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How to fight for child custody during lactation

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How to fight for child custody during lactation


        

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  • 2024-06-05 18:00:50

    The principle of directly raising a child during the lactation period shall be that the mother directly raises the child, except that the father directly raises the child through consultation between the parents. In order to facilitate the healthy growth of infants, it is appropriate for mothers to directly raise their children during the lactation period. If the parent claims direct support, it shall provide evidence to prove the following circumstances:

    (1) The mother suffers from incurable diseases or other serious diseases, and the children are not suitable to live with her;

    (2) The mother has the conditions for upbringing but fails to fulfill the obligation of upbringing;

    (3) For other reasons, children really cannot live together with their mothers.

    [Legal Basis]

    Article 1084 of the Civil Code states that the relationship between parents and children shall not be eliminated by parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.

    After divorce, parents still have the right and obligation to support, educate and protect their children.

    After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

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