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Seek legal help.
The law provides for two forms of change in the ownership of child support. After the parents divorce, under certain conditions, they may be changed in accordance with law according to the actual circumstances of both parents or the children.
The first is the change of the agreement between the two parties. Where both parents agree to change the child support relationship, it shall be allowed as long as it is conducive to the child's physical and mental health and protects the child's lawful rights and interests; The second is that one party requests a change. Where one party requests a change in the child support relationship, it shall be supported in any of the following circumstances.
1) The parent living with the child 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. Where both parents agree to change the child support relationship, it shall be permitted. In addition, if both parties refuse to raise the children during the divorce proceedings, a ruling may be made in advance that one party shall temporarily raise the children.
Miscellaneous. It should be noted that after the divorce, if one party requests to change the child support relationship, if the two parties cannot reach an agreement on this, they should file a separate lawsuit.
This is because this claim under the new circumstances does not involve the divorce of the original divorce case and the disposition of matrimonial property, but rather a new situation arises with regard to child support that did not exist (or was resolved) at the time of the original divorce case. Therefore, it is not a continuation of the proceedings in the original divorce case, nor is it a correction of the error in the judgment or mediation agreement on child support in the original divorce case, so it should be prosecuted separately as a new case.
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1. What should I do if I want to divorce but can't bear to have children?
1. If you want to divorce but are reluctant to have children, you can use the following methods:
1) Proof that you have undergone sterilization or have lost your fertility due to other reasons;
2) Prove that the child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;
3) Prove that you have no other children, and the other party has other children.
2. 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.
2. How to deal with the custody of children after divorce.
The custody of the children after the divorce is handled as follows:
1. If the child is less than two years old, it is generally raised directly by the mother;
2. Where the parents have reached the age of two and the parents cannot reach an agreement on the issue of custody, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child;
3. Those who have reached the age of 8 shall respect their true wishes when deciding on the ownership of custody.
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If you want to get a divorce but can't afford to have children, here are some suggestions:
You need to consider factors such as your child's feelings, living environment, educational resources, and relationship with parents. Maintain contact with your children as much as possible and try to maintain a positive relationship during the divorce process.
3.Explore divorce solutions: Consider using divorce mediation or negotiation to find a more reasonable solution to protect the interests of your children to the greatest extent.
4.Maintain communication: Communicate openly and honestly with your partner, express your love and concern for your child, and try to find a mutually acceptable solution.
5.Self-reflection: Reflect on your personal needs and values and weigh the impact of divorce on the individual and family members. In the process, don't neglect your emotions and needs.
In conclusion, divorce is a complex process that requires careful consideration and weighing. Most importantly, ensure that the interests and well-being of your child always come first.
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1. Proof that you have been sterilized or have lost your fertility due to other reasons.
2. Prove that the children have lived with themselves for a long time, and changing the living environment is obviously not conducive to the healthy growth of the children.
3. Prove that you have no other children, and the other party has other children.
Migration of children's household registration after divorce:
1. Whoever the child belongs to, the child's household registration will go with whom.
2. If the child is under the age of 18, the parents need to handle the migration of the household registration on their behalf.
3. If the child is over 18 years old, he can handle the transfer of household registration by himself.
4. Children over the age of 18 can go to the police station to apply for a single household with their ID card and household registration booklet.
Dangers of divorce to children:
The impact of parental divorce on children is that children Sakura will become inferior, children will become autistic, children will become cowardly, children will become unsociable, and after divorce for various reasons, they cannot often contact their children's parents, which will make children feel abandoned, not recognized and accepted, and become inferior.
At the same time, whether the child can get a stable and lasting love, lack of confidence, affect his marital life and ability to establish intimate relationships. <>
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Summary. Hello, I'm happy to answer for you, if you want to divorce but you can't bear the child, you can sue for divorce and then take custody of the child.
Hello, I'm happy to answer for you, if you want to divorce but you can't bear the child, you can sue for divorce and then take custody of the child.
If you want to divorce and are reluctant to cover your child, you can take the following measures to fight for child custody: 1. Prove that you have been sterilized or have lost your fertility due to other reasons. 2. It is proved that the children have lived with themselves for a long time, and changing the living environment is obviously not conducive to the healthy growth of the children.
3) Prove that you have no other children, and the other party has other children.
Legal basis: Article 1076 of the Civil Code of the People's Republic of China: Where a 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' voluntary expression of intent to divorce and the opinions reached through consultation 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.
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