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The mother poisoned her son before the divorce, and she can still earn custody of the son after the divorce, but the court generally does not support it.
Custody refers to a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well protected.
The one or both of the parties who have this right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right is extinguished when the child reaches the age of majority.
Ascription. Divorce generally results in the loss of custody of one of the spouses. The parent who loses custody will lose the right to live with the child.
However, the parent who loses custody will still have visitation rights and can visit the child regularly during the agreed or adjudicated time and spend relatively briefly with the child.
The ownership of custody in the event of divorce can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:
Education, employment, income, age, family environment, age of both spouses, age of children, etc.
Custody of step-children by step-parents.
The relationship between stepparents and stepchildren is different from the general parent-child relationship, which has a relationship of in-law and education and upbringing, but does not have a blood relationship, and such rights and obligations can be dissolved. When the biological father and stepmother or the biological mother and stepfather divorce, if the stepparents are unwilling to continue to raise the stepchild who has been raised and educated by him, the custody relationship is deemed to have been dissolved, and the child is still being raised by the biological parents.
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It should not be, because he had poisoned his son before, and this kind of thought may arise later, and it is generally impossible to hand over custody of his son to his mother.
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No, such a mother is too cruel to her son, and the court will not give the child to such a mother for the sake of the child's healthy growth.
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It is too ruthless to be able to poison her son, she has violated the law by doing so, and she has no right to earn custody of her son, on the contrary, she has to bear legal responsibility.
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Then you can't. Children have been poisoned and harmed, and they are already a high-risk group, which is not good for children in all aspects.
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It is another matter whether you can fight for custody or not.
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What poison did a mother poison her son before a divorce? Is there any evidence?
As long as there is conclusive evidence, then the mother loses custody; Otherwise, custody of the younger child usually goes to the mother.
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Because the mother had a history of poisoning her son, after the divorce, for the sake of the child's safety and healthy growth, the probability of the son being awarded to the mother is very low.
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This kind of person doesn't call the police and arrests him, and still has the face to earn custody? It's almost impossible.
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In this case, first of all, the two of you can negotiate a settlement privately, and if you can't negotiate, you can appeal to the court to make a judgment. In general, I think it is better to listen to my daughter's opinion and see who my daughter would prefer to live with, of course, if her daughter is still young, then it is another matter. <>
At the time of the divorce, if the custody of the daughter has been awarded to you by the court, then in fact, the custody of the daughter is now yours, if the mother wants to get back the custody of the girl, she can only solve the problem through the channel of appeal again, unless you can solve it privately. If you are willing to give up the custody of your daughter to your ex-wife, then naturally you don't have to appeal, but if you yourself are unwilling to give up the custody of your daughter, then you can refuse your ex-wife's request and let your ex-wife appeal. However, it is not easy to say who owns the custody of the daughter in the end, because the court will take into account many factors when deciding.
First of all, as we have said above, if the daughter is already relatively old, more than 8 years old, the court will respect the daughter's personal wishes at this time. That is to say, who your daughter is willing to live with, then the court will most likely award the custody of your daughter to whom, at this time, if you want to fight for the custody of the child, you must first fight for your daughter. If the child is not over 8 years old, the court will consider the child's wishes, as well as the financial situation of both of you.
After all, it is not easy to take a child alone, and it is definitely not possible to have a certain economic foundation, so at this time you have to see who is more advantageous in the economic situation of the two of you. But when you really encounter this situation, I think it's better to solve it privately, when two people negotiate this issue, you must fully take into account the child's own wishes, if the child is willing to follow the mother now, then I think you should still let go, after all, the child can grow up healthily, and the most important thing is to be able to grow up happily.
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At the time of the divorce, the custody of the daughter was awarded to you, and now the mother of the child wants her daughter back, she must negotiate with you, if the negotiation fails, you can sue the court to change the custody and sue for sale. Sock dust.
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It's okay, but the most important thing is to judge the custody of your daughter according to the financial conditions of the two of you, and to follow the principle of a daughter's own voluntariness.
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Of course not, because the child had already been awarded to you at that time, so the other party had no right to ask for it back.
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According to Article 36 of the Marriage Rules, the relationship between parents and children shall not be 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. 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.
According to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts".
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.
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.
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At the time of the divorce, the children were still relatively young. For example, if a girl has not been born for a year, the woman's economic conditions are better than the man's. Under such conditions, it will be awarded to the mother.
