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As for the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but not only on the basis of financial status. However, the child during the breastfeeding period is generally awarded to the woman to be raised, and if it is not breastfeeding, it is necessary to see which party is more suitable for the child's growth and seek the child's own opinion. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.
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 two weeks old will live 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.
4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
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.
6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.
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It depends on the conditions of both parties, which party is more beneficial to the child's growth, and if the child is over 10 years old, the child's wishes must also be considered, and these things must be considered by the court.
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In the event of a divorce, the child will be awarded to the man if:
1. Children over the age of eight voluntarily follow the man, and the man has the ability to raise him;
2. For children between the ages of two and eight, the man's parenting conditions are better than the man's;
3. The woman has a contagious disease, and the child under the age of two is awarded to the man.
Legal basisArticle 1084 of the Civil Code.
The relationship between parents and children is not 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.
After divorce, children under the age of two years are directly raised by their mothers.
Where the parents of a two-year-old child who has reached the age of two cannot 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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In the marriage and family life of Zuzheng, the man generally appears as the strongest, so in terms of child custody, relatively speaking, the man is on the relatively passive side. Under the same conditions, it is slightly more likely that the child will be awarded to the woman, but in the following circumstances, it is entirely possible for the man to fight for the custody of the child.
1) The woman has a malignant infectious disease or other serious illness that affects the child's growth.
2) The woman does not return home for a long period of time and does not fulfill her obligation to support her.
3) The man has been sterilized or has lost the ability to bear children.
4) The man is older and has less chance of giving birth again, while the woman is in a better childbearing period.
5) The woman has bad habits or other quality problems that may affect the child's growth.
6) The woman has a low income, is unstable in her job, and has no fixed residence.
In general, parents are the direct guardians of the child, and the opinions of the grandparents and maternal grandparents have no direct impact on the ownership of the child's custody. However, if both parents are busy with work and other conditions are equal, the advice of the grandparents or grandparents who care for the child can be useful.
1. Under what circumstances will the child be awarded to the woman after divorce?
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?
1. Children under 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.
2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman.
3. 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.
4. 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.
5. 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.
6. If both men and women have no obvious faults, and the conditions are compatible in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, the possibility of getting custody of the child will be greater.
7. Children over the age of 10 live with their mothers at will.
Of course it is not suitable, according to the current marriage law in our country, alimony is about 20% of the total income of the non-direct dependent party, which can be negotiated, and this total income must be evidenced, referring to the part where you can get the income certificate (usually a bank statement), and then multiply it by 20% according to the number on your income certificate, of course, the other party can object to the evidence you take out, and ask for evidence for investigation, if the negotiation is fruitless, the other party can apply to the court for investigation, If the two parties cannot reach an agreement on the issue of child support, the woman can not pay child support for the time being, and wait until the man files a lawsuit with the court, and then pay the man child support according to the content of the judgment after the judgment is out. >>>More
In any of the following circumstances, the husband and wife shall jointly apply and upon the approval of the township, neighborhood population and family planning work institutions or agricultural and forestry farms directly under the county level or above, they may have another child: (1) The first child is a disabled child or the first twin (including multiple births) are all disabled children and cannot grow into a normal labor force, and are medically deemed to be able to have another child; (2) Remarried couples, where one party gave birth to two or fewer children (including lawful adoption, the same below) before the remarriage, and the other party has not given birth; (3) Where a remarried couple each had a child before the remarriage, and the minor children were determined to be with the former spouse by a judgment in accordance with law or a divorce agreement at the time of divorce, and the new combined family has no children; (4) Remarried couples, where each party had one child before the remarriage, and the new combined family has only one child, but the child is a disabled child and cannot grow into a normal labor force, and is medically deemed to be able to have another child; (5) Neither husband nor wife has ever given birth to a child before marriage, but after marriage has been assessed by a medical or health care institution at the county level or above to suffer from infertility, and then becomes pregnant after adopting a child in accordance with law; (6) The husband and wife are only children and have only one child; (7) One of the husband and wife has been working in a mine or in deep water for five consecutive years, and is still engaged in that work and has only one child; (8) The husband and wife are rural residents (agricultural population, the same below) and have only one child and are girls. According to your situation, you can have children.
Friend, I think you have to think calmly and objectively about this matter, since you have chosen the path of divorce, if you don't have the idea of remarriage, then you should stick to it, because at the moment of divorce, you have already made a conclusion about the child's future family composition, since it has been unfair to the child, let him adapt to this living environment as soon as possible, because even if the father always comes to see it is just an illusion, I have several friends who are also divorced, they are right, for the sake of the child should be before the divorce, Since you have chosen this path, let the child and me adapt well, if you can't bear his family because of the child, and now you should also think about not planning to remarry, let the child and you quickly adapt to the new life now, incomplete children will lack a lot of things, but the child will always grow up, as long as you guide well, the child will still grow up healthily, including mental health, so my advice to you is, ask your heart, what is the biggest reason, If you really don't have any nostalgia for him, then don't think too much, and the child as soon as possible to adapt to the new life to face the future, if you really think that the child himself is also very dependent on the father, and often mention the father, then for the sake of the child, don't be angry, life is not good to be angry, let go of the past before you can embark on a new road, since you are not a family in the future, why do you have to make yourself angry and uncomfortable for the past things, happy to face the future life, is the performance that you have made the right choice, It's the best way to get revenge on others, and I think you must know that.
I think children should follow their fathers, because if a woman has a child, it will be difficult to find a new marriage, while a man with a child does not affect anything, and the father will not be disliked. <>
It seems that you are not divorced by agreement? That is the lawsuit, and the judge should take into account the child's opinion and the perspective that is conducive to the child's physical and mental health development. Of course, the other parent is obligated to pay alimony and visitation rights.