What if my husband doesn't give birth to my baby after divorce?

Legal analysis: it is necessary to provide evidence to prove that it can provide better study and living conditions for children and it is easier to obtain custody of children. Specifically, it includes the following aspects: the nature of work, working environment, income, living conditions, education level, personality cultivation and other family members. Courts are more likely to award custody of children to women:

1. Children under two years old usually live with their mothers.

For children over two years old, the woman has been sterilized and the man has not, and the age difference between men and women is not big.

Children always live with their mother. If they change their living habits with their father after divorce, it will greatly affect their growth.

4. On the premise that there is little difference between the raising conditions of men and women, the man is at fault for the breakdown of the relationship between husband and wife.

This person has bad habits, such as gambling and drinking.

6. If there is no obvious fault between men and women, then all conditions are equal. If the woman has better ideological quality and more time to take care of the children, it will be easier to get custody of the children.

7. Children over the age of ten are willing to live with their mothers.

Legal basis: the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I).

Article 44 If a divorce case involves the upbringing of minor children, the children under two years of age shall be handled by applying mutatis mutandis the principles stipulated in the third paragraph of Article 1084 of the Civil Code. If the mother has one of the following circumstances and the father requests direct support, the people's court shall support it: (1) The child suffers from infectious diseases or other serious diseases and has not been cured for a long time, which is not suitable for living with the father; (two) there are conditions for support obligations, and the father requires his children to live with him; (3) For other reasons, it is really inappropriate for children to live with their mothers.

Forty-fifth parents agreed that children under the age of two should be directly raised by the father, and there is no adverse impact on the healthy growth of children, the people's court should support it.

Forty-sixth minor children who have reached the age of two, if both parents require direct support, can give priority to raising one of them in any of the following circumstances: (1) they have been sterilized or lost their fertility for other reasons; (two) children with their living time is longer, changing the living environment is obviously not conducive to the healthy growth of children; (3) There are no other children, and the other party has other children; (four) children with their lives, which is conducive to the growth of children, and the other party suffers from infectious diseases or other serious diseases that have not been cured for a long time, or there are other circumstances that are not conducive to the physical and mental health of children, which is not suitable for living with children.

Article 47 The conditions for parents to raise their children are basically the same, and both parties require direct child raising. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help them take care of their grandchildren, they can be considered as a priority for parents to directly raise their children.

Article 48 On the premise of protecting children's interests, if both parents agree to take turns to directly raise their children, the people's court shall support it.