If you leave after giving birth to a child for five days, will the custody of the child be awarded t

In the case of divorce, the above issues need to be analyzed on a case-by-case basis, and the court will make a judgment in accordance with the law in accordance with the principle of benefiting the rights and interests of the children.

1. [Judgment Principles for the Attribution of Child Custody].

In accordance with the principles of national law, the ownership of child custody is based on the principle of benefiting the rights and interests of minor children. After all, children are innocent, and the issue of child support cannot simply consider the interests of the parties, and the most important thing is to weigh the interests of the healthy growth of minor children, and the basic interests of minors must be protected.

2. [Provisions on child custody in the Opinions of the Supreme People's Court on the issue of child support].

Article 1: 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 incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) 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;

3) The child is unable to live with the mother due to other reasons.

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 3: For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

Article 4: The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

Article 5: In the event of a dispute between the parents over the age of 10 concerning the presence of a minor child over the age of 10 with the father or mother, the opinion of the child shall be taken into account.

According to your situation, the man will not rob you, because he has no sense of responsibility, so he has to ask for it!

The court will consider it on a case-by-case basis.

If the child is not yet breastfeeding, the child should be awarded to the woman.

If the man has left, he should be an irresponsible person.

The court will determine which parent is suitable for custody based on the performance of both parties, and the newborn child will be more biased towards the woman.

How old the child is, whether the man's environment is good or the woman's environment is good, the woman has the right to visit the man's child.

If the woman can provide a better environment and conditions for the child's growth than the man, it is more conducive to the child's growth. (If the child is over 10 years old, the child should be consulted.) ）

If you can create a better environment for your child, and your child is willing, it should be possible, but you need to go through some procedures.

In cases where the two parties cannot negotiate a settlement, the people's court is to properly resolve the matter based on the specific circumstances such as the parents' ability to raise and the conditions for raising them, mainly from the perspective of benefiting the children's physical and mental health and protecting the children's lawful rights and interests. The woman will have a great advantage in fighting for custody if the child is two years old and generally lives with the mother.

2) If the two parties are over 10 years old and have a dispute over the ownership of custody, the opinions of the child shall be considered. (3) For children between the ages of two and those under the age of ten, the circumstances in which the woman may give priority to child custody are as follows: 1. The woman has undergone sterilization or has lost the ability to have children due to other reasons; 2. The child has lived with the woman for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; 3. The man has other children; (4) If the husband is at fault for the breakdown of the relationship between the husband and wife, the child is more likely to be awarded to the woman.

5) The man has bad habits, such as gambling, alcoholism, and other vices. The court will usually award the child to the woman. To sum up, if the woman wants to fight for custody, the above factors should be taken into account.

Finding what is in your favor and if there is still definite evidence, you will have a great advantage in the court's decision. Legal basis: Article 1 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by 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 child to live with him; 3) The child is unable to live with the mother due to other reasons. Article 5 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" provides that in the event of a dispute between parents over the age of 10 over a minor child living with the father or mother, the child's opinion shall be considered.

The custody issue affects the interests of both parties and their parents, and winning custody is not only a contest in court, but also a game of comprehensive strength of both parties.

Hello, generally the child less than two years old is awarded to the mother, more than two years old, according to the child growth is conducive to the judgment of the party.

Custody may go to the woman:

In the following cases, it is more likely that the court will award custody of the child to the woman.

1. Children under the age of two generally live with their mothers. This is mainly due to the fact that the child is still in early childhood and needs the mother's breastfeeding, and the mother is more considerate and caring for the child.

2. Although the child is over two years old, the woman has undergone sterilization and the man has not done it, and the age gap between the man and the woman is not very large, and the child is more likely to be awarded to the woman.

3. The child has been living with the mother, and if the divorce changes to live with the father and the living habits of the child are greatly changed and affect their growth, the child is more likely to be awarded to the woman.

4. Under the premise that the relationship between the husband and the woman is not large, such as the degree of job stability and the income gap, if the man is at fault for the breakdown of the relationship between the husband and wife, for example, there is evidence to prove that there is an extramarital affair, etc., the child is more likely to be awarded to the woman.

5. The man has bad habits, such as gambling, drinking and other vices. Considering that the abuse has a detrimental effect on the child's development, the court will generally award the child to the woman.

