The issue of custody of a one and a half year old girl after divorce

The Supreme People's Court stipulates that children under the age of two generally live with their mothers. However, the relevant provisions of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts" stipulate that a breastfeeding child refers to an infant under the age of two years, that is to say, when the court hears a divorce case, the child under the age of two shall, in principle, make a judgment to be raised by the woman, but the principle does not exclude exceptions, according to Article 1 of the Opinions. In any of the following circumstances, the mother may live with the father.

1. Children suffering from infectious diseases or other serious diseases that have not been cured for a long time should not be allowed to live with them.

2. There are conditions for raising but the obligation to support the child is not fulfilled, and the father requires the child to live with him, 3. For other reasons, the child is truly unable to live with the mother.

According to the appeal, basically your situation is more likely to be awarded to the woman.

However, Article 2 of the Opinions stipulates that 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 allowed.

For minor children over the age of two years, when the conditions for raising the child are basically the same as those of the mother, the child has lived alone with the grandparents or maternal grandparents for many years, and the grandparents request and have the ability to take care of the grandchild, it may be considered as a priority condition for the child to live with the parent or parent.

So, you don't have much hope of fighting for custody of your child!!

According to the appeal, I can give you an opinion, drag !! Hold it until your child turns two! If you divorce now, the child will not be awarded to your brother!! Here's advice! (I don't know if it's bad for the woman).

Our marriage law takes care of women and children. Generally, young children follow their mothers, which means that the woman has a much better chance of getting custody of the child.

It's possible.

Generally, this is the choice of the side that is beneficial to the child's life.

If you give the child to your brother, you can give her a better life.

It should be possible.

Yes, and it is likely to be awarded to the man. Because the child is already one and a half years old, it is not lactating. Article 36 of the Marriage Law:

After divorce, the child who is breastfeeding shall be raised with the nursing mother. 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 rights and interests of the child and the specific circumstances of both parties.

In China, it is generally awarded to the man by the child, because after all, it is good for the child's growth.

Custody of a one-year-old child is generally awarded to the mother after a divorce. However, if both parents agree that the father will be directly raised, and there is no adverse impact on the healthy growth of the child, or the child is truly not bad enough to live with the mother, and the father requests direct support, the people's court shall support it.

[Legal basis].

Article 44 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where divorce cases involve the support of minor children, children under the age of two shall be handled in accordance with the principles provided for in paragraph 3 of Article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1) Suffering from a long-lasting infectious disease or other serious illness, and the child is not suitable to live with them;

2) The father has not fulfilled the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him;

3) For other reasons, it is truly unsuitable for the child to live with the mother.

Article 45.

Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

The woman files for divorce within the age of one year, and the custody generally belongs to the woman. However, if the man and woman agree that the one-year-old child shall be raised directly by the father and there is no adverse impact on the healthy growth of the child, or if the mother has a serious illness or abuse of the child, or the father requests direct support, the people's court shall support it.

[Legal basis].

Article 44 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where divorce cases involve the support of minor children, children under the age of two are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1) Suffering from a long-lasting infectious disease or other serious illness, and the child is 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 asks the children to live with him;

3) For other reasons, it is truly inappropriate for children to live with their mothers and repentance.

Article 45.

Where both parents agree that a two-year-old child is to be directly raised by the father and there is no adverse impact on the child's healthy growth, the people's court shall support it.

Legal analysis: After divorce, children under the age of two shall be directly raised by their mothers.

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 friendship agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt disposal.

Article 1079:Where one of the husband and wife requests a divorce, Tongduan may have the relevant organization conduct mediation or directly file a divorce lawsuit with 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.

Legal analysis: The child is only one year old, and the custody of the divorce belongs to the mother.

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

Article 1084:The relationship between parents and children is not extinguished by the divorce of the 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, 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 1085:After divorce, where children are directly raised by one of the parties, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The banquet in the preceding paragraph and the agreement or judgment provided for in the preceding paragraph do not prevent the child from making reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.