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How to deal with children during divorce

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How to deal with children during divorce


        

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  • 2024-06-25 18:00:01

    During the divorce proceedings, couples tend to live apart or do not want to fulfill their obligations. In this case, how to bring up children becomes a problem we need to discuss.
    According to the relevant provisions of China's Marriage Law, parents have the obligation to raise and educate their children, and the relationship between parents and children will not be eliminated due to parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still the children of both parents. Therefore, even during the period of divorce, both husband and wife still have the obligation to support and educate their minor children. During the divorce proceedings, if both men and women want to fight for the custody of the child, both parties can negotiate to determine who will take the temporary custody of the child first, and the other party can pay or not pay maintenance fees, waiting for the court to finally determine the ownership of custody; If both parties refuse to support their children during the divorce proceedings, according to the provisions of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases, the court hearing the divorce proceedings between the husband and the wife may first rule that one party should temporarily support them. But after the final judgment of the court, the child will be raised according to the judgment.
    Legal basis:
    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.
    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
    20. During the divorce proceedings, if both parties refuse to support their children, a ruling may be made in advance to temporarily support them by one party.

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