The child is 5 months old, how to judge custody after divorce

Updated on society 2024-06-02
34 answers
  1. Anonymous users2024-02-11

    Children under the age of 2 shall be sentenced to live with the woman at the time of divorce, and the man shall pay monthly maintenance until the child is 18 years old.

  2. Anonymous users2024-02-10

    It should be awarded to the mother, the child is too young.

  3. Anonymous users2024-02-09

    First of all, the court will not accept your divorce during the breastfeeding period, unless you reach an agreement, generally the child is raised by the mother, as long as you agree, there will not be much of a problem.

  4. Anonymous users2024-02-08

    Generally, if the child is only 5 months old, and he is still breastfeeding, he will give priority to the mother's legal support, but you also have to fight for talent!

  5. Anonymous users2024-02-07

    Generally speaking, the child is still too young and is breastfeeding, and the child is to be awarded to the mother, because the baby before the age of 2 needs the mother. But if your wife has any problems, she can also try to fight for custody of the baby through legal means. But the best way is to communicate well without divorce and give the children a complete home.

  6. Anonymous users2024-02-06

    It depends on whether you are a father or a mother, and the father has no right to take the initiative to file for divorce during the breastfeeding period, so the man can't leave if he wants to, if you are a mother, then you can propose it, and the child must belong to you.

  7. Anonymous users2024-02-05

    In this case, as you said, the child will definitely sentence you. Because the law stipulates that breastfeeding babies must follow their mothers, generally within two years old, they will also be awarded to their mothers.

  8. Anonymous users2024-02-04

    Generally, it is with the woman, and the court will fully consider the child's living environment, the woman does not take drugs, does not commit crimes, has a stable income, and the child has a good chance with the woman.

  9. Anonymous users2024-02-03

    Are you a mother or a father? I feel like it's best to part. It's not good for the child. It will have an impact on him in the future.

  10. Anonymous users2024-02-02

    The child is usually awarded to the mother within two weeks, unless the mother does not wish to have the child.

  11. Anonymous users2024-02-01

    The divorce can only be granted after two years, and the court will judge the child at that time.

  12. Anonymous users2024-01-31

    The child is awarded to the mother during the breastfeeding period, but the divorce case during the lactation period is generally not accepted!

  13. Anonymous users2024-01-30

    At this time, the divorce will be awarded to the mother because the baby is lactating.

  14. Anonymous users2024-01-29

    Wait for the law to decide, but try to fight for it.

  15. Anonymous users2024-01-28

    If the child is too young, the judge will favor the child to the mother.

  16. Anonymous users2024-01-27

    If the divorce is because the child is too young, it can definitely be awarded to the mother.

  17. Anonymous users2024-01-26

    The court will favor the woman because the baby is breastfeeding.

  18. Anonymous users2024-01-25

    Generally, there are no special circumstances, and most of the children are awarded to the mother.

  19. Anonymous users2024-01-24

    If the mother has a financial foundation, it is usually given to the mother.

  20. Anonymous users2024-01-23

    Children are generally more taken care of by their mothers.

  21. Anonymous users2024-01-22

    The child is still so young, if you divorce, it will be awarded to the mother.

  22. Anonymous users2024-01-21

    It is generally awarded to the mother more than the baby during lactation.

  23. Anonymous users2024-01-20

    The child was brought by his mother, but his father also had to take some of the money out.

  24. Anonymous users2024-01-19

    The child's lactation period belongs to the mother, but it also depends on the situation

  25. Anonymous users2024-01-18

    Generally, breastfeeding children will be awarded to their mothers.

  26. Anonymous users2024-01-17

    At this time, the divorce will be awarded to the mother.

  27. Anonymous users2024-01-16

    The child is only five months old, and it is the most likely to be given to the mother.

  28. Anonymous users2024-01-15

    The child is so young that it is usually awarded to the mother.

  29. Anonymous users2024-01-14

    The baby is so small, it must be with the mother.

  30. Anonymous users2024-01-13

    Still breastfeeding, should give it to mom.

  31. Anonymous users2024-01-12

    Legal analysis: If the child is divorced in five months, he or she will live with the mother as if he or she is in any of the following circumstances: 1. Suffering from an infectious disease or other serious illness that cannot be cured for a long time, and the child is not suitable to live with him; 2. There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the children to live with them; 3. For other reasons, the child is unable to live with the mother.

    Legal basis: Civil Code of the People's Republic of China

    Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce in person at the marriage registration office.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    Article 1079:Where one of the husband and wife requests a divorce, the relevant organization 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 shall be granted.

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

    1) bigamy or cohabitation with another person;

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

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

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

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

  32. Anonymous users2024-01-11

    Summary. Hello, the custody of the child after 6 months of divorce generally belongs to the woman, because the child needs to be breastfed, which is the most suitable for the mother to raise, and the party in favor of the child needs to be judged, so it will be awarded to the woman, unless the woman has any disease, the child under the age of two is awarded to the woman.

