The mother is mentally abnormal, has a daughter who is five years old, and if there is a divorce, wh

In this case, it was mentioned that the woman was "mentally abnormal", which was judged according to the severity of her condition. If the woman does not have full capacity, then it is clear that she is not suitable to raise the child. However, if the woman is only an ordinary mental illness and has full capacity to act.

Then, the issue of child custody should be resolved through negotiation between the two parties. According to article 36 of the Marriage Law, the relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

Children under the age of 1 and 2 generally live with their mothers, and if the mother has any of the following circumstances, she may 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 will live with the father and that there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children who are minors over the age of two, 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:

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 maintenance 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 is able 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.

5. In the event of a dispute between the parents over the age of 10 concerning a minor child living with his or her father or mother, 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.

If the man can prove that the woman has mental problems, she will be raised by the man.

Legal analysis: There is a high probability that it will be awarded to the father. Child custody is usually decided based on the following principles:

1) Children under the age of two years will generally be awarded to the woman; (2) For children over the age of two, priority will be given to the party with better conditions to raise the child; (3) Where disputes arise over the age of 10 over where a minor child lives with his or her father, the opinions of the child himself shall be considered;

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.

In general, young children are given to their mothers, as the court will consider that young children may be better cared for if they are cared for by their mothers. Because the mother is more careful, and the father is a little careless, it is generally awarded to the mother. Because there are two children, it is estimated that one child will be awarded to each child, and the younger child is estimated to be awarded to the mother, and the older child is estimated to be awarded to the father.

In the custody battle, everyone should show their own advantages to the judge. If you don't want to raise yourself, you can give it up. But no matter what, even if you don't support you, you should get child support.

Divorce is still relatively traumatic to children, which will make them have a trauma all the time.

However, divorce is also a common thing nowadays, so children should not feel that they are too different. If one person feels different from others in a group, it will be very traumatic. Therefore, I think that even if the parents of the children are divorced, they should give more care to the children, so that they can grow up and be loved in this kind of broken family.

Be sure to find time to spend with your children, because children are very fragile psychologically, especially those who grow up in such broken families.

And this little girl has reached the age of 15 is the time of rebellion, at this time it is very easy to have all kinds of psychological problems, she must have a lot of troubles, so parents must pay attention to listen to her inner troubles. You should also understand his situation and talk to him more. Although there are many worries for adults, children are still fragile after all, and it would be good if children could be less troubled.

Some people may say that they will stick to it for the sake of their children, but such a family full of quarrels is also not conducive to the growth of children, it is better for parents to separate, and then take more care of children to accompany children, so that children can also feel loved.

This court will definitely make a judgment based on the financial situation of the two people, depending on the court's decision, but both husband and wife have to pay child support.

Generally, the younger son will be left with the woman, because he is relatively young and needs the company and care of his mother; And the older daughter will follow the man, because she is older and can take care of herself.

First, it will be divided according to the wishes of the child, secondly, it will give priority to one child per person, and finally it will be considered according to the economic situation of both men and women.

If this is the case, custody is generally given to each husband and wife, because the child is relatively young and needs the care of the mother, so the younger child will generally be divided to the mother, but the specific situation will also be determined according to the economic relationship between the husband and wife, no matter how the harm to the child has been caused.

1. Who will raise the mother who has mentally ill children?

According to the provisions of the Civil Code, the issue of child support should be based on the interests of the children's physical and mental health and the protection of the legitimate rights and interests of the children.

In trial practice, after a divorce from a mentally ill person, it is generally the case that the spouse is able to give custody to the spouse. Where a mentally ill person who lacks capacity for civil conduct proposes to reduce or waive the burden of child support, the court may support it on the basis of specific circumstances.

If the legal ** person (guardian) of a mentally ill person has the ability and willingness to assume the responsibility for the support of the mentally ill person and his minor sons, and with the consent of his or her spouse, the minor children may also be raised on behalf of the mentally ill person's guardian.

In addition, if the spouse truly has special circumstances that make it unsuitable to raise a minor child, the minor child may also be placed in custody by the guardian of a mentally ill person, but the guardian's opinion shall be sought.

In the event of a dispute between the parents over the age of eight over that a minor child over the age of eight should live with the father or mother, the child's opinion shall be taken into account.

2. Under what circumstances can the children be co-parented after divorce?

First, both parents are cooperative. This is crucial.

Second, co-parenting meets the needs of both parents and the child.

Third, the specific arrangements for co-parenting are in line with the actual upbringing situation.

Fourth, the capacities, financial resources and other aspects of the parents are relatively similar.

This is a realistic condition, if one of the parents is far superior to the other parent in terms of financial resources, ability or other aspects, then the dominant party has an absolute advantage in fighting for custody rights, and naturally will not consider cooperating with the other parent to raise the child together.

In a divorce, both parents want children, which is a good thing. However, if the two parties fight for the child's mentor and cause a bad relationship, this may hurt the child more than the breakdown of the marriage. Therefore, as a lawyer, it is generally recommended that when both parties want to raise the child, parents can give priority to the mode of joint parenting, and the two parties can negotiate to solve the problems encountered in the child's growth in accordance with the principle of maximizing the interests of the child, and jointly care for the child's growth.

Legal Analysis: Depends on the specific circumstances of the Divine Training. If the child is a minor, then there is still an obligation.

Parents have a duty to upbring, educate and protect their minor children. Where the parents do not fulfill their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.

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

Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

Article 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

This should still be raised as a conscience, although I feel uncomfortable, but after all, she is still pregnant in October.

The Marriage Law of the People's Republic of China stipulates: "Parents have the obligation to raise and educate their children; Children have an obligation to support their parents. In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child. ”

Of course not, you boys and girls?

If it is serious, it will be awarded to the man, and the corresponding medical diagnosis certificate must be presented, and if the man wants to have a child, it is best to have a doctor's diagnostic advice, which usually affects the judgment.

In divorce cases, the favorable conditions for the husband to raise the children are:

1) Although the child is under the age of two, the mother suffers from an incurable infectious disease or other serious illness, and the child is not suitable to live with her;

2) Although the child is under the age of two, the mother has the conditions to support the child and does not fulfill the obligation to support her;

3) Although the child is under the age of two years, the child is truly unable to live with the mother for other reasons;

4) Those who have undergone sterilization or have lost their fertility due to other reasons;

5) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

6) There are no other children, and the other party has other children;

7) The conditions for raising children are basically the same, but the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help the children take care of their grandchildren;

8) Children over the age of 10 voluntarily request to live with their fathers.

In response to the above conditions, the husband can prepare evidence from the following eight aspects in order to fight for child custody:

1) A diagnosis certificate issued by a medical institution that the man has undergone sterilization or has lost childbearing capacity;

2) Proof that the child has been living with the child for a long time and is concerned about the child's life and education;

3) Proof that the other party has other children (such as the children on the household register);

4) Diagnosis certificate issued by a medical institution that the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time;

5) The other party has drug abuse, gambling, alcohol abuse and other vices, or has evidence of abuse that is not conducive to the physical and mental health of the child;

6) Proof that the child has been living alone with the grandparents for many years and that the grandparents have requested and are able to help take care of the grandchild;

7) Children over the age of 10 require proof of living with their father (the court will generally ask for it separately);

8) The husband has a strong ability to work and proof of financial income.