It s been more than 4 months since I divorced, and I want my children back, is it okay?

The Supreme People's Court stipulates that children under the age of two generally live with their mothers. However, the relevant provisions of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts" stipulate that a breastfeeding child refers to an infant under the age of two years, that is to say, when the court hears a divorce case, the child under the age of two shall, in principle, make a judgment to be raised by the woman, but the principle does not exclude exceptions, according to Article 1 of the Opinions. In any of the following circumstances, the mother may live with the father.

1. Children suffering from infectious diseases or other serious diseases that have not been cured for a long time should not be allowed to live with them.

2. There are conditions for raising but the obligation to support the child is not fulfilled, and the father requires the child to live with him, 3. For other reasons, the child is truly unable to live with the mother.

In your case, the child should be hers.

However, Article 2 of the Opinions stipulates that if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be allowed.

For minor children over the age of two years, when the conditions for raising the child are basically the same as those of the mother, the child has lived alone with the grandparents or maternal grandparents for many years, and the grandparents request and have the ability to take care of the grandchild, it may be considered as a priority condition for the child to live with the parent or parent.

So, you don't have much hope of fighting for custody of your child!!

It's unlikely, are you a woman or a man, if it's a woman, it's still possible, because the child may need breast milk when it's young, or something like that, the general law will consider

It's been so long, do you think the man will give you the child, and if you want to come back, unless the man agrees, it will be difficult for you to pass the law.

It's hard to say, you can communicate and negotiate with your ex-husband to see if he is willing to give the child to you.

Probably not, because now that the child is still young, it is more beneficial for his growth to follow his mother.

Breastfeeding will be awarded to the mother, wait until the child is older!

It's difficult, children under 2 weeks old are generally with their mothers, unless you have reason to convince the court to prove that the child is not doing well with her, or to prove that you are no longer able to have children.

Your current basic situation is that you can't do it, because the change of custody rights must be a major change in the custody conditions of both parties, and you obviously are not.

The child is still young, and it must be with the mother, you have visitation rights.

It's not good to ask for it at this time, the child should be awarded to the woman at that time.

Legal analysis: After divorce, the children can still come back, but certain conditions must be met. If both the man and the woman agree by agreement, custody can be changed.

If only one party requests a change of custody, a lawsuit can be filed in court, but the following legal conditions must be met: the parent living with the child is unable to continue to raise the child due to severe disease or disability; The parent living with the child does not fulfill the maintenance obligation or abuses the child; Minor children over the age of 10 who are willing to live with the other party, etc.

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

Article 15: After divorce, if one party requests a change in the child support relationship, or the child requests an increase in child support fees, a separate lawsuit shall be filed.

Article 16: Where one party's request to modify the child support relationship has any of the circumstances listed below, it shall be supported. (1) The party living with the child 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 psychological health; (3) Minor children over the age of 10 who are willing to live with the other party, and that party has the ability to support them; (4) There are other legitimate reasons that need to be changed.

Article 17: Where both parents agree to modify the child support relationship, it shall be permitted.

Legal analysis: If you meet the conditions, you can apply for a change of custody. In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

The parent living with the child is unable to continue to raise the child due to serious illness or disability; The parent living with the child does not fulfill the obligation to support the child or abuses the child, or the parent living with the child has a real adverse impact on the child's physical and mental health; A child who has reached the age of 8 and wishes to live with another parent who is able to support him/her; There are other valid reasons for the change.

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' intention to divorce voluntarily and the unanimous opinions of the Xiekai Town Cooker on matters such as child support, property and debt disposal.

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.

After the people's court has ruled that the divorce is not allowed, and the parties have been separated for one year or more, and one party files a divorce lawsuit again, the divorce shall be granted.

Legal Analysis: The custody of the child can be resolved by agreement or litigation. The two parties may first negotiate to determine the ownership of custody, and if the negotiation fails, they can file a lawsuit in the court, and the court will make a judgment.

Generally, children under the age of two are directly raised by the woman, and those over the age of two are more conducive to the child's growth. The parent who does not directly support the child needs to pay the corresponding child support. 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 raising children, 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 children. Where children have reached the age of 8, their true wishes shall be respected.

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

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.

Article 1085:After divorce, where children are directly raised by one party, 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 agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent when necessary to exceed the amount set by the agreement or judgment of the original family.

The children can still come back after the divorce, but Bi Zuliang must meet certain conditions. If both the man and the woman agree by agreement, custody can be changed. If only one party requests a change of custody, then a lawsuit can be filed in court, but the following statutory conditions must be met to sue for a change of custody:

The parent living with the child is unable to continue to raise the child due to serious illness or disability; The parent living with the child does not fulfill the maintenance obligation or abuses the child; Minor children over the age of 10 who are willing to live with the other party, etc.

1. Conditions for changing custody.

1. The parent living with the child is unable to continue to raise the child due to serious illness or disability.

If one party is sick or disabled, it will inevitably affect the education and care of the child, and from the perspective of the child's growth, it is not "how to change custody?" Rather, it is necessary to change the custody of the child.

2. The party living with the child does not fulfill the obligation to support the child or has abusive behavior, or the party living with the child has an adverse impact on the child's physical and mental health.

Some parents fight for custody when they divorce, not to create better living conditions for their children, but only to divide property or to achieve the purpose of revenge. Once the goal is achieved, they ignore the children, do not fulfill their own support obligations, and some even beat and abuse the children. In this case, how do I change custody?

The other parent who is concerned about the child's upbringing can request a change in custody of the divorced child. However, a change in custody does not require a redivision of the original joint property.

3. Minor children over the age of 10 who are willing to live with the other party.

Minors over the age of 10 are persons with limited capacity and may engage in civil activities related to their age. When parents divorce, the opinions of the children shall be heard on the ownership of custody of children over the age of 10. If the child is under the age of 10 at the time of divorce, and after a few years, if the child clearly expresses his willingness to live with the other party, he can apply for a change in the custody of the divorced child.

4. There are other legitimate reasons that need to be changed.

2. What are the conditions for changing custody?

1. If the parent living with the child is unable to continue to raise the child due to serious illness or disability, the ability to support the child is insufficient and cannot continue to raise the child;

2. If the party living with the child does not fulfill the obligation to support the child or abuses the child, or if the party living with the child has an adverse impact on the child's physical and mental health, the party with custody remarries or has other children to be supported and cannot concentrate on raising the child, or abuses the child, the party without custody may apply for a change of custody in order to ensure the child's livelihood;

3. Minor children over the age of 10 who are willing to live with the other party and who have the ability to support the child may change the custody right if the subjective wishes of the child are respected and the child has the ability to support them;

4. If there are other legitimate reasons that need to be changed, such as the two parties agree to change the custody rights through consultation, they can apply for modification.

As long as any of the above conditions are met, the court shall support the request for a change of custody rights.