Second marriage, two children, who will get the divorced children?
1. Second marriage with two children. Who is the divorced child? Who will have custody of the divorced children? Lawyer Song of Tianchi Juntai Law Firm answers your questions:
One marriage and two marriages will not affect the custody of children. According to the Civil Code, after divorce, children under two years old are directly raised by their mothers. For children who have reached the age of two, if both parents can't reach an agreement on raising them, the judgment shall be made in the best interests of the minor children according to the specific conditions of both parties. Children over the age of eight should respect their true wishes. In other words, children under two years old generally belong to their mothers. If you are over two years old, you should comprehensively consider the conditions of both parents, such as who is close to the school where your child is attending, the economic conditions of both sides, and whether you have time and energy to take care of your child. For children over the age of eight, the judge will listen to the children's opinions when dealing with custody, and the judge will favor which side the children are willing to live with.
2. Two children divorced in the second marriage: one son divorced in the second marriage, and how was the child born after the second marriage? Generally, it depends on who is more conducive to the growth of children after divorce! If it is a child brought by one of the two parties before the second marriage, who will it belong to!
The second married man has two children, both of whom gave birth to a child, but the child belongs to the man when divorced. Can they have children when they are reunited? You can have another one, and you can have another one in any second marriage! So it is allowed! Don't worry, have a baby boldly. Never mind, as long as you can afford it!
4. There are two children in the second marriage. Who is the divorced child? The man got married for the first time, the woman got married for a girl, and now there is a boy. As for custody, we should consider the current living conditions of the child, the work income and morality of both husband and wife, and whether the child is raised by one parent. There are two daughters divorced at home.
Children under 2 years old are generally awarded to their mothers for support, and children over 10 should listen to their mothers' opinions. If there are two children, who will be awarded the second marriage and divorce of one child in principle?
The parent who has not raised the child should pay the maintenance fee, which is generally 20-30% of the income of the parent who has not raised the child. Maintenance includes living expenses, education fees, handling fees, etc. The specific alimony should be determined according to the local living standard and the possible actual living expenses of the children.
5. Second marriage with two children. Who will be the divorced child? Custody of divorced children after remarriage. This is the stipulation about the usual divorce in the Marriage Law that I compiled for your reference: Who will the woman bring the children to when she gets divorced in the second marriage?
1, on the conditions of divorce
According to the provisions of the Marriage Law, if the relationship between husband and wife has really broken down, a divorce can be decided.
With regard to child support and alimony, both parties have two children and are divorced.
Regarding the issue of child support, it is necessary to make a judgment after carefully confirming the situation of both parties from the perspective of being conducive to the growth of children. However, children during breastfeeding are usually given to women for support. If it is not breastfeeding, it is more suitable for children to grow up and seek their own opinions. The parent who does not raise the child should pay the maintenance fee every month before the child 18 years old, and the standard of maintenance fee is generally between 20% and 30% of the annual income. If one party is not suitable for raising a child in the future custody period, the other party may file a new lawsuit and request to change the custody right of the child.
3. Regarding the division of common property, whose is the first child of the divorced man?
The joint property and debts of husband and wife are jointly owned and borne by husband and wife, generally one person is half. If one party is at fault, the division of property can be divided into less or no shares, and the specific share is determined by the ruling. Generally speaking, the bride price before marriage is treated as common property and cannot be returned. If you are not married, you can ask the other party to return the bride price. Give birth to two children and divorce custody.
4. Procedures, requirements and expenses of divorce.
The second married man has two children, and the two children gave birth to a child, but the child belongs to the man at the time of divorce. Can they have children when they are reunited? If it is a divorce by agreement, both parties reach an agreement through consultation, get a divorce certificate with the divorce agreement and marriage certificate, and go through the divorce formalities at the original marriage registration office; After the signing of the divorce agreement, if one party disagrees or goes back on its word, it shall divorce through litigation, and sue at the defendant's domicile or the place where the defendant has lived for more than one year. If the defendant's whereabouts are unknown or he has been imprisoned for more than 1 year, he may sue for divorce at the plaintiff's domicile. Generally, the first trial lasts for 6 months and the second trial lasts for 3 months. If the second judgment is inseparable, a new lawsuit can be filed after half a year, and the second lawsuit is generally separated. If the divorce costs have nothing to do with the division of property, it is usually 50 yuan. If there is a division of property, the fees shall be paid in proportion to the property. For details, please refer to the Measures for Legal Fees.
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The above is the custody of the divorced children. The related content is about who should have custody of the divorced children after the second marriage. Share. After reading the second marriage and two children, I hope this will help everyone!