On the issue of raising children after divorce

Article 36 of the Marriage Law 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 child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after 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.

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 of the expenses 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.

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.

Judging from the situation of the problem, the woman's economic situation may not be as good as that of the man, so the woman can negotiate with the man to solve it. Your own children, more to give more, less to give less.

It should be half for husband and wife.

Unless the man doesn't want you to pay.

However, giving up alimony can also have sequelae! For example, not allowing you to have more contact with your children, etc.!

When your child grows up, he'll blame you, right?

Weigh it yourself!

Of course, the strength of the other party is the other's, and the woman's maintenance is the woman's obligation. If the man makes it clear that he doesn't need you to come out, he can not go out.

Legal analysis: If the husband and wife cannot reach an agreement on the custody of the child, the people's court shall make a judgment in accordance with law. For children under the age of two, custody is awarded to the mother in principle.

For children who have reached the age of two, the people's court will make a judgment based on the comprehensive circumstances of both parents and in accordance with the principle of the best interests of the children. For children who have reached the age of eight, the people's courts shall also respect their true wishes before making a judgment.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China 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 the mother.

After the divorce, the father and the mother still have the right and obligation to raise, educate and protect the 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 shall make a judgment based on the specific circumstances of both parties and in accordance with the principle that the Sakura clan is in the best interest of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

Legal analysis: According to the provisions of the Civil Code, if the parents agree to take turns raising the child on the premise that it is conducive to protecting the interests of the child, it may be allowed. It is possible to co-parent the children after the divorce.

On the issue of child support, the court judgment is based on whether it is conducive to the growth of the child, and after carefully confirming the situation of both parties, the judgment will not necessarily be one for one person, and if it can prove that it is more advantageous for the two children to follow the mother or father, the court will rule that the party who is more conducive to the growth of the child will raise the child. However, the child during breastfeeding is generally awarded to the woman for support.

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 circumstances listed below, 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 child support after divorce, if the child is under the age of two years, the child shall be raised by the mother directly in principle, and shall be raised by the woman; For children who have reached the age of two, the two parties shall first negotiate, and if the negotiation fails, the people's court shall determine the ownership of custody rights based on the actual circumstances of both parties, and from the perspective of benefiting the children's physical and mental health and protecting the children's lawful rights and interests.

[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 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.

1. The comprehensive quality of both husband and wife.

In daily family life, the characteristics of parents, such as treatment of others, life philosophy, moral character and enthusiasm for learning, always affect their children, so the parent seeking custody should try his best to show these advantages he or she has. For example, provide proof of educational experience, honorary certificates issued by the unit, evidence that the other party has been punished by the unit for violating discipline and regulations, and that violations and crimes have been dealt with.

2. The ability of both parties to support each other.

The court confirmed that the support capacity of the parties mainly depends on two aspects: first, the financial capacity of the parties; The second is the family environment of both parties, including the situation of family members. If the person concerned has sufficient financial strength and can provide a good learning and living environment for the child, it is very beneficial to fight for custody.

If there are also healthy parents in the family who are able to take care of the children, this will also need to be explained to the court. The parties can provide their own employer's salary certificate and tax payment documents, and the operating company can also provide the company's business license and proof of business situation, and they can also let their parents appear in court to explain.

3. Children's opinions.

If the child has reached the age of 10, the person concerned should seek the child's opinion, and as long as the child does not insist on following the other party, the person concerned can do the child's ideological work. For the child's opinion, only the child is required to write a written opinion, and the other party will raise objections, and the judge will generally talk to the child alone in this case, listen to the child's opinion, and make a written record of it. The child's opinion is very important in deciding the custody issue, but from the perspective of being conducive to the healthy growth of the child, it is recommended that parents explain the pros and cons to the child and help the child make an objective and wise choice, but the child must not be forced to make a choice.

If both parties want children at the time of divorce, for most people it is out of love for children, but the divorce itself is because of the discord between the husband and wife, the two parties will not be able to control their emotions when they see each other, quarrel in front of the children, and even some people directly snatch the children. It is recommended that both parties to the divorce find relatives and friends or directly entrust a lawyer to negotiate with each other to avoid the possibility of quarrels and reduce the pairing.

Injuries to children.

If the child is over two years old, it is more likely that the child will be sentenced to be raised by your brother.

Generally, the court decides that custody is mainly conditional on being conducive to the growth of the child, depending on whose conditions are better and who is more conducive to the growth of the child.

1. If the husband and wife fail to reach an agreement on the issue of child support, the court will award the child to the party who is conducive to raising the child.

2. If the party does not directly raise the child, the court will also award the payment of child support according to the local economic level and the level of salary income.

Since you call them brother and sister, and not brother, sister-in-law or sister and brother-in-law, it means that they are all worthy of your respect, in fact, if you can persuade them, it is best to reunite with the family, divorce is the greatest harm to the children, generally to the court, the court must hope to award the child to the party with strong support ability, and the other party will pay a certain amount of child support according to its actual economic ability.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. 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, which is generally between 20 and 30% of the annual income.

The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the 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. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; In the case of divorce by litigation, the lawsuit is filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, and the lawsuit is generally 6 months in the first instance and 3 months in the second instance. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

If the situation changes, this is okay.

Gods and horses are all floating clouds, and there is wood and !! to ask about feelings

Marriage is risky, and divorce should be done with caution.

Yes, even after the divorce, any non-custodial spouse will have to bear a certain amount of alimony, and if they cannot negotiate with each other, they can ask the law for assistance.

It's useless, either you go to negotiate, and it's even more difficult to get it after an appeal, and people have already paid it in a lump sum.