He has rheumatism, I want to divorce him, how to sentence the child in 2016

According to the law, the condition for divorce between a man and a woman is that the relationship between the two parties has broken down, and that one of the parties has rheumatism is not a condition for divorce. If one party files for divorce, a lawsuit can be filed in court. When it comes to the custody of a woman, both parties may negotiate, and if the negotiation fails, the people's court shall make a judgment based on the rights and interests of the children and the specific circumstances of both parties.

Legal basis: Article 31 of the Marriage Law Where a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32: Where a man and a woman request a divorce, the relevant departments may 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Article 36: The relationship between parents and children is not extinguished by the divorce of 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.

The issue of child support is generally resolved through negotiation, and children under the age of two are raised by the woman, and you can ask a lawyer in detail through the legal consultation bar to see your own situation.

Child custody is generally based on the principle of who is more advantageous for the child to live with.

The age of the child and who is currently living with it has a greater impact on the ownership of custody. Specifically: (1) custody of children under the age of two is generally vested in the mother; (2) For the custody of children between the ages of two and eight, the court mainly refers to who usually takes care of the children more and which party they are currently living with, then the economic conditions of both parties, and finally the academic qualifications, household registration and other factors of both parties to make a comprehensive judgment; (3) The custody of children over the age of eight depends mainly on the opinions of the children, and the court will generally award custody to whom the children express their willingness to live with.

It should be noted that in Beijing, for children over the age of six, the court will also refer to the child's opinion when deciding on custody.

The court will make a judgment based on whose side the child is more conducive to growth, of course, if the child can already make a choice, the child's will is the first choice.

It is awarded to the party who is conducive to the child's development.

The judge will give the child a healthy upbringing depending on the child's wishes or the woman's ability to do so

It is worth affirming the courage of being a father who is greater than a mother's love.

But the choice belongs to the child.

Or is it the first choice and the living conditions are the second choice.

I want to fight for you, but not for the ownership of the child, but to tell you. Even if it is awarded to the woman, you have the right to see the baby at any time. Being a good father is not easy. And you have to face the rest of your life.

People with complicated marriages need to be more thoughtful. Once you've had the experience of marriage, you don't have to ask the same level of questions that beautiful married people ask. In my opinion, a failed marriage is also much, much stronger than the kind of person who doesn't know how to love.

What's more, in this matter, I feel like you're just not having a good marriage and still being a good father. Will definitely find a more suitable person. Because everyone is not blind.

My director is also divorced, and the child was awarded to the mother. Now he has a new wife who is 12 years younger than him, very considerate and his daughter has nothing to say to him.

The child is sentenced to the mother, and the child is questioned when he is ten years old.

The main thing is still according to the wishes of the child! It is recommended that both parties consider the child's upbringing and future in combination with the actual situation! After all, they are their own biological children, all for the sake of the children!

The child is only more than one year old, and the court cannot judge based on the child's wishes! Will make a judgment based on the actual situation! It will mainly be decided by which of the two men and women is more suitable for the child's growth!

It won't just be based on economic conditions! Rest assured! What's more, as you said, the child has always been paid by the man, which means that the man has the financial ability!

Another point to note: after the divorce, both parties must bear the corresponding financial responsibility for the support of the child, so ah, financial ability will not be the main basis! What we need to do now is how to convince the court that the man or woman is more conducive to the child's physical and mental growth and education!

economic situation, emotional basis to judge.

Pls how do I find help.

If there are children in the divorce, and the woman strives to have children, in fact, it is also necessary to have conditions for the award to the woman, let's listen to what the lawyer says about the divorce child awarded to the woman.

If both parties do not agree to raise the children at the time of divorce, then the court will not grant a divorce. Because divorce involves issues such as divorced children and child support, if this issue cannot be resolved, then the judge can only reject the divorce application.

Divorce can be sued. The eldest son should seek the opinions of the child, and the younger son will be awarded to the party that is conducive to the growth of the child, and if there are 2 children, one is generally raised.

As a general rule, children under the age of 2 should follow the woman. 2 to 10 years old is biased towards women, but it also depends on the actual situation, and there are more variables. Children over the age of 10 should be consulted.

In principle, the children under the age of 2 should be determined by the mother, and the children over the age of 10 should be listened to, and the 2 and 10 years old should be determined by taking into account the economic conditions of both parties and other factors.

It is also conducive to the healthy growth of children.

1. The judgment is based on the principle of being conducive to the growth of the child.

2. During the lactation period, the mother, 2 to 10 years old generally negotiate with the mother or the court according to their respective conditions, and the child's opinion should be solicited on the issue of raising children over the age of 10.

The child's age, gender, parents' economic conditions, raising conditions, etc., in short, should be conducive to the child's growth.

I have two children, the eldest daughter, 6 years old, the younger girl is 3 years old, my wife has a junior outside, I came back today to have the eldest daughter, what should I do, we want to get married.

The court will give preference to the parent who has the ability to support the child. Another point is to see whether the Israeli party is at fault during the divorce, and the court will give priority to the non-fault party, if you have the ability to support and whether you are at fault, then it will basically be awarded to you.

If you are reluctant to have children, most of them will sentence one person to one, but you must propose it in advance, you can go to the other party to visit the child at any time, and the other party must not obstruct it

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the situation of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, and if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and seek the child's own opinion. The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person.

Advice: Marriage is a big deal, and you must be cautious about getting married!

My suggestions: 1, since your wife is mentally ill and has no ability to work, she is like a waste, out of humanitarian considerations, for the sake of the children, I advise you not to divorce as much as possible! 2. If it really doesn't work, it must be separated, then the court will also decide who the child will be raised according to two conditions, one is to see which of the husband and wife has the ability to raise or the economic conditions are better, and the other is to solicit the children's own opinions to see who they are willing to be with, the best way is one person, which is more fair.

As for proving that it is more advantageous for the child to be by your side, it depends on whether you have the financial means and time to take care of him.

The court will consider and judge the custody of the child from the specific circumstances that are conducive to the healthy growth of the child, taking into account the actual raising ability and conditions of both parents.

If the child is under 2 years old, it will generally be awarded to the mother, and if the child is over 10 years old, the judge will ask for the child's opinion. If there are 2 children, there will usually be one for each child. However, there are no absolutes in things, and the judge will make a comprehensive judgment to judge who the child lives with is more conducive to the child's growth.

If a party has some vices, and there is evidence that the child following him is not conducive to the child's development, the judge will often not award to that party.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are 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 requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

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.

In response to your questions, our lawyer provides the following answers:

If the two parties can negotiate a settlement, respect the negotiation.

If it cannot be resolved through negotiation, the custody of children under the age of two years is the woman's right in principle.

For children over two years old, depending on the situation of both parties, it is determined by the principle that it is conducive to the healthy physical and mental growth of the child.

For children over the age of 10, the opinions of the children themselves should be taken into account.

For specific legal basis, you can search for "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" on the Internet.

It is generally judged by the child's living conditions...

The same situation will be on the mother's side...