After a year of marriage, the child was not registered for another four months, and if the divorce w

Marriage Law of the People's Republic of China

Article 25: Children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

Interpretation I of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.

Article 5: Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:

1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

During the period of cohabitation, half of the property is owned by one person, and the property is owned by the individual before the cohabitation, and the children are jointly raised.

You are not registered, which means that you are not husband and wife, and after the breakup, each property belongs to each other, and the children are generally with the woman, unless she is not able to raise the children.

The child belongs to the woman, and if there is a dowry, it also belongs to the woman.

It's best to part, it has a great impact on the growth of children!

The divorce of the child after 4 months is generally awarded to the mother, except where it is not suitable for the mother to be raised. The law stipulates that children under the age of two years shall be raised directly by their mothers; For children who have reached the age of two and the agreement is not reached, the court shall make a judgment in accordance with the principle of the best interests of the minor children; Where children have reached the age of 8, their true wishes shall be respected.

1. Under what conditions the child can be awarded to the woman.

When the woman's conditions are more suitable for the child's healthy physical and mental growth, the child will be awarded to the woman. According to Chinese law, after 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 shall make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties.

Where children have reached the age of 8, their true wishes shall be respected.

2. What are the provisions for raising infants?

If the child is less than two years old, the principle is that the child shall be raised directly by the mother. In the case of a child who has reached the age of two and the parents fail to reach an agreement on the issue of child support, the people's court shall 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.

According to the third paragraph of Article 1084 of the Civil Code, which came into effect in 2021, after divorce, children under the age of two shall be directly raised 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.

3. What are the legal provisions on the custody of children after divorce?

The legal provisions on the custody of children after the divorce of husband and wife are: for children under the age of two, the court will award custody to the mother, and the mother will directly raise the child as the principle, and if the child has reached the age of eight, the true will of the child shall be respected, and the child who has reached the age of two shall be judged by the people's court according to the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. The parent who does not have custody of the child should be responsible for the child part or all of the child support after the divorce.

Article 1084, Paragraph 3 of the Civil Code, after divorce, children under the age of two years shall be directly raised by the mother in principle. 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.

1. The child lives with the father or the mother.

a) Agreement Processing.

Whether the children of a divorced family live with their father or with their mother may be decided by the parties through negotiation at the time of divorce. If the parties are divorced by mutual agreement, the divorce agreement should be written about which party the children live with.

In divorce proceedings, if the parties reach an agreement on child support, the court will generally respect the agreement, unless the agreement between the parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child. Where both parties agree to take turns raising children, the agreement between the two parties shall be respected.

2) The child is less than two years old.

If the divorced family has children under the age of two, the law stipulates that the children generally live with the mother after the divorce, taking into account that the children are smaller and more in need of the mother's care, and some may still be breastfeeding.

However, if the mother has special reasons and is actually unable or unwilling to raise the child, she may live with the father. Special reasons mainly refer to: the mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the mother has the conditions to support and does not fulfill the obligation to support the mother.

If you still need any help, you can add me directly as a friend!!

If you insist on paying it back, the child will judge you, especially if the child is so young, you didn't find out that you were grumpy before marriage. still beats people, really leave it, otherwise you will suffer for a lifetime.

The house is a mortgage when you were not married, it should be your husband's premarital property, and if you can show evidence that you can help him pay the mortgage together, he should return your money to you.

Under normal circumstances, two people have lived together for more than two years, and the house belongs to two people, and less than two years should be your husband's premarital property.

Poor woman ...

The child cannot be divorced at 4 months.

You have to wait until the child is one year old before you can get a divorce.

It is very simple to award to whomever is on good terms.

Probably the child will give it to you. I don't understand anything else.

It is recommended that you consult a lawyer, and you will not find the answer here.

Legal analysis: The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court needs to make a judgment. The court's decision on custody is generally based on the principle of being conducive to the growth of the child.

Breastfeeding children shall be raised by their breastfeeding mothers; For a minor child over the age of 10, if both parents have a dispute over which parent to follow, the child's wishes shall be taken into account. Children under the age of 2 have custody of the child and generally live with the mother. The mother may live with the father if she has the following conditions:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; (2) The father requires the child to live with him; (3) For other reasons, the child is unable to live with the mother. Where both parents agree that a child under the age of 2 will live with the father and there is no adverse impact on the child's healthy growth, it may be permitted.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Summary. Qinqin is happy to answer for you: the child is more than 4 years old, one is more than two months, and the determination method of child custody in divorce is as follows:

1. If a child under the age of 2 is awarded to the woman, that is, your child of more than two months, the principle of direct support by the mother 2. For a child who has reached the age of two, if the parents fail to reach a maintenance agreement, the people's court shall make a judgment according to the specific circumstances of both parties and in accordance with the principle of the most beneficial to the minor child 3. The basic information of both parties, including income, housing, education, companionship time, and convenience of care. On the one hand, there are positive and negative factors, such as the impact of environmental changes, economic conditions, and education. On the other hand, it is also necessary to consider the negative causes, such as whether there is domestic violence or abuse in the family environment.

The child is more than 4 years old and more than 2 months old, and the divorced child will generally be awarded to whom.

The method of determining the custody of the divorced child is as follows: 1. If the child is less than 2 years old, that is, your child of more than two months, the principle of direct support by the mother is the main failure 2. If the parents fail to reach the custody agreement of the two parents, the people's court shall make a judgment in accordance with the principle of the best interests of the minor children according to the specific circumstances of both parties.

Qinqin is happy to answer for you: the child is more than 4 years old, one is more than two months, and the method of determining the custody of the divorced child is as follows: 1. The child under the age of 2 is awarded to the woman, that is, the child who has been eliminated for more than two months, and the principle of direct support by the mother 2. For a child who has reached the age of two, if the parents fail to reach a maintenance agreement, the people's court shall make a judgment according to the specific circumstances of both parties and in accordance with the principle of the most beneficial to the minor child 3. The basic information of both parties, including income, housing, education, companionship, ease of care, etc.

On the one hand, there are positive causes, such as the impact of environmental changes, economic conditions, education, etc. On the other hand, it is also necessary to consider the negative causes, such as whether there is domestic violence or abuse in the family environment. <>

Dear, are you the mother or father of your children?

Legal analysis: If the divorce belongs to the joint property of the husband and wife, the two parties shall negotiate on their own, and if the negotiation fails, the court will decide how to deal with it, and the court will judge the family according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. If it belongs to the personal property of one party, it shall still belong to one party at the time of divorce.

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 the people's court has ruled that Kuansui Xing is not allowed to divorce, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, 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 of caution shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.