The parties are not married, have children, and who will be awarded in the lawsuit?

Hello! First of all, according to Article 25 of China's Marriage Law, "children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them." "A child born to you who is not married is an illegitimate child, and a child born out of wedlock has the same rights as a legitimate child.

Secondly, according to Article 9 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Living Together in the Name of Husband and Wife by the People's Courts without Marriage Registration, it is stipulated that: "When an illegal cohabitation relationship is dissolved, the two parties shall negotiate which of the illegitimate children born to both parties shall be raised; If the negotiation fails, the judgment shall be made in accordance with the interests of the children and the specific circumstances of both parties. In principle, the child should be raised by the mother during the breastfeeding period, and if the father is in good condition and the mother agrees, the father can also raise the child.

Where the child is a person with limited capacity for civil conduct, the opinions of the child himself shall be sought, and the consent of the other party shall be obtained from one party when giving the minor child to another person for raising. In other words, for the custody of the child, it can be negotiated first, and if the negotiation fails, the people's court will make a judgment.

In judicial practice, the people's courts hear cases of child custody in accordance with the principle of conducive to the healthy growth of children. 1. For children under the age of 2, in principle, the court will award the child to the mother for custody, but if the father's economic conditions are better and the mother agrees to be raised by the father, the court will award custody to the father The child over the age of 10 years old, and the court will listen carefully to the child's opinions when making a judgment. And fully consider the economic conditions of both parties, the child's living environment, the education level of both parties and other factors, which party has superior conditions, and the child will be awarded to that party.

In short, it is all about protecting the child's growth to the greatest extent.

Finally, the non-custodial parent should be responsible for the maintenance until the child is able to live independently.

This is the same as a legitimate child, it also depends on the ability to raise the child, the willingness to raise it, and it also depends on the age of the child. If it is during breastfeeding, it is usually awarded to the mother. Out of the lactation period, it depends on the ability and willingness to raise the child, that is to say, if you have the ability to raise the child and firmly ask to raise the child, you will get the custody of the child.

Legal analysis: If you do not have a marriage certificate, you can still go to the court to sue to resolve civil disputes. It should be emphasized that divorce cases cannot be sued without a marriage certificate, but if there are child support and property disputes between the parties, civil cases can still be litigated, for which the Supreme Court has relevant documents.

In addition, if your spouse has held a marriage ceremony while living with the other party, but you do not know that the other party has a legal marriage registration but has not divorced, the other party is suspected of bigamy, and you can still pursue criminal prosecution and demand that the other party be held criminally responsible.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

Presumably, each of us will enter the palace of love, some people feel that love is supreme, they dare to try, dare to challenge, dare to pursue the love they want. But after having love, he chose to get married. Later, he had children of his own.

At such times, if there are conflicts and problems in our marriage, we choose to divorce. The question of who the child follows is relatively simple. But if we don't get married, we have children before we get married, and we have children.

So if we have certain difficulties and setbacks in our emotional life, and there are contradictions and problems, and we choose to go to court, then which party will he award to this child? Although we know that cohabitation and having children out of wedlock are not protected by law. The property of the parties at the time of cohabitation is the joint property of the parties.

Then the issue of the distribution of property is like the question of the ownership of children. It needs to be negotiated by both parties. According to the laws of our country, children born out of wedlock should be determined in accordance with the regulations.

First of all, if the child is under the age of two and under the age of two and wants to live with the father, and the father's life does not adversely affect the healthy development of the child, the award can only be granted to the father under this condition. The second point. If there are no special circumstances and requirements.

Children under the age of two generally live with their mothers. However, if the mother has the following conditions, she can live with the father. That is what we call mother, mother, on the one hand, if you have a disease or other special disease, a serious disease.

It is not suitable for the child to live with him. Under such conditions, we say that the child can be awarded to the father. On the other hand, if the mother asks for no maintenance, she does not fulfill her maintenance obligations.

However, if the father asks for support, the father must fulfill the obligation to support the father. In this case, the child is awarded to the father. One last aspect.

For a variety of reasons, children cannot live with their mothers or are not compatible with their mothers. Under such conditions, the child will also be awarded to the father. This is the analysis of some issues of who will be awarded to if you are not married and have a child in a lawsuit.

Do you understand?

If the child is young, it must belong to the woman, because at this time it is necessary to breastfeed, and it must be returned to the woman to take care of the child.

If the child is still relatively young, the child should be awarded to the woman at this time, and if the child is older, it will be judged according to the financial conditions of both parties.

If the child is younger, the child should be awarded to the woman, but if the child is older, it may be awarded to which party has the financial conditions.

It is usually awarded to the able parent, usually the mother if the child is younger, but the other parent is required to pay child support.

The marriage was not registered, it was a cohabitation relationship, and the child custody negotiation could not be reached, so he went to the court to sue and claim child custody. The court decided on the principle of being conducive to the child's development. The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of the parents. After the divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother. After the divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

The court will make a judgment based on the principle that it is conducive to the child's quiet growth. According to the laws of our country, when an illegal cohabitation relationship is dissolved, the two parties shall negotiate which of the illegitimate children born to both parties shall be raised; If the agreement fails, the judgment shall be made based on the interests of the children and the specific circumstances of both parties.

Who is not married and has children should first be determined by both parties through negotiation, and if the negotiation fails, the court will make a judgment. 1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) The father asks the child to live with him;

3) For other reasons, the child is indeed unable to talk about life with the mother.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of eight over that a minor child over the age of eight should live with the father or mother, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted. Legal basis: Article 1084 of the Civil Code states that the relationship between parents and children shall not be extinguished by the divorce of parents.

After the divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or the mother. After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers.

For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.