Divorce, Child Inheritance and Maintenance, 20

I really want to know if you've read books and if you've really grown up.

If you're growing up, I'm convinced that it's angry to call your dad mean or trash.

My guess : no matter how much you misunderstand your dad, your dad will not do anything bad to you.

Advice: Think calmly, go out and find a job, and carve out your own world.

Are you 22 years old and still need to be supported by your parents? It's promising!

Sue him in your mother's name and ask her to return the alimony your mother paid for him.

It's a good idea to go to your local authorities and apply for legal aid to see if they can help.

At the age of 22, you are still a rice borer, your parents are divorced, and both parties should have a new life. Even if your father has a new lover, it is normal, you are 22 years old, it is difficult to have your parents support you for the rest of your life.

Based on what you said above, there is no question of inheritance.

You don't know what kind of help you are looking for, but if you are more specific, you can be better able to help you.

Happy New Year, your question is quite tricky. It is recommended that you collect the previous vouchers of the various expenses you have spent! Otherwise, there is no evidence, and no one can help.

The custody of children in divorce does not affect inheritance. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

According to the Marriage Law of the People's Republic of China:

Article 36: The relationship between parents and children is good and is not eliminated by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

According to the Inheritance Law of the People's Republic of China:

Article 9: Men and women are equal in inheritance rights.

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents. Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

II. Judicial Interpretations.

The clarity of the order of inheritance provides a strong guarantee for the orderly division of the estate. At the same time, it should be noted that in the division of inheritance, the principles of equality between men and women, the care of the old and the young, the care of the sick and disabled, and mutual understanding, solidarity and harmony should be adhered to. Even if there is a will, the necessary share of the inheritance should be reserved for the heirs who lack the ability to work and have no livelihood, as well as the inheritance share of the fetus.

In addition, the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of the estate. The heirs have no obligation to repay the part that exceeds the actual value of the estate, except for voluntary repayment.

It should be made clear that China's law stipulates that whether there is the right of inheritance should be determined by the relationship between parents and children, even if the husband and wife divorce, the two parties do not constitute a husband and wife relationship, but the father-son relationship between the children still exists, then after the death of the parents, the children must have the right to inherit, and the relevant inheritance order is also clearly stipulated in the law, and only the inheritance needs to be carried out in accordance with the prescribed inheritance order.

The custody of the child cannot be inherited at the time of divorce, because the child is generally raised by the parents, and the right to raise the child is in the case of both parents If the parents divorce, the father and mother can fight for the custody of the child.

After the divorce, the custody vesting has taken effect, and it cannot be changed at will or reversed. However, if there are statutory circumstances, then it is possible to fight to take back custody of the child. The specific method is to file a lawsuit with the people's court to request a change in the child support relationship and submit relevant supporting materials.

In the process of fighting for the custody of the child, it is mainly necessary to prove that the child follows him, which is more conducive to the child's growth and health. Prove that the other party has a situation that is not conducive to the child's development. For example, the current party has not fulfilled the obligation to support the child, the current party has abused the child, and the current party has other behaviors that adversely affect the child's physical and mental health.

Article 56 of the Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family: In any of the following circumstances, where one of the parents requests to change the child support relationship, the people's court shall support it: (1) The party living with the child is unable to continue to raise the child due to serious illness or disability; (2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; (3) A child who has reached the age of 8 and is willing to live with another party who has the ability to support them; (4) There are other legitimate reasons for the change.

The custody of the child at the time of divorce cannot be inherited, because the custody of the child Wang Mengwu can only be judged by the court, and the man or the woman can bear the custody of the spine, and Zhicong has no inheritance statement.

In the event of a divorce, custody of the child will be awarded to either the parent or parent, and if there is an accident, the grandparents and maternal grandparents can take care of the child on their behalf.

This is not within the scope of inheritance. If the custody of the child can be negotiated by both parties, it is best if an agreement can be reached, if it cannot be agreed, it will be a court decision, and the court will consider the financial situation, the time difference, and the child's own wishes.

If the child is still young at the time of divorce, the woman can fight for the custody of the child, and if the child is older, the custody belongs to the party with good conditions, but she still tries her best to fight for it.

I haven't heard of inheriting child custody, but it can be changed.

Children do not need to be inherited, and the maintenance of children is determined by the court in the event of divorce by the mother or father.

Child custody cannot be inherited from Kuanqing. Inheritance refers to the wealth of one party after the death of the child, not the goods. Custody of the child is negotiated between the parties. If the discussion is not harmonious, Brother Shen will hold the court judgment.

I think it is impossible to inherit the right to raise the children after the divorce. , can only say that you fight for the child's shouting caution custody. Generally, after a divorce, the court should award the child to the one with the right conditions.

