care of the child, and casually throws the child to the grandparents, and the woman is distressed, at this time she can apply to the court to change the custody.

The woman can file a lawsuit to get custody of the child back.

But there has to be a good reason, and what is this good reason?

1. The man abused the child.

2. Other changes occur to the man, such as loss of job or deterioration of economic conditions, which makes it difficult to raise children.

3. The man has other vices (such as drug abuse, gambling), etc.

4. In other cases, the man is no longer suitable to raise the child, or the child voluntarily requests to return to the mother.

Generally speaking, as long as the child changes his mind and is willing to follow the woman, then he can negotiate, and if the negotiation fails, he can sue for a change in custody according to law. The premise is the child's choice, which is important.

This involves a legal issue, if the court awards the child to the man, generally speaking, the man will support it, if the woman wants to discuss, she must agree with the man before negotiating, if the child has the ability to talk to the press, he is willing to live together, the child's opinion should be respected.

If the child and the man live well, and the child is happy with the man, then it is best not to toss, it is good for both parties and the child! If your conditions are better than the man's, and the child agrees to live with you, you can negotiate and do it, all for the sake of the child, if the man is unable to raise him, or has not fulfilled his maintenance obligations, then he can sue to change the custody rights. I hope the child is happy!

There are two ways to change custody:

1. Both parties agree to change the custody of the child;

2. Change custody through litigation.

Of course, if both parties remarry, there will be no situation where custody of the child belongs to the man.

First of all, you can negotiate with your ex-husband, and if the other party does not agree, then you must have evidence that the other party is not taking care of the children properly. At the same time, you must also have proof that you are capable enough to take care of your children. Then file a lawsuit with the court.

In fact, one is to look at the economic ability, whether you have the ability to let the child grow up well. The second is to ask for the child's opinion and who he is willing to live with.

You can go to the lawsuit, and it should be possible to get back the custody of the child.

Find out your favorable conditions and go to court to sue for a change in the child's ** person.

Both parties have divorced, the child has been awarded to the man, and the woman later wants the child, uh, how do you stipulate it? I don't think I wanted it at the beginning, and I can't go back now.

Legal analysis: You can negotiate and communicate first, and then sue the court to resolve, Child custody generally comprehensively measures the economic conditions, living conditions, education level, whether there are bad habits, the age of the child and other factors, and also considers who the child is currently living with, specifically the child under the age of two will generally be sentenced to follow the woman, in addition, according to the principle of conducive to the healthy growth of the child, the custody of the child is judged, over 10 years old, solicit the opinion of the child, and the party who does not raise the child needs to pay child supportThe amount of child support is generally determined based on the actual needs of the child, the affordability of both parties and the actual living standard of the locality.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

The woman can sue for support, but the woman must have evidence to prove that she has the ability to raise and can give the child a good education, and the court will also ask the child which party she is willing to follow. If the child is over 12 years old, the child's opinion is fully observed. Or ask the child more.

I hope your child grows up happily!

Although the husband and wife have divorced, both parties are the parents of the child can never be changed, if the child is not conducive to the growth of the father, the mother can also go to the court to change the custody of the child.

1. The child is still young, and the court will consider whether to agree to the change based on the actual situation that is conducive to the child's growth, and 2. When the child grows up, the court will fully solicit the child's opinions, and then comprehensively consider the issue of changing custody.

The parties have divorced, and the custody of the child has been awarded to the man, and the woman later wants the child, and the interests of the child are the most important in the law, and the woman's conditions are better than the man's, and the custody can be changed through legal channels.

This situation is allowed, and it can be agreed by both parties through negotiation, or effectively mediated by the court, and finally both parties agree and accept the conditions.

This is a custody change, and if the parties cannot reach an agreement, they can file a lawsuit in court, and the court will make a judgment according to the ability of both parties and the wishes of the child.

It has been awarded to the man, and she wants the child on the basis of your parents, this should be determined by the court, first of all, the girlfriend has the ability to raise the child, and then the child is willing to follow the woman, and it is possible to award the child to the woman.

If the woman wants to have a child, she has to file a lawsuit in court. Your conditions must surpass that of the man and have a certain economic strength. So that you will have more custody of the child. Great odds.

When you change it, the man's economy must be good, if you want to have it with you later, that is, the economic low group he refers to is okay, and there is a good life**, if you have a good environment, as long as your conditions are better than the man's, the law can award you.

If the child is small. Generally speaking, try to give it to the mother as much as possible. Because the child is in the care of the mother.

Growing up is very fast and loving. So generally speaking, the child is said to be awarded to the mother at a young age, and if it is a little older, it depends on the child's wishes. But mostly.

Children are awarded to their mothers. Because. It's better for women to take care of their children!

The two parties have divorced and want to change the custody and custody of the child, they can only rely on the lawsuit, the younger the child, the greater the chance of being awarded to the mother, if you want to fight for the custody of the child, you must have a fixed residence and a fixed job and income, and then show high emotional intelligence and emotional stability when you fight a lawsuit, which is very important.

If the child has been awarded to the man, it is difficult for the woman to get custody, unless the man takes the initiative to give you custody.

Custody can be changed through a lawsuit. However, it is necessary to provide evidence that raising the child yourself is more conducive to the child's development.

Well, if the woman later wants custody of the child, then she can go to court to apply for a change of custody of the child.

The man has the ability to raise the child and can provide the child with a warm home and environment, but it is impossible for the woman to have the child.

If the man is capable, no fault is not willing, you can't help it. Neither does the law. Thank you!

You can go to court and sue for custody.

In this case, you can have children.

The man has to agree to you raising the child. Just change the child's custody relationship.

Is there any evidence that the woman is better at raising the child and the man is bad?

Where the husband and wife divorce voluntarily, the husband and wife shall first negotiate the ownership of the custody of the child. If the negotiation fails, the court will file a lawsuit with the court, and the court will make a judgment based on the rights and interests of the children and the specific circumstances of both parties. Children under the age of 2 are generally awarded to the woman, and children over the age of 8 respect their wishes.

[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.

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.