Who owns the children after six months of divorce under the new marriage law?

The Civil Code came into force, the Marriage Law was abolished, and there was no talk of a new Marriage Law;

The husband shall not file for divorce within one year after the woman gives birth, unless the woman files for divorce or the court deems it necessary to accept the husband's request for divorce; The court granted a divorce to children under the age of 2 on the basis of the principle of direct custody by the mother.

See: 1. Article 1082 of the Civil Code [Restriction of the Husband's Right to Sue for Divorce] The husband shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Article 1084 (3) After divorce, children under the age of two shall be raised directly by their mothers.

2. Article 44 of the "Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code" (Fa Shi 2020 No. 22, effective as of January 1, 2021) Where a divorce case involves the support of minor children, the children under the age of two shall be handled in accordance with the principles provided for in paragraph 3 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) Where there are conditions for raising children, the obligation to support them is not fulfilled, and the father requests that the children live with them; (3) For other reasons, it is truly unsuitable for the child to live with the mother.

If the husband and wife divorce because of the breakdown of their relationship, the property will be divided, and the custody of the child will also be divided, and if the child is only six months, it will usually be raised by the mother, which is conducive to the healthy growth of the child.

The Civil Code implemented this year clearly stipulates that if the parents divorce before the child is two years old, the custody of the son shall be owned by the woman.

The new Civil Code stipulates that a child born to a husband and wife in wedlock for six months is a breastfeeding child, and the divorce between the two parties shall be supported by the woman, and when the child is able to take care of himself independently, the ownership of the child shall be negotiated separately by the man or the woman.

Such a young child, must be given to the mother, of course, if the mother is ruthless not to have custody, then to the father, the Civil Code for this kind of divorce is that the mother has the right to choose custody first, unless she has no ability to raise, has mental illness, etc., such a situation is not suitable for raising children, to the father to give priority.

Generally speaking, the child is still in the lactation stage, and this will be awarded to the mother, because at this time, the mother's companionship and care are most needed.

Therefore, the six-month-old baby must be raised by the mother, and the other party must bear a certain responsibility for raising it.

At the time of divorce, the child is six months old, is breastfeeding, and the mother shall feed him, and the man shall bear the maintenance expenses.

If the divorced child is only six months old, of course it should belong to the mother, and the child is still breastfeeding.

If it is six months, it is generally not much to be divorced, and most of the true divorce is awarded to the mother, and the mother will be awarded to the man if she has great shortcomings.

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

Mother. The custody of the child for 6 months after the divorce is generally owned by the mother, and the mother can live with the father in one of the following circumstances:

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;

suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

For other reasons, the child is unable to live with the mother!

The child is under 6 months old, and the man is not allowed to file for divorce. If the woman files for divorce, the child shall be raised by the woman because the child is under the age of 2 and there are no special circumstances. The husband shall pay child support and make appropriate financial compensation. If the husband is at fault, he can claim damages at the time of divorce.

Legal basis: Article 1082 of the Civil Code stipulates that the man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Article 1084 of the Civil Code states that 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.

Article 1085 of the Civil Code provides that if a child is directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The obstruction of an agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1088 of the Civil Code provides that if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Feast on Pihu.

Article 1089 of the Civil Code provides that in the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1090 of the Civil Code provides that in the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 1091 of the Civil Code provides that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Note: The Civil Code will be implemented from January 1, 2021.

1. Yes, if it is an agreed divorce, the custody of the child, the maintenance fee, and the ownership of the property can be negotiated. 2. If you sue for divorce, you must sue the court. Judgments on the maintenance of children and the ownership of property.

In principle, children under the age of 2 generally live with the woman, and the man needs to pay child support. However, if the woman does not have the ability to take care of the children or is not conducive to the growth of the children, she can also live with the man, for example, the woman has mental illness or suffers from an illness that is difficult to **. If the man and the woman agree that the child under the age of two lives with the man, and there are no circumstances that are detrimental to the child's growth, and the man can also live with the man, then the woman will have to pay child support with her.

Maintenance is not exempted by agreement to exempt the child, because the parents are obligated to raise their children. "Civil Code of the People's Republic of China" Article 1082 The husband shall not file for divorce during the period of pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, except where the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.