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After divorce, breastfeeding children generally live with the woman; If the two parties cannot reach an agreement due to a dispute over custody, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.
According to the Marriage Law of the People's Republic of China:
Article 36: The relationship between parents and children is not extinguished by the divorce of 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.
According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":
When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:
1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she can live with her 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.
2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
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.
4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.
6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.
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I don't know, how can you give birth so well, if you get divorced, the child must be the victim, but it can't be avoided, I can only say how to deal with it to minimize the damage
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If you have three children who want to divorce, you can use these two methods to divorce: 1. Divorce by agreement, both parties voluntarily divorce, sign a divorce agreement, and go to the marriage registration authority for divorce registration; 2. If one party goes to the court to sue for divorce, the court will decide whether to grant the divorce according to whether the relationship between the husband and wife has broken down.
Civil Code of the People's Republic of China
Article 1076.
If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.
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.
Paragraphs 1 and 2. Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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.
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I have three children who want to divorce, and if the two parties negotiate and reach a divorce agreement, they will go directly to the marriage registration authority to go through the divorce registration procedures; If the negotiation fails, you can sue for divorce.
Legal basis] Article 32 of the Law on Marriage and Missing Marriage, divorce proceedings.
Where one of the men and a woman requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court, and the people's court hearing the divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted.
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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I have three children who want to divorce, and if the two parties negotiate and reach a divorce agreement, they can go directly to the marriage registration office to go through the divorce registration procedures; If the negotiation fails, you can sue for divorce.
Legal basis] Article 32 of the Marriage Law, divorce proceedings.
Where one of the men and women requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court, and the people's court hearing the divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Find a court judgment, and he will pay child support.
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