Can the divorced child be taken by the woman for the time being, and then change it later

It is possible to agree with both parties. After divorce, the breastfeeding child is raised by the mother. For children who have been breastfeeding, the two parties may negotiate on the issue of custody, and if the negotiation fails, they may file a lawsuit with the court.

Whether it is negotiated between the parties or the court decides that the child should be raised by one party, if there are circumstances prescribed by law, such as one party is unable to raise the child, abuse the child, etc., the other party may request a change in the child support relationship.

Article 36 of the Marriage Law: The relationship between parents and children shall not be 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.

Several Specific Opinions of the Supreme People's Court on Handling Child Support Issues in Divorce Cases:

16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) Living with the child, one of the parties is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

17. Where both parents agree to change the relationship between the children and the child, it shall be permitted.

If the divorced child is too young, the woman should take care of it, and the law stipulates that the woman should raise them up up to the age of 2. If you really have no financial means, you can be raised by the man. When the child is older and wants to change the guardian, you can apply for legal procedures to solve the problem.

Children under the age of two years are directly raised by the woman. However, if the woman has any of the following circumstances, she may live with the 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 children to live with them;

3. For other reasons, the child is unable to live with the mother.

If the mother files a claim for custody of a child under the age of two in a lawsuit, and there are no such circumstances, the court will generally award custody of the child to the woman. It is only when the mother asserts that the child should be raised by the father or the father claims that the child should be raised by himself that it is necessary for the person concerned to bear the burden of proof on the fact that it is not appropriate for the mother to be raised. Where one of the parties to a dispute over the custody of an only child truly has a special reason, such as having undergone sterilization or having difficulty remarrying, China's judicial practice will try its best to accommodate the request of the party with special reasons on the premise that it is conducive to protecting the interests of the child.

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.

Summary. Relatives take away the child without custody, it violates the other party's right of visitation and custody as a father or mother, and also deprives the child of parental authority in disguise, which is illegal. However, it is difficult to determine this in practice, because it is difficult to identify the level of illegality.

1. The custody and visitation rights of the children should be reasonably negotiated and resolved by both parties. 2. It is illegal for the party who has no custody to forcibly take the child away after the divorce, and it is also detrimental to the child. If custody of the child is determined by a court decision, you can go to the court to apply for enforcement and ask for the child to be brought back.

3. If the two parties agree to divorce and reach a child custody agreement, they need to sue the court again to ask the court to confirm the ownership of the child custody, and then apply to the court for enforcement.

I have two children, the eldest one is for him, the younger one has been raised by me Bu Wu, and now I can't move my household registration here, he said that he wants my ex-husband to declare it, and the small one belongs to me now.

Dear, hello, it's a pleasure to serve you [Wei Gao Chat and laugh] How to deal with the non-custodial party taking away the child: Article 262 of the Criminal Law [Child Abduction Crime] Whoever abducts a minor under the age of 14 and leaves his family or guardian shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention. You can go to the police station to report the case and take the child back.

Parenting If you take away a child without custody, you will violate the right of visitation and custody of the other party as a father or mother, and you will also deprive the child of parental authority in disguise, which is illegal. However, it is difficult to determine this in practice, because it is difficult to identify the level of illegality. 1. The two parties should reasonably negotiate and settle the issue of custody and visitation rights of the child.

2. It is illegal for the party who has no custody to forcibly take the child away after the divorce, and it is also detrimental to the child. If custody of the child is determined by a court decision, you can go to the court to apply for enforcement and ask for the child to be brought back. 3. If the two parties agree to divorce and reach a child custody agreement, they need to sue the court again to ask the court to confirm the ownership of the child custody, and then apply to the court for enforcement.

Parenting can change child custody.