6. If both men and women have no obvious fault, and the conditions are comparable in all aspects, if the woman's ideological quality is better and she has more time to take care of the child, the possibility of getting custody of the child will be greater.

7. Children over the age of 10 live with their mothers at will.

In general, parents are the direct guardians of the child, and the opinions of the grandparents and maternal grandparents have no direct impact on the ownership of the child's custody. However, if both parents are busy with work and other conditions are equal, the advice of the grandparents or grandparents who care for the child can be useful.

Nanjing professional divorce lawyer Xu Naiyi will answer for you:

In divorce cases, the favorable conditions for the wife to raise the children are:

(1) Children under the age of two generally live with their mothers;

(2) Those who have undergone sterilization or have lost their fertility due to other reasons;

(3) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;

(4) There are no other children, and the other party has other children;

(5) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child;

(6) The conditions for raising the child are basically the same, but the child has lived alone with the maternal grandparents for many years, and the maternal grandparents request and have the ability to help the child take care of the grandchild;

(7) Children over the age of 10 voluntarily request to live with their mothers.

In response to the above conditions, the woman can prepare evidence from the following nine aspects in order to fight for child custody:

(1) Child's household registration certificate or birth certificate, the child is under two years old;

(2) A diagnosis certificate issued by a medical institution that the woman has undergone sterilization or has lost her fertility;

(3) Proof that the child has been living with the child for a long time and is concerned about the child's life and education;

(4) Proof that the other party has other children (such as the children on the household register);

(5) Diagnosis certificate issued by a medical institution that the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time;

6) The other party has drug abuse, gambling, alcohol abuse and other vices, or has evidence of abuse that is not conducive to the physical and mental health of the child;

(7) Proof that the child has lived alone with his grandparents for many years, and that he or she is required by the grandparents and has the ability to help take care of the grandchild;

8) Proof of the child over the age of 10 who wants to live with the mother (the court will usually ask for it separately);

(9) Proof that the woman has the corresponding ability to work and financial income.

When divorcing, they are concerned about who the child should belong to, so how to fight for the custody of the child?

If the divorced woman wants to fight for the custody of the child, first, it depends on the size of the child, whether she has the ability to express independently, if the child is too young to express, the probability of being awarded to the woman for custody is generally high; Second, we should start from protecting the best interests of the child and refer to the child's wishes; Third, it depends on the comparison of their respective raising capabilities.

There is a trick that divorce lawyers don't even know. As long as you do it, you can win custody of the child, so consult the Weng Yu investigation team for details. Their methods are more effective than lawyers.

In this regard, the court mainly respects the child's choice, as long as the child is close to the mother, it is basically awarded to the mother, if it is close to the father, it is dangerous, and it is best to go to the lawyer's office for consultation.

In judicial practice, the court mainly considers the following factors in determining the ownership of child custody:

1. The work and salary income of both parties.

2. Education level.

3. Take care of the time spent with the child.

4. Changes in the child's living environment after the judgment is handed down.

5. The ideological quality of one party, because the ideological quality of the parent who directly raises the children will directly affect the healthy growth of the next generation.

For 10-year-old children, the court will listen carefully to their opinions when dealing with the issue of custody and make a record of it. Before or during the divorce, it is particularly important to do a good job of the child's ideological work so that the child is willing to live with him.

Explain that you will do more good than harm to your child's growth.

Bigger. Generally, it will be given to the woman, unless the woman's economic conditions are too poor or too poor, which is not conducive to the growth of the child.

The chances of the woman are relatively high, and the court will generally award custody to the woman.

Yes. The court has long ruled that way. Generally, it will be awarded to the parent with the child, which is conducive to the child's continued growth. And will be awarded to mothers in general, to protect the requirements of the vulnerable. Unless it can be proved that the woman is at fault with the child, such as abuse.

Emotional discord and preparing for divorce'But they all want children'The woman has been at home with the children, so she has no job and no housing'The man has a job and good housing'The child and the woman have a good relationship'The child is two years old.

Civil litigation follows the principle of plaintiff to defendant, if the man is not declared missing by the court, the woman can directly file a lawsuit in the basic people's court where the man's household registration is located.

You can sue for alimony in the child's name.

Lawyer Hou Jianhuai.

You can go to the local people's court to file for divorce.