Hence the fact that you are a person with poor economic conditions. You can fight for custody of your children. There is no right to custody of inherited children.

Can custody of children be inherited in the event of divorce? Of course, yes, both parents can have custody of their children.

When you divorce, can you inherit child custody I haven't heard of airport custody laughing It's just that whoever has the ability to nucleate the child and train it well will have custody if you go out If both parties don't want to, you can change to the old age and let the child choose custody by himself through a lawsuit.

In the event of a divorce, the custody of the child can be inherited, because you have custody of the child after you have the right to hold the child, well, you can take custody of the child, and then when you divorce, you can raise the child.

This kind of thinking of yours is not right, and children are not objects and cannot be inherited. If you have the right to protect your child, it is your responsibility to raise your child. If you remarry and then divorce, you regret that the child is still your child, and it is impossible for your ex to take custody of your ex's child.

In the event of a divorce, custody of the child is not inherited, but is raised by one of the parents, and if the other parent also wants to raise it, the judge will give it to the parent who has the financial strength.

Can I inherit the custody of my children at the time of divorce? Yes, can child custody be inherited in the event of divorce? Yes, at the time of divorce. Children can inherit in the Ming and Qing dynasties, and all of them are Zheng Zheng who can have the right to inherit.

Child custody can be inherited. When the child is not sensible, it is up to the court to decide, and if the child is sensible, the child can choose.

The custody of the child cannot be inherited, and in the case of divorce, the child is generally with the father or mother, and the father and mother are the first guardians of the child.

In the event of divorce, child custody is generally awarded to the man with better economic status, and if the woman has good economic conditions, she can support her children, then she can also fight for custody.

There is no inheritance of child custody in the event of divorce, and child custody is assumed by one of the parents, and it is determined according to the conditions of both parents.

In the event of a divorce, both parties should negotiate in advance who will have custody of the child, and the other party will pay child support.

Can child custody be inherited? This one cannot be inherited, this one cannot be inherited, and it will be given to his most immediate relatives.

Custody of a child is not inherited, and custody is awarded to either the man or the woman on an individual basis.

That must not be inherited, if one party is gone, the child should be raised by his mother, not anyone else.

Custody is not inheritable, and if the child is young, the court will give priority to the mother. If the child is older, it depends on who has the ability.

Can child custody be inherited in a divorce? I don't think custody can be inherited.

Divorce means that the custody of the children will be clearly stated in the divorce agreement, so there is no question of inheritance.

The custody of the child is not for inheritance, but for fighting, and can be negotiated, or a court judgment.

No, I haven't heard of any custody that can be inherited.

A legally adopted child has the right to inherit. Children are one of the legal heirs of their parents, and inheritance occurs when the parents die. Children can inherit their parents' estate as heirs.

Children here include biological children, children born out of wedlock, adopted children, and stepchildren who form a dependency relationship. Adopted children and biological children have the same inheritance rights in law.

1. Does a child who is not a biological child have the right to inherit?

Whether a child who is not biological has the right to inherit depends on the circumstances. For stepchildren or adopted children, those who form a dependency relationship enjoy the right of inheritance and belong to the first heir, and those who have not formed a dependency relationship do not enjoy the right of inheritance. In law, the right to inheritance is not determined by blood relationship.

Non-biological children who have the right to inherit are generally equal to the same heirs.

2. Do adult stepchildren who have the obligation to support them have the right to inherit?

An adult stepchild who has an obligation to maintain has the right to inherit and may have the right to inherit if the stepchild has formed a relationship of support with his or her stepparents or has a legally fictitious lineal blood relationship.

The estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir to inherit, the second-order heir shall inherit by the second-order heir.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

3. Do I have the right to inherit with my ex-husband's children?

Whether the child with the ex-husband has the right to inherit depends on whether the relationship with the current stepfather has been formed. If there is a dependency relationship, the stepchild has the right to inherit. The first order of inheritance is spouse, children, and parents.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

Civil Code of the People's Republic of China

Article 1123:After the commencement of succession, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127:Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

Legal Analysis: Between biological parents and children, whether the divorced parents support his or her children, it does not affect the inheritance rights of their children. The inheritance rights of children are due to the blood relationship with their biological parents, and the divorce of parents only dissolves the relationship between the parents and does not change the blood relationship between the children and their parents, and the relationship of rights and obligations between them also does not change, so the divorce of parents will not affect the inheritance rights of children to their biological parents.

Article 1084 of the Civil Code stipulates: "The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised by either parent or parent.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration authority for registration of divorced marriage.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.