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According to article 36 of the Marriage Law, 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 stipulates that after 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.
Article 38 stipulates that after divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent 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 right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.
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In the case of a husband and wife who have children, they still need to fulfill the obligation to support the children after divorce. For specific circumstances, please verify and determine according to the actual situation and relevant laws and regulations.
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Legal Analysis: After divorce, parents still have the rights and obligations to raise, educate and protect their children. After the divorce of the spouses, only one of the spouses has the right to support the children, but both parties have the obligation to support the children.
The parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist in the Zen group.
Legal basis: Civil Code of the People's Republic of China
Article 1084: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.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. 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 Law Pure Procuratorate shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1086: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.
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Of course there is, because the parents are divorced, it has nothing to do with the children, and the children are still your children, do you say there is an obligation?
The court usually proceeds from the physical and mental health of the child, first ruling that one party should take care of the child, and after the divorce case is heard, the court will formally rule that the child should be raised by the father or mother. >>>More
Hello, after divorce you should live a good life alone, because a person's life can also be very good.
The Supreme People's Court's specific opinions on the handling of children's issues in divorce cases are supported. >>>More
Since the divorce was in the first place, there must be a reason. So if you think about that reason, will it not happen in the future, if it happens again, can you accept it, if it is still the same as before, then don't remarry.
This can be coordinated by both parties, or custody of the child can be changed by law.