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Awarded to the woman, the child is breastfeeding, most of them are awarded to the woman, unless the woman does not want to.
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Hello! I don't know if you're a man or a woman? How many days are your children born now? Judging from the situation of most families, at this time, the whole family should revolve around the baby and the mother, and take good care of the baby and the mother, I don't know why you mentioned the divorce?
If you are a father, the court will not make a judgment if you file for divorce at this time, and the man is not allowed to file for divorce. If your wife files for divorce and is very resolute, the court may rule that the baby will also be awarded to the mother. Your wife has had a baby for a short time, she may have postpartum depression, and the counselor does not advocate that you talk about divorce now, you need to tolerate her and take good care of her.
If you are a mother, and you file for divorce at this time, you may have some things in your heart that you can't figure out and feel very wronged. You can tell us about yourself The counselor will help you analyze and help you get out of your confusion.
Have fun!
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If two people divorce, if the child is not over the full moon, generally speaking, the child should be awarded to the woman, because the child is breastfeeding and cannot do without the mother.
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Confinement divorce baby awarded to whomBetween husband and wife, you put it between confinement, divorce, and the baby will generally be awarded to the woman in terms of legal performance. Because the baby is breastfeeding and cannot do without its mother.
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It must be awarded to the woman, because the child at this time still needs to be breastfed.
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Confinement divorce, no matter who will raise you in the future. Before 6 months, the child will be raised by the mother without special circumstances, and breast milk is advocated
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Legal analysis: If there is a divorce during the confinement period, the child will definitely be awarded to the mother, and at this time, unless the divorce is agreed upon, the court will not agree to allow it.
Legal basis: Civil Code of the People's Republic of China
Article 1082 Agitation The woman shall not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.
Article 1084:The relationship between parents and children is not eliminated 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.
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Legal analysis: According to the provisions of Chinese law, if the woman is confined after giving birth, the man cannot file for divorce, except for the woman who proposes or has major faults, and if the divorce is during the lactation period, the child generally belongs to the woman.
Legal basis: Article 1082 of the Civil Code The woman shall not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, if the woman files for divorce or the People's Court deems it necessary to accept the husband's request for divorce, except for Pinchang.
Article 1084 of the Civil Code The relationship between parents and children shall not be extinguished by the divorce of the 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.
After the parents divorce, the decision on which party the children live with is generally based on the principle of "conducive to the healthy growth of the children". Paragraph 3 of Article 36 of the Marriage Law stipulates: "After divorce, the child who is breastfeeding shall be raised with the nursing mother in principle. >>>More
Generally, divorce is awarded to the mother, unless the mother doesn't want it, and what is said in a TV series is very correct, that is, children without fathers are generally difficult for outsiders to see, while children without mothers can be seen at a glance. So it's usually awarded to the mother, you should be the woman, and I think you will try to find a good job with a regular income for the sake of the child. Work hard, don't feel that children are a burden, people with children are always happy. Beg.
Legal analysis: 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. >>>More
Generally, it is a comprehensive consideration, starting from the benefit of the children's physical and mental health, protecting the legitimate rights and interests of the children, and taking into account the specific circumstances of both parents' ability to raise and raising conditions, and the specific problems are analyzed on a case-by-case basis. If the husband and wife cannot negotiate and proceed with the divorce proceedings, the court will make a judgment in accordance with the provisions of Chinese law and comprehensively consider the growth of the children. >>>More
1.Children under the age of two years are generally awarded to the woman. >>>More