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I would like to ask you, is the child your own? If biological, why is this question asked? If you feel that you can't work with your children, you can discuss with your child's grandparents if they can help you take care of the child, but you will pay for the living expenses.
If they agree, you solve the problem, and if they don't, don't complain about them, because the child is not born by them, but by you. They have no responsibility and obligation to take care of their grandchildren.
But you can ask the child's father to take care of him, because the child is his, and he has the responsibility and obligation to raise and care for and educate the child. So don't kidnap your child's grandparents in the name of family affection.
I don't know who the children will be when you get divorced. If it is yours, I think it is better to support yourself, which can enhance the child's sense of security and belonging, which is very important for his voice and may directly affect his outlook on life and happiness.
As long as you really want to love your children well. I thought: no matter what problem you encounter, you can find a way to solve it. As a mother, this spirit can be brought into full play by every woman.
If you want to live selfishly and feel that it is not good to find a man with children, so send the children away to live the life you want. This kind of thinking seems a bit naïve, even if you find the man you like as you wish, but the child is not around, there will always be a thorn in your heart, and you can't feel truly happy.
Think the other way around: if a man really loves you, he won't mind having children around you. If he minds, it means that he doesn't love you at all. Think about it: a woman who doesn't even love her own children, who else will she love besides herself?
After all, every child wants their mother to give them a sense of security! If you can't afford your child's milk powder, your child's tuition, or your child's pocket money, in the eyes of your child, you are weak, and you can't bring a sense of security to your child! In that case, even if the child is by your side, what is the use of the child's growth?
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The child should not be sent back to the grandmother's house, if it is sent back to the grandmother, the child in the family will lack the mother's care from an early age, and it will not be good for the child's growth.
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No. It is better for children to be brought by themselves, and the concept of elderly people taking children is very different from that of young people.
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Depending on your own economic conditions, if you can, of course, you should keep your children around, which is better for your children.
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Legal Analysis: Custody generally belongs to the parents. If the grandparents accompany the milk to raise the child, it is recommended that the son fight for custody Lu Yichang's custody of the children is the custody of both parents, the parents have the right of custody, and the grandparents or maternal grandparents have the right to assist in the support, and only in special circumstances can there be direct custody.
The man can fight for custody of the child and let the man's parents help raise it. Grandparents cannot ask for custody of their grandchildren and granddaughters in their own name.
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 registration in person at the marriage registration authority.
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 husbands and wives requests a divorce, the relevant organizations may conduct mediation or directly initiate divorce proceedings in the people's courts.
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.
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Legal analysis: In the event of divorce, you can ask the other party for relevant financial compensation. According to the provisions, if a citizen feels that the other party has not performed the business of raising children during the marriage, he can request compensation from the other party, and if the two parties cannot negotiate, the people's court needs to coordinate the case.
Legal basis: Article 1088 of the Civil Code of the People's Republic of China Where one of the spouses bears more obligations due to the quiet raising of children, taking care of the elderly, assisting the other party in work, etc., the husband and wife have 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.
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According to Article 27 of the Civil Code of the People's Republic of China (Law), parents are the first legal guardians of minor children. When a minor's parents are deceased or have no capacity for guardianship, family members such as grandparents may serve as the legal guardians of the minor children. It can be seen that it is the legal obligation of parents to raise minor children, and even if grandparents raise grandchildren, it is only a gift of humanity and filial piety, and does not mean that it is a legal obligation to raise minors on behalf of adult children.
If an elderly person who has no legal obligation incurs economic losses (such as old-age pension, maintenance, maintenance and other expenses) in the process of raising his or her grandchildren on behalf of an adult child, the elderly person has the right to request the beneficiary (adult child) to reimburse the necessary expenses incurred in accordance with Article 121 of the Civil Code of the People's Republic of China (Law).
Civil Code of the People's Republic of China (Law).
Article 26: Parents have the obligation to raise, educate, and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them.
Article 27: Parents are the guardians of minor children.
Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1) Grandparents;
2) brother and sister;
3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
Article 121: Where there is no statutory or contractual obligation, a person who conducts management in order to avoid losses to the interests of others has the right to request that the beneficiary reimburse the necessary expenses incurred as a result. Do grandparents have the obligation to raise their children and grandchildren?
Article 1084: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.
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.
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In order to reduce the impact on the child, the principle is most beneficial to the healthy growth of the child.
Try not to affect the healthy growth of children because of parental divorce disputes.
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Summary. Hello dear, after the divorce, the custody of the child may be jointly exercised by one or more parents, and the parents who are granted need to bear the corresponding maintenance obligations, including providing living expenses, education expenses, medical expenses, etc., and your child's grandmother is willing to provide support such as living expenses, which is not required.
Hello dear, after the divorce, the custody of the child may be exercised by one of the parents or the multiple parties before the Zen ex-Zen, and the parents who are granted need to bear the corresponding maintenance obligations, including providing living expenses, education expenses, medical expenses, etc., and your child's grandmother is willing to provide support such as living expenses, which does not need to be given.
Hello dear, after your divorce, the court awarded the child to the child's grandmother, and the living expenses are borne by the grandmother herself.
Hello dear, after the divorce, both parents still have a legal obligation to support them, and they cannot completely rely on other people such as the child's grandmother to bear the responsibility of raising them.
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Legal Analysis: Grandparents cannot fight with the child's parents for custody of the child.
Legal basis: Article 27 of the Civil Code of the People's Republic of China The parents are the guardians of minor children.
Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:
1) Grandparents;
2) brother and sister;
3) Other individuals or organizations who are willing to serve as guardians, but must have the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.
Article 28: Adults who lack or have limited capacity for civil conduct are to be the guardians of the following persons with guardianship capacity in order:
a) Spouse; 2) Parents and children;
3) Other close relatives;
4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's residence.
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Divorce with children at home can claim compensation. If one party has fulfilled the obligation to raise children or take care of the elderly during the marriage, then the other party needs to pay corresponding financial compensation at the time of divorce. The two parties may negotiate the compensation method, and if the negotiation fails, they may file a lawsuit with the court.
Article 1087 of the Civil Code, which came into effect in 2021, provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; When an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property, make a judgment 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, which came into effect in 2021, 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. The above is my answer to this question, I hope it helps you, thank you.
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