    Hello, the custody of the baby after 6 months of divorce is generally returned to the woman, because the child needs to be breastfed, it is the most leaky ruler suitable for the mother to raise, and the child needs to be judged in favor of the party, so it will be awarded to the woman, unless the woman has any disease, the child below the age of two is awarded to the woman.

    Hello. Legal basis: Article 1 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts

    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 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. There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the children to live with them; (3) For other reasons, the child is unable to live with the mother.

    Article 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. Article 6:

    On the premise that it is conducive to protecting the interests of the child and the daughter, where both parents agree to take turns raising the child, it may be permitted.

    The woman has no formal job, and the man has a formal job, a car and a house, is there a good chance that the child will give him?

    Generally speaking, under the age of two is awarded to the woman, and even if it is awarded to the woman, the man will have to pay child support.

    If the man insists on fighting for custody, what are his chances? On the grounds that I have no job, no income, and can't raise children.

    Didn't you divide the joint property of the husband and wife in your divorce?

    There is no job, no income, and you can live on ** handouts.

    Generally, if there is this, the court will consider it.

    Consider that custody of the child belongs to his father.

    You can't raise a child because you don't have an income, but if you can prove that you can afford to raise a child, you have a chance of taking custody.

    The child has always been brought by myself.

    I didn't go to work after giving birth, so I didn't have any income.

    Looking at it this way, the male side has less than a 50% chance, because the child has always been raised by you, and the six-month-old baby is generally awarded to the mother, because the party without custody should bear the child's support.

    So you don't have to worry about it.

  33. Anonymous users2024-01-10

    Summary. Hello, the judgment of divorce of divorced children in six months: under normal circumstances, it should be awarded to the mother for direct custody.

    However, this does not apply if the mother does not fulfill her obligation to support the child, suffers from a serious illness, or is not suitable for the child to live with her, or if the parents negotiate direct support by the father based on the consideration of the healthy growth of the child.

    Hello, the judgment of divorce of divorced children in six months: under normal circumstances, it should be awarded to the mother for direct custody. However, this does not apply if the mother does not fulfill her obligation to support the child, suffers from a serious illness, or is not suitable for the child to live with her, or if the parents negotiate for the child's healthy growth based on the consideration of the child's healthy growth.

    Hello, according to Article 44 of the Interpretation of the Supreme People's Court of the People's Republic of China on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1), if a divorce case involves the support of a child who has not yet reached the age of two, the child under the age of two shall be handled in accordance with the principles stipulated in the third paragraph of Article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it: (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) Xing Oak has failed to fulfill the obligation to support the child under the conditions of support, and the father requires the child to live with him; (3) For other reasons, it is truly unsuitable for the child to live with the mother.

    Article 45:Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

    If the man insists on fighting for custody, on the grounds that I have no income and no formal job, and that I can't give my child a good environment to grow up, is there a good chance that he will be innocent?

    Hello, there is a chance to win.

    Hello, the child is awarded to the parents based on how well the child lives in that side in the future.

    I currently don't have my brother Chang into the economy**, and Lu Cha doesn't have a formal job, and he has no car or house under his name, and the man has everything, if he fights for it, does he have a chance to award him.

    Hello, yes.

    Hello, but most likely you get the child. Because the child is still young, there is a high probability of giving it to the mother at 6 months.

    Hello, because the child is generally awarded to the mother during breastfeeding.

    The child is no longer breastfeeding, and the man has taken her mother over to take care of the child, and now that he has everything and the ability to take care of the child, I don't have a chance or a chain.

    Hello, there is a chance.

    Do I still have a good chance of winning this way?

    Hello, the lactation period is generally 10 months to a year, and your child is only 6 months old.

    Hello, the child is still in the nursing period at 6 months, and there is a high probability that it will be awarded to the mother.

    The man has not handed over a trillion Lu Dou's salary since he got married, and I don't know how much money the family has, and the money for the renovation of the new house is still from my mother's family. The house was bought with a loan.

    Hello, yes.

    The money for the renovation of the house is equivalent to my dowry, and my family will give it after receiving the certificate, will this be used as the joint property of the husband and wife?

    Hello, no, the money given by your family is not considered your joint property.

  34. Anonymous users2024-01-09

    1. If the child is only six months old at the time of divorce, then when both parties want custody of the child, the court will generally award the woman to directly raise the child, because for the child, it is more suitable for the mother to raise the child. 2. Regarding the custody of the child, the court will make a judgment based on the principle of the best interests of the child. 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 on the basis of the specific circumstances of both parties and in accordance with the principle of the best possible way for the minor child. Where children have reached the age of 8, their true wishes shall be respected.

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