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There is no direct connection between custody and hukou, which is legal and hukou is a hukou system. What is the situation of your child, if it is a newborn and does not have a hukou, you can go on it with a birth permit; If you are in a household registration somewhere else, you have to migrate now, and you can migrate through your parents; If it is not your child, you can also apply for a household registration after adoption; If this is not the case, then it depends on whether you have a relationship or not.
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Hello! The police station's statement is correct. You can ask the woman to make a declaration of custody change.
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I don't know if this is not clear, so you'd better ask your local family registration department.
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Theoretically, whoever has custody of the child will have the hukou of whomever it is!
If you want to move your hukou, you must agree with the head of the child's original hukou, and if the child is a minor, you must also have the consent of the child's legal guardian!
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There is no influence on the ownership of custody of the children who are registered in the hukou. When a husband and wife divorce, the principle of child custody is determined as follows: after the divorce, the child during the lactating period 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.
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If the child is under the age of two, it will definitely be raised by you, and the court under the age of 5 will also consider it more appropriate for you to raise the child. You are perfectly qualified to fight for custody of your child.
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If the child's hukou is in Beijing's father's side, and the mother is a foreign hukou, and the child's custody is the mother's after the divorce, can the child's hukou not be moved to the father's side?
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According to China's household registration management regulations, the child's household registration can be followed by either parent and wife, and the child's household registration after divorce is generally solved by several ways: (1) Whoever has the right to custody of the child has the child's household registration; (2) If the child is a minor, the parents can handle the household registration transfer on their behalf; (3) If the child is an adult, he or she can go through the household registration transfer by himself; (4) Those who are at least 18 years old can go through the formalities with the public security organs with their household registration book and ID card; If you don't have custody, you can't get a hukou, and you have to go to the hukou unless you change your custody.
Article 1084 of the Civil Code stipulates that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, whether the children are directly raised by the father or mother, they are still the children of both parents. After divorce, parents still have the right 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.
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It is possible to settle a child without custody. There is no direct link between the child's hukou and custody.
1. Does custody have anything to do with the child's schooling?
Custody has nothing to do with the child's schooling. Because the child's schooling is related to the hukou, and there is no direct relationship with the ownership of custody and other issues, no matter who has custody to go to school, parents only need to handle the child's hukou, and the child can go to school nearby by virtue of the relationship between the parents and the child. If both parties deem it necessary, they can also apply for a change in custody of the child.
Generally, the child's hukou is with the custodial party.
2. Can demolition change the custody of the child?
Under normal circumstances, demolition and relocation may not necessarily change the custody of the child. Because there is no necessary connection between the demolition and the change of custody of the child. In order to change custody of a child, the custodial party must meet one of the following conditions:
1. Suffering from incurable infectious diseases or other serious diseases; 2. The party living with the child does not fulfill the obligation to support the child, abuses the child, or is not conducive to 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 have the ability to support them.
3. Will custody affect the child's schooling?
Custody of the other party does not affect the child's schooling. Because the child's schooling is related to the hukou, and there is no direct relationship with the ownership of custody and other issues, the custody of the right to belong to anyone can handle the school, as long as the child's hukou is handled, the child can rely on the relationship between the parents and the child to enroll in the nearest school. The parties can negotiate the ownership of custody, and if the negotiation fails, they can appeal to the court.
If both parties deem it necessary, they can also apply for a change in custody of the child.
Article 7 of the Regulations on Household Registration stipulates that within one month after the birth of a child, the head of the household, relative, guardian or neighbour shall report the birth registration to the household registration authority of the child's habitual residence. For abandoned infants, the adopter or the child-rearing authority shall report the birth registration to the household registration authority.
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1. What materials are required for the custody of children who do not go to the house.
The two parties negotiate and deal with it, and if the negotiation fails, they can apply to the court to change the custody rights.
Hukou migration: What you need to prepare:
1. ID card (second-generation certificate, if not handled, it must be handled at the same time in the household registration).
2. 2 photos of the second-generation ID card.
3. If it is a collective household registration, how to provide proof that the unit agrees to move out.
4. Original and photocopy of real estate certificate or (mortgage contract and bank account invoice for the first installment).
5. The original household registration book.
2. Custody attribution.
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, with a relationship of in-law and education and support, but there is no 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, it is deemed that the custody relationship has been dissolved, and the child is still raised by the biological parents.
Article 39: In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Summary. Hello, you have custody of the child, so for the convenience of the child's education and education, you can request to move the child's hukou to your hukou.
Hello, you have custody of the child, so for the convenience of the child's education and education, you can request to move the child's hukou to your hukou.
If you have custody, you can move your household registration. 1. According to the provisions of China's legal law, it is okay for a child's household registration to follow either parent, so the two parties can negotiate the question of whether they can move their household registration if they have custody after divorce, and if the negotiation cannot reach an agreement, they can go to the court to litigate. 2. In addition, based on the opinions of the children themselves, or if there are reasonable reasons and evidence that are beneficial to the children after the household registration is moved, then the sun can be destroyed to strengthen the possibility of winning the lawsuit.
Article 13 of the Regulations of the People's Republic of China on Household Registration stipulates that when a citizen migrates, within three days in urban areas and within 10 days in rural areas, he or she or the household shall preside over the relocation certificate and declare the relocation registration to the household registration authority, and surrender and cancel the relocation and relative-type certificate. Citizens who do not have relocation certificates shall apply for relocation registration at the household registration authority of the place of relocation with the following documents: (1) Demobilized, demobilized and discharged servicemen shall present the certificate issued by the county or city military service organ or regimental service organ; (2) Overseas Chinese and international students returning from abroad with their passports or entry documents of the People's Republic of China; (3) Persons who have been released by the people's courts, people's procuratorates, or public security organs, on the basis of the certificates issued by the organ that released them.
Article 19 When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration.
First, according to the Marriage Act, children born out of wedlock have the same rights as children born in wedlock. 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. >>>More
Mothers have a big advantage.
China's marriage law stipulates that children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. The law applies a policy of equal treatment to children born out of wedlock, and children born out of wedlock also have the right to be raised and educated by their parents. Therefore, when dealing with the custody of children born out of wedlock, reference is made to the following general criteria provided for in the law: >>>More
I don't regret it, I'm on the verge of divorce now, maybe I won't have a suitable partner to remarry if I have a child, but the child is reluctant, I have a house, a salary, and I don't think it's difficult for the man to pay child support, even if the man regrets not giving child support in the future, I can still rely on myself, he has always said that mom as long as you don't want me, I agree with the rest, how can I bear to let go.
1. It can be proved that the other party has bad habits; 2. Proof that the other party has infectious diseases or mental diseases; 3. Prove that your income is higher than that of the other party; 4. Prove that you have the ability to have time to take care of your children, etc. If you want to know more about legal knowledge, remember to comment or poke me in a private message.