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What to do when neither party wants children in divorce

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What to do when neither party wants children in divorce


        

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  • 2024-06-23 14:00:48

    Article 20 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Trial of Divorce and Handling of Child Support provides that: "During the divorce proceedings, if both parties refuse to support their children, they may first make a ruling to temporarily support them by one party." Both parties shall consult on the issue of children, determine which party to support them in accordance with the relevant provisions of the Marriage Law, and the other party shall pay the maintenance fees. If the two parties cannot reach an agreement, the people's court shall make a judgment that the child shall be supported by the one who has the ability.
    The court will decide who will support the child according to the actual situation.
    Generally, the child custody right shall be determined according to the following principles:
    It is beneficial to the physical and mental health of children, and the basic principle is to protect the legitimate rights and interests of children. At the same time, it should be properly solved in combination with the specific circumstances of both parents, such as their ability to support and support conditions. The following aspects should be taken into consideration when raising children after divorce:
    1. Both parents' sense of responsibility for their children, family environment, feelings between parents and children, personal qualities of both parents and other factors should be considered.
    2. The reasonable requirements of parents who are unable to bear children and have difficulties in remarriage should be considered.
    3. Under the condition that the various conditions of both parties are basically the same, in principle, the party with strong economic capacity shall be responsible for the upbringing.
    4.10 Children over the age of one who have the ability to identify, whether following their father or following their mother, should seek their own opinions.
    Article 36 of the Marriage Law of the People's Republic of China
    [Divorce and Children] The relationship between parents and children will not be eliminated due to their divorce. After divorce, whether the children are directly raised by the father or the mother, they are still the children of both parents.
    After divorce, parents still have the right and obligation to support and educate their children.
    After divorce, children who are breast-feeding shall be brought up by the breast-feeding mother in principle. 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 circumstances of both parties.

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