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Generally, when the husband and wife divorce, as long as the mother's economic conditions allow, and the woman has no obvious fault and mistake, the child will be awarded to the mother for support, of course, this also needs to respect the child's wishes.
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I think that when a divorce is made, it is generally awarded to the mother if there are no special circumstances. Well, it's just that if the mother doesn't want to raise, then it will be awarded to the father.
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In the case of divorce, for example, when the child is breastfeeding, then it must be awarded to the mother for custody.
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Under what circumstances is the divorce, the child will be awarded to the mother for support, and if there is enough ability to raise the child, it will most likely still be awarded to the mother.
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If the child is relatively young, or the father's economic conditions are relatively poor, and the mother has the ability to raise the child, the child will be awarded to the mother for maintenance when the child is divorced.
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Mothers can provide a good living environment for their children and have the ability to support themselves and their children, but few women can do it After all, giving birth to a child requires a lot of energy, and it is difficult to put into work in a short time.
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1.Children under the age of two generally live with their mothers;
2.Although the child is over two years old, the woman has been sterilized, but the man has not, and the age gap between the man and the woman is not very large;
3.The child has been living with the mother, and if the divorce changes to live with the father, the living habits of the child have changed greatly and affected their growth;
4.The man has bad habits, such as gambling, alcoholism, etc.;
5.Children over the age of 10 live with their mothers at will.
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When a husband and wife divorce and the child is younger, it is generally awarded to the mother for support.
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The mother meets the various conditions for raising the child, or the man does not have the ability to raise the child, in this case the child will be awarded custody, and there is also a situation that if the child has the ability to choose, the first need to seek the child's opinion, and the decision can only be made after more investigation, mainly to cultivate the child to live a better life.
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Q: Can I still fight for custody of my children after the divorce? a:
Yes, as long as certain conditions are met. Both parties may choose to change custody by agreement, and if the agreement fails, they may submit a request to the people's court to change custody. At any time after the divorce, if there is a significant change in the circumstances or the ability of one or both spouses to support the child, a request for a change in child custody can be made.
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On 3 November 1993, the Supreme People's Court promulgated the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues by People's Courts in Divorce Cases," which laid down in detail the trial principles for courts to handle child support issues when hearing divorce cases, and had certain guiding significance in trial practice.
From the woman's point of view, under what circumstances is it more likely that the court will award the child to the woman's custody?
First, children up to the age of two generally live with their mothers. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child.
Second, although the child is over two years old, the woman has undergone sterilization and the man has not, and the age gap between the man and the woman is not very large, so it is more likely that the child will be awarded to the woman. Third, the child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman. Fourth, under the premise that the relationship between the husband and the woman is not large, such as the degree of job stability and the income gap, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman.
Fifth, the man has bad habits, such as gambling, alcoholism and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.
Sixth, if both men and women are not at obvious fault and the conditions are equal in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, she will be more likely to get custody of the child.
Seventh, children over the age of 10 live with their mothers at will.
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On November 3, 1993, the Supreme People's Court, the Supreme People's Court, the Supreme People's Court, the Supreme People's Court, provided more detailed opinions on the court's handling of child support issues in handling divorce cases, and the trial principles have certain significance in trial practice.
From a woman's point of view, under what circumstances does the court grant the possibility of custody of the child to the woman?
First of all, the child is generally less than 2 years old and lives with her mother. This is mainly due to the fact that the child is still in its early childhood and needs the mother's breastfeeding, and the mother gives the children more thoughtfulness and care.
Secondly, even if there are more than two children who have undergone sterilization and the woman has not had a person's age and the woman's age gap is not large, the woman has a child who is more likely to obtain. Thirdly, the child's life with her mother, if changed, changed their living habits, life with his father after the divorce had a greater impact on their upbringing, the child granted to the woman may. Fourth, the conditions of raising men and women, such as the degree of job stability, the income gap on the premise, if the alienation of the person is faulty, for example, there is evidence of extramarital affairs, and the children are issued to the possibility of the woman.
Fifth, people with bad habits such as gambling, alcoholism and other vices. Considering that their sins have a detrimental effect on the child's development, the court will usually award the child to a woman.
Sixth, there are no obvious faults in both men and women, the conditions are equal in all aspects, and if the woman wants better quality and more time to take care of the child, the possibility of child custody will be greater.
The seventh child of 10 years of age or older is free to live with her mother.
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It is a principle that is conducive to the growth of children, and the court cannot make a judgment through negotiation.
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