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If the man does not agree to divorce, how can the woman divorce and obtain custody of the child

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If the man does not agree to divorce, how can the woman divorce and obtain custody of the child


        

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  • 2024-06-21 06:00:49

    When hearing divorce cases, the people's court shall properly solve the problem of child rearing in accordance with the relevant laws and regulations of the Marriage Law and its judicial interpretation, from the perspective of helping children's physical and mental health and safeguarding their legitimate rights and interests, in combination with the specific circumstances such as the ability and conditions of both parents to support their children.
    According to the above principles and in combination with trial practice, the details are as follows
    1、 Children under the age of two usually live with their wives.
    2、 For minor children over two years of age and under ten years of age, if one party has undergone sterilization or lost fertility due to other reasons, the other party has other children while the other party has no other children for a long time, priority can be given.
    3、 For minor children over the age of 10, the opinions of the child shall be taken into consideration, and the court shall also consider the economic income, housing conditions and other factors of both parties to finally determine the custody of the child.
    Therefore, if the man under the age of two is more likely to fight for the custody of the child than the man over the age of two and under the age of ten, he should try his best to prove that his own upbringing is more conducive to the growth of the child. It will be very beneficial for those over 10 years old to fight for the custody of their children if they can get the opinion that their children are willing to live with their husband.
    Article 36 of the Marriage Law
    The relationship between parents and children will not be eliminated by the divorce of parents. After divorce, whether the child is directly raised by the father or the mother, it is still the child of both parents.
    After divorce, parents still have the right and obligation to support and educate their children.
    In principle, the children who are breast-feeding after divorce shall be brought up by the breast-feeding mother. If the two parties fail to reach an agreement due to a dispute over the upbringing of a child after breast-feeding, the people's court shall make a judgment according to the rights and interests of the child and the specific conditions of both parties.
    Points 1, 3 and 5 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases

    You***

    2024-06-21 06:00:49

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