Divorce of parents, custody of children, do parents divorce custody of children

There are two situations in which child custody is determined after a parent's divorce.

111 Breastfeeding children (i.e., children up to two years of age).

After divorce, the child who is breastfeeding shall be raised with the nursing mother. "This is because breastfeeding is best for the growth and development of the baby. In the interests of the baby's growth and development, after the divorce of the husband and wife, all children who are breastfeeding should be raised by the nursing mother in accordance with the law.

But in real life, there are also many children who are born without breastfeeding. In such a situation, when the couple divorces, how to determine the custody of the child? The judicial interpretation stipulates that children under the age of two generally live with their mothers.

However, if the mother has any of the following circumstances, she may also live with the father:

First, the mother suffers from an incurable infectious disease or other serious disease, and the child is not suitable to live with her; Second, the mother has the conditions to support the child and does not fulfill the obligation to support her, and the father requires the child to live with him, and there is no adverse impact on the healthy growth of the child; Third, the child is truly unable to live with the mother for other reasons, such as the mother's financial ability and living environment are obviously unfavorable to raising the child, or the mother's misconduct is not conducive to the child's growth, or the child cannot be raised after being sentenced to a prison sentence for breaking the law or committing a crime, etc.

222 Minor children over the age of two,,, if your child is not, I will not talk about it.

In general, the standard of child support is probably.

The standard of maintenance is generally paid at the rate of 20 to 30% of the monthly salary income, and the maintenance fee should be paid on a regular basis, and can be paid in a lump sum if conditions permit.

If the woman's living conditions are poor and she is unable to raise a child, the child can follow you.

If the woman does not give up custody, you should have no chance of winning!

Summary. Hello, glad to answer for you. <>

The law firm can draft a divorce agreement to award custody of the child to the father, but it is necessary to provide evidence to prove that living with the father is more conducive to the healthy growth of the child in the future. After the birth of the baby 2 years old, it can be awarded to the father. Children under the age of two generally live with their mothers.

After the divorce, whoever has custody of the child will go with the child's household registration; Children under the age of 18 need their parents to handle the migration of household registration on their behalf; If the child reaches the age of 18, he can handle the transfer of household registration by himself; Those who are over 18 years old can go to the police station with their ID cards and household registration booklets.

Custody of children from parents who divorce.

Hello. What exactly is the problem of pro? Can you describe your problem in detail? Tell the teacher in detail so that the teacher can better help you.

I would like to ask, my parents divorced when I was in the sixth grade of elementary school, but they said they didn't go to court.

I'm already in college, I'm an adult.

I would like to ask, what about my custody in the future?

Dear, who are you living with now? <>

I now live alone and live in the university.

My father spent the most for me.

My mother didn't spend much money on me, and then she didn't treat me very well.

Dear, did your parents follow your father after they divorced? <>

And then what do I do now?

Is there still a legal way to go through this situation?

You want to go through the legal route, get them to divorce legally, and then give me custody to my father.

I just want to take a walk.

Yes. Hello, glad to answer for you. <>

The law firm can draft a divorce agreement to award custody of the child to the father, but it is necessary to provide evidence to prove that living with the father is more conducive to the healthy growth of the child in the future. After the birth of the baby 2 years old, it can be awarded to the father. Children under the age of two generally live with their mothers.

After the divorce, whoever has custody of the child will follow the child's confessional household registration; If the child is under the age of 18, the father needs to talk to the mother to handle the relocation of the household registration with ruler management; If the child reaches the age of 18, he can handle the transfer of household registration by himself; Those who are over 18 years old can go to the police station with their ID cards and household registration booklets.

If you say that after you give it to your father, do you need to support your parents in the future?

Dear, yes. <>

Legal Analysis: The custody of children after divorce can be decided by both parties at the time of divorce. If no agreement can be reached, the court will usually consider the following factors when making a decision:

(i) Children under the age of two years shall be raised directly by their mothers. (2) For children who have reached the age of two, the people's court shall make a judgment in accordance with the principle of the best interests of the minor children on the basis of the specific circumstances of both parties. (3) Where a child has reached the age of 8, his or her true wishes shall be respected.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China: 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 quietly raised by the father or directly by the 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 the child Yanming is already 8 years old, his true wishes shall be respected.

Legal Analysis: According to the relevant judicial interpretations, the custody of the children can be jointly owned by the husband and wife in the event of divorce, and it may be permissible if the parents agree to take turns raising the children on the premise that the friendship is conducive to protecting the interests of the children.

Legal basis: Marriage Law of the People's Republic of China

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 38: After a 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.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

1. Article 36 of the Marriage Law stipulates that after divorce, the children who are breastfeeding shall be raised by their breastfeeding mothers in principle. If there is a dispute between the two parties over the custody of a child after the breastfeeding period and no agreement can be reached, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

2. The judicial interpretation stipulates that children under the age of two generally live with their mothers. However, if the mother has any of the following circumstances, she may also live with the father:

First, the mother suffers from an incurable infectious disease or other serious disease, and the child is not suitable to live with her; Second, the mother has the conditions to support the child or does not fulfill the obligation to support her, and the father requires the child to live with him, and there is no adverse effect on the healthy growth of the child; Third, the child is truly unable to live with the mother for other reasons, such as the mother's financial ability and living environment are obviously unfavorable to raising the child, or the mother's misconduct is not conducive to the child's growth, or the child cannot be raised after being sentenced to a prison sentence for breaking the law or committing a crime, etc.

Since you are currently breastfeeding and there are no such unsuitable circumstances, the court should award you custody. It is also advisable to collect witness statements, such as relatives and neighbors.

But marriage is not a trivial matter after all, I still hope that you will communicate well before warning your husband, do not advocate to endure marriage, and you can't talk about divorce lightly.

Legal Analysis: After divorce, the child who is breastfeeding shall be raised by the breastfeeding mother. If the two parties cannot reach an agreement due to a dispute over custody of a child who has been breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

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 husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.