Parents divorced, who is the 13 year old boy doing well?

Parents divorced, who is the 13-year-old boy doing well?

As long as you are willing to follow you, you can choose whom, you have a choice, if you like to live with your mother, then choose to be with your mother!

A 13-year-old already has the ability to make his own judgments, so the best choice for his child is to let him make rational decisions on his own. The choices he makes are more conducive to his own growth. You want to make the divorce cause as little harm to the children as possible.

Here are a few things to keep in mind:

1. Let the child know that the divorce of his parents is due to the fact that the relationship between the parents cannot continue due to some personal reasons, and he does not need to bear any responsibility for this matter.

2. Let the child understand that no matter what the relationship between the parents is, both parties love him very much; No matter who he is with, his parents will give him the same love and will always continue to love him.

3. Let children understand that the divorce of parents does not mean that there is no true love in the world, let alone that there are no reliable people in the world, but not everyone is suitable to be together.

In fact, I personally am very opposed to the divorce of parents, because the most seriously injured is the child, the child is not good with anyone, it is best to be with this parent, if it really comes to the state of divorce, it is better to be with the father, it is helpful for the child's male education, and the probability of the child becoming feminine is smaller.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

The father is a little better than the mother (personal feelings vary from person to person).

It depends on which parent is better, and it also depends on what the boy wants to follow.

Legal analysis: No, because they are minors, they must have adult guardianship, 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.

In the case of divorce, the people's court should consider the circumstances of both parties for a 13-year-old boy, and then decide who to award to the child based on the child's circumstances.

Article 1084 of the Civil Code stipulates: "The relationship between parents and children shall not be extinguished by the divorce of 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 eight, their true wishes shall be respected. ”

If the parents fail to reach an agreement on a 13-year-old boy at the time of divorce, the people's court shall make a judgment. However, if the child is 13 years old, the people's court will also ask the child's opinion to see who the child is willing to live with, and if the child is willing to live with one of them, and at the same time the party has the ability to support the child and will not adversely affect the child, the people's court shall award to that party.

1. Child support.

Article 1085 of the Civil Code stipulates: "After divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance. 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 for the amount originally set in the agreement or judgment when necessary. ”

When the parents divorce, the parent who does not directly raise the child shall bear the child's maintenance, and then the amount of the cost and the length of the period can be agreed by both parties, and if the two parties cannot reach an agreement, the maintenance shall be determined according to the local standard of living, the actual expenses of the child, and the parents' economic situation.