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How to deal with losing custody and not handing over children

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How to deal with losing custody and not handing over children


        

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  • 2024-06-25 14:01:50

    Specific measures for determining child support at the time of divorce
    1. The raising of children during lactation: "After divorce, the children during lactation shall be raised by the breast-feeding mother." This is because breast-feeding is most beneficial to the growth and development of the baby. Considering the interests of the baby's growth and development, after divorce, all children who are being fed with mother's milk should be raised by the breast-feeding mother according to law, but in real life, There are also many children who do not breast feed after birth. In such cases, when couples divorce, the judicial interpretation of how to determine the ownership of child rearing stipulates that children under the age of two can also live with their parents if their mothers have one of the following circumstances: First, their mothers suffer from incurable infectious diseases or other serious diseases, The children are not suitable to live with them; The second is that the mother has the supporting conditions and does not fulfill the supporting obligations, but the father requires the children to live with her, and has no adverse impact on the healthy growth of the children; Third, for other reasons, children really cannot live with their mother, such as the mother's economic ability and living environment are obviously adverse to the upbringing of children, or the mother's misdemeanor is detrimental to the growth of children, or it is impossible to raise children because of being sentenced to serve a sentence for illegal crimes, etc
    2. This article also stipulates that: "If the two parties fail to reach an agreement due to a dispute over the upbringing of a child after breastfeeding, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties." After divorce, the parents shall first reach an agreement to decide whether a minor child over the age of two lives with his or her father or mother. Therefore, When the parents have a dispute over the upbringing of a minor child, the court should mediate and try to get the parties to settle the dispute by agreement. On the premise that both parties are willing and legal, the court should negotiate and decide that the minor child should be raised by the father, or live with the mother, or be raised by both parents in turn on the premise that it is conducive to protecting the children's interests, The court can allow the settlement of the above several custody methods

    I***

    2024-06-25 14:01:50

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