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1. The child is less than two years old.
If the child is less than two years old at the time of divorce, the law stipulates that the child generally lives with the mother after the divorce, considering that the child is smaller and more in need of the mother's care, and some may still be breastfeeding.
However, if the mother has special reasons and is actually unable or unwilling to raise the child, she may live with the father. Special reasons mainly refer to: the mother suffers from an infectious disease or other serious disease that cannot be cured for a long time, and the mother has the conditions to support and does not fulfill the obligation to support the mother.
2. The child is over two years old.
If the children are over two years old at the time of divorce and both parties are fighting for child custody, the court shall consider the circumstances of both parties equally to see which party the children live with is more conducive to their growth.
1) If the child has been with one of the parents for a long time and has more affection for this parent, the child should live with this parent;
2) If a child has lived with one of the grandparents or maternal grandparents for a longer period of time, or has a deep relationship with him, it can also be used as a reason to decide whether the child lives with the father or the mother.
3) If one of the parents suffers from a long-term infectious disease, or has a situation that is not conducive to the physical and mental health of the child, such as drug abuse or theft, then the child is naturally not suitable to live with him.
4) Also consider which parent needs the child more. For example, if one of the spouses has been sterilized or has lost the ability to bear children, then priority should be given to that spouse when there are no disadvantages in raising the child; In another example, if one party has no other children and the other party has other children, priority should be given to the former.
3. The child is over 10 years old.
Minor children over the age of 10 are persons with limited capacity for civil conduct and have a certain ability to distinguish between right and wrong, so in divorce cases, the personal wishes of the children should be taken into account when dealing with the issue of who the children live with. However, this does not mean that minor children over the age of 10 can choose who to live with at will, and the court will generally consider the opinions of the children when the father and mother are fighting for custody and both parties have the conditions to raise the child.
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Hello, the child grew up in his grandmother's house, and may be closer to his mother, and the mother's side may have more advantages, but it still needs to be judged comprehensively in combination with other factors. The first thing to consider is the age of the child. At the time of divorce, the child under the age of two should be with the mother in principle, and the child between the ages of two and eight should be comprehensively determined by considering the various circumstances of both parties.
Children over the age of 8 will be respected. Summarizing the experience of past litigation, the lawyer believes that the main factors considered by the court when determining the ownership of child custody include the parents' financial ability, educational background, children's original living environment, grandparents' educational background and willingness to raise children. In general, it is conducive to the healthy physical and mental growth of minor children is the general principle for determining the ownership of child custody.
Article 1084 of the Civil Code: 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 a child has reached the age of 8, his or her true wishes shall be respected.
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It depends on whether the child is an adult, and if there is a choice, the child's wishes need to be respected. If it is a minor, it just depends on who to live with, which parent can give the child more education, economic time, etc. It is enough to believe that both parents are loved.
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The child grew up in his grandmother's house, and when he got divorced, he was better with the child.
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I grew up in my grandmother's house with my mother.
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Legal analysis: The relationship between parents and children is not eliminated by the divorce of parents. After the divorce is married, the child is still the child of both parents, regardless of whether it is directly raised by the father or mother. After the divorce, parents still have the right and obligation to raise and educate their children.
That is to say, although the two parties are divorced, but as the legal caretaker of the child, they both have the right and obligation to raise the child, if the two parties cannot discuss the issue of child custody, then it can be resolved through litigation, 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.
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If the child has been living with his grandmother since he was a child, then the custody and custody of the child need to be considered in the event of a divorce. Chinese law stipulates that no matter who the child lives with after divorce, both parents have the right and obligation to raise and guardianship, and the time and responsibility of custody and guardianship can be agreed upon according to the actual situation, the law and the wishes of both parties, or resolved through a court judgment. If the parties cannot reach an agreement, the court will make a judgment based on the best interests of the child and determine the ownership of custody and custody.
In short, the custody and custody of children in the event of divorce are formulated according to the actual situation and the provisions of the law, and reasonable arrangements need to be made according to the specific circumstances.
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It doesn't matter who brings this, after the divorce, the custody of the child between the two of you must be judged by the court, if both people want the child, then the final thing is to be judged by the court, and the two of you can also discuss it with each other.
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The child has been brought to his grandmother since he was a child, and if he is divorced, it depends on the communication between the parents, and the child is your own, don't expect the old man to look at the child, you don't care about yourself, one party must set the child support for the other party, and you must also take the time to see the child, after all, divorce is harmful to the child.
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It is decided according to the size of the child, if the child is older, I believe that the child's opinion will be respected, and the child is willing to follow whom, then the possibility of following is more sensitive.
If the child in Fuzhou is relatively young, then it depends on which of the two parties has better economic conditions to give the child a better life, and under normal circumstances, the party with better economic conditions is more likely to get the child.
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The question of the ownership of the children after the marriage of Chi Qiaoyan is usually judged by the court according to local laws and specific circumstances, and has nothing to do with who will take care of the children from an early age. Therefore, Kuandou cannot simply judge which side the child belongs to after the divorce based on the fact that the child has been brought to his grandmother since he was a child.
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Legally speaking, the child is the joint responsibility and obligation of the parents, and both parents should be responsible for the child's upbringing and education. If the child is given to the grandmother from an early age, who will get custody of the child after the divorce needs to be based on the legal process of smiling and rushing the bridge
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When a couple divorces, who will the child be awarded to? It is a student who needs to consider many aspects comprehensively. For example, the character of the parents, the economic conditions, etc., in short, we should consider the perspective that is conducive to the growth of the child.
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Summary. If my answer is helpful to you, please give a thumbs up (in the lower left corner), I look forward to your like, your efforts are very important to me, and your support is also the motivation for my progress.
The child has been divorced from his grandparents since he was born, and he is better with his father or mother.
Dear, from the perspective of the child's parenting process, I think it is better for the child to return to the mother. Because when the child is young, he is also brought up by his grandparents, and the relationship is naturally closer, and the mother is the closest person to the child's growth and upbringing. The mother can understand the child's mood best, and of course it will be more helpful for the child's development and future growth.
If my answer is helpful to you, please give a thumbs up (in the lower left corner), I look forward to your like, your efforts are very important to me, and your support is also the motivation for my progress.
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Hello, dear, I am asking the legal consultation substitute teacher, I am happy to answer for you! The child's grandparents do not have the right to visit, and the law only stipulates that after the divorce, the parent who does not directly raise the child has the right to visit the child, 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 visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared. Legal basis: Article 1086 of the Civil Code provides that after 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 visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared. Dear, I hope mine is helpful to you, and I wish you a happy life!
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Summary. My dear, is it a single-parent family to live with my grandmother and grandfather since I was a child? First of all, if your parents are divorced, then no matter who you live with, then you belong to a single-parent family, because your parents are not together, it is a single-parent family.
Secondly, if you live with your grandparents, you are also a child of a single-parent family, because in our life, if your parents are not divorced together, then the children belong to a single-parent family.
My dear, is it a single-parent family to live with my grandmother and grandfather since I was a child? First of all, if your parents are divorced, then no matter who you live with, then you belong to a single-parent family, because your parents are not together, it is a single-parent family. Secondly, if you live with your grandparents, you also know that you are a child of a single-parent family, because in our life, if your parents are not divorced together, then the children belong to a single-parent family.
No matter what life throws at you, I hope you live happily and I hope you will always be happy.
China's current household registration management can be said to be loose and orderly. Your husband's household registration is in your grandmother's house, and you can move back to your village to set up a household, you only need to bring all the required relevant information to the household registration department of the local police station.
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