Who should raise the child in the case of divorce, and if the negotiation is not good, how to deal w

It is possible to file a lawsuit in court.

The court shall make a judgment on child custody based on the benefits of the child's physical and mental health and the protection of the child's lawful rights and interests. Specifically, the following principles should be followed:

1) Children under the age of two years generally live with their mothers. However, if the mother has any of the following conditions, she may live with the father: she suffers from an infectious disease or other disease that cannot be cured for a long time, and the child is not suitable to live with her; There are conditions for raising the child and the obligation to support him is not fulfilled, and the father asks the child to live with him; For other reasons, the child is truly unable to live with his mother.

2) Where either the father or mother requests the child to live with him/her, priority may be given to one of the following circumstances: having undergone sterilization or losing the ability to bear children due to other reasons; The child has been living with him for a long time; Changing the environment is obviously detrimental to the healthy growth of children; There are no other children, and the other party suffers from an infectious disease or other serious illness 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.

3) The conditions for both parents to raise their children are basically the same, and both parents require the children to live with them, but the children have lived alone with their grandparents for many years, and the grandparents request and have the ability to help take care of the grandchildren, may be considered as a priority condition for the children to live with their parents or parents.

4) If the minor child is over 10 years old, the child's opinion should be taken into account and the child's request should be accommodated as much as possible.

If the negotiation of child custody after the divorce is not good, a lawsuit may be filed with the People's Court, and the people's court will make a judgment.

1. How to divorce after 5 years of separation.

After 5 years of separation, the divorce can take the form of divorce by agreement or sue for divorce. The parties can first agree on the issues of property, debts and child custody, and if the agreement fails, they can go to the court to file a lawsuit. The law stipulates that if the parties have been separated for two years and their relationship has indeed broken down, the divorce may be granted if mediation fails.

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. Lead Know.

2. How to distribute the joint property of husband and wife after divorce.

According to the provisions of the Civil Code, in the event of a divorce, the husband and wife shall first jointly decide on the distribution ratio of the joint property of the husband and wife, and if the negotiation fails, the people's court may be requested to make a judgment in accordance with the specific circumstances of the property and in accordance with the principles of child care and the rights and interests of the woman and the innocent party. After the divorce, if it is found that one of the parties has committed illegal and immoral acts against the joint property of the husband and wife, he or she may file a lawsuit with the people's court to apply for the division of the joint property of the husband and wife again.

3. How to deal with the undivided joint property of the husband and wife after divorce?

Where the joint property of the husband and wife is not divided after the divorce, it may be disposed of through negotiation between the two parties; If the negotiation fails, a lawsuit may be filed with the people's court requesting division, and the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

Article 83 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code on Marriage and Family stipulates that after a divorce, if one party files a lawsuit with the people's court for division on the grounds that there is still a joint property of the husband and wife that has not been disposed of, the people's court shall divide it in accordance with the law.

Civil Code of the People's Republic of China

Article 1085:After a 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 court 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.

Whether the children of a divorced family live with their father or with their mother may be decided by the parties through negotiation at the time of divorce. If the parties are divorced by mutual agreement, the divorce agreement should be written clearly about which party the children will live with.

In divorce proceedings, if the parties reach an agreement on child support, the court will generally respect the agreement, unless the agreement between the parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child. Where both parties agree to take turns raising children, the agreement between the two parties shall be respected.

The child is under two years of age.

If the divorced family has children under the age of two, the law stipulates that the children generally live with the mother after the divorce, taking into account that the children are 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.

The child is over two years old.

If the children of a divorced family are over the age of two years and both parties are fighting for custody of the children, the court shall consider the circumstances of both parties equally to see which party the children live with is more conducive to their growth.

If a child has been with one of his parents for a longer period of time and has more affection for that parent, the child should live with that parent. A child who has lived with one of the grandparents for a longer period of time, or who has a deep relationship with him, may also be used as a reason to decide whether the child lives with the father or the mother. The court will take this factor into account when adjusting or deciding, and if the child is closer to the grandparents, then the general judgment will be with the father and, conversely, with the mother. Of course, this is when all other things being equal.

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.

It is also important to 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.

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 individual children when the father and mother are fighting for custody and both parties have the conditions to raise the child.

Legal analysis: After the divorce, the husband and wife can agree to change the ownership of the custody of the child, as long as both parties reach an agreement. If the two parties cannot reach an agreement to change the custody of the child, they can file a lawsuit with the French Trouser Court.

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 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. Where a child who has already reached the age of two is cautious 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.