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You can gather evidence and sue him and his sister. The child can come back to you.
But to be honest, if you are not financially well-off, I suggest you acquiesce.
The child follows his aunt, and his aunt will be good to him.
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The woman may file a lawsuit with the court to change the child support relationship.
According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":
When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:
15. After the divorce, if one party requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.
16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.
1) Living with the child, one of the parties is unable to continue to raise the child due to serious illness or disability;
2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;
3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;
4) There are other legitimate reasons to change.
17. Where both parents agree to change the relationship between the children and the child, it shall be permitted.
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Legal analysis: The husband and wife are divorced, and the child is awarded to the woman, and she cannot give the child to be raised. The law stipulates that as long as the biological parents are truly unable to raise the child and the consent of both parents of the child can the child be given up for adoption, one party may not give the child to another person to raise alone.
Legal basis: "The People's Republic of China and the Civil Code" Article 1097 When biological parents send a child for adoption, both parties shall jointly send it for adoption. Where one of the biological parents is unknown or cannot be found, they may be unilaterally adopted.
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Summary. According to Article 39 of the Marriage Law of the People's Republic of China, if the husband does not pay child support, the woman may apply to the relevant authorities for compensation or file a lawsuit with the court to require the other party to bear the corresponding responsibility. However, it is not possible to unilaterally pass the child to the elder sister to raise.
After the divorced child is awarded to the mother, and the man does not pay child support, can the woman unilaterally pass the child to her sister to raise?
According to Article 39 of the Marriage Law of the People's Republic of China, if the man does not pay child support, the woman may apply to the relevant ministry for compensation or file a lawsuit with the court, requiring the other party to bear the corresponding responsibility. However, it is not possible to unilaterally pass the child to the elder sister to raise.
In addition, the husband can also file a lawsuit with the court to demand that the other party bear the corresponding responsibility.
The parties can also reach a reasonable agreement on issues such as alimony through mediation or negotiation.
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1.If the other party is suing for divorce, you can claim to raise the child yourself. 2. The ownership of custody in the event of divorce can be negotiated between the two 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 children: the following factors are mainly considered: the husband and wife's education, work, income, age, family environment, age of the children, etc.
3. General principles 1. Children under the age of two generally live with their mothers. In any of the following circumstances, the mother may live with the father: (1) Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother for 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) has undergone sterilization or has lost fertility due to other reasons; (2) There are no other children, and the other party has other children; 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. 7. In any of the following circumstances, one party requests to change the child support relationship, the pre-search shall be supported.
8. Where both parents agree to change the relationship between the children and raise their children, it shall be permitted.
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Summary. In the event of a divorce, the husband has the right to take back custody of the child. The husband can get back custody of the child if he meets the following conditions:
1) You have a stable job and income. (2) Parents are willing and able to help take care of their children together. (3) The child is willing to live with himself and not with the other person.
4) You have lost your fertility. (5) The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child.
After the divorce, the man has the right to take back the custody of the child and sell Kaizi. The husband can get back custody of the child if he meets the following conditions: (1) he has a stable job and income.
(2) Parents are willing and able to help take care of their children together. (3) The child is willing to live with himself and not with the other person. (4) I have lost the fertility of the code.
5) The children have been living with themselves for a long time, and the change of living environment is obviously not conducive to the healthy growth of the children.
You can sue for change of custody You can sue for custody in accordance with the law.
I mean, before the divorce, the man fostered the child at the child's aunt's house, will it affect the custody of the child in the future?
Hello, dear relatives, you can sue to change custody, you can sue in accordance with the law to claim custody.
I mean that before the divorce, the man fostered the child at the child's aunt's house, and the child's mother knew about it, and did it have any impact on the man's custody of the child in the future?
Kiss and see which of you wants to raise a child, you are going to lawsuit.
Even if the man wants to have a child, will this have an impact on his future struggle for custody with the child's mother? Will it become the basis for the child's custody dispute?
The impact is influential, and it mainly depends on who can win the lawsuit.
The woman knows and agrees, so if the ** woman can still fight with the man for custody on this basis?
Yes, kissing is definitely okay Try to discuss with the man and see if you can convince him.
What to convince? Persuade the man to see if he can voluntarily give you custody of the child.
I am the man, what I want to ask is that I fostered the child at my aunt's house before the divorce, and the woman knew and agreed to hail after the hail, will it be used by the woman as the basis for the source of Dongqin who wants the child to care for the right to bend in the future?
Yes, dear, you'd better discuss it, so it's better.
The child's insurance should be signed by the guardian at the time, and if so, in fact, many times the child will be handed over to his father, because the woman is no longer in this world.
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. >>>More
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
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.
Article 1086 of the Civil Code: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. >>>More