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The child is one year old and wants a divorce. Do you want the custody of the child?

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The child is one year old and wants a divorce. Do you want the custody of the child?


        

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  • 2024-06-23 15:01:42

    [Legal Opinion]
    Divorce requires that you and the other party agree to divide the property you share.
    It is necessary to negotiate the ownership of child custody in the best interests of the child.
    If you fail to reach the above agreement, you can sue for settlement.
    [Legal Basis]
    Marriage Law:
    Article 36
    The relationship between parents and children shall not be eliminated by the divorce of parents. 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.
    Article 37
    After divorce, the other party shall bear part or all of the necessary living and education expenses for the children supported by one party. The amount and duration of the expenses shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
    The agreement or judgment on the children's living expenses and education expenses shall not prevent the children from making reasonable demands to either of the parents in excess of the original amount of the agreement or judgment when necessary.
    Article 39
    At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

    Nai***

    2024-06-23 15:01:42

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