If there is a son born in an illegal cohabitation, the right of maintenance should belong to whom

If both parties meet the legal requirements for marriage at the time of residence, it may be defined as a de facto marriage; If one or both parties do not meet the legal requirements for marriage at the time of cohabitation, it shall be deemed to be an illegal cohabitation".

Are you sure your situation falls under "unlawful" cohabitation?

Anyway, the biological father has to pay child support.

As for custody, it should be agreed upon by both parties, right?

Unless one party is clearly unable to support.

or if both parties do not want to be raised, it will be decided by the court.

I'm not sure......

You're not married, you're having children, and you're talking about custody.

I hope you're going to be okay in the future, or else this kid is the real victim of a breakup or something.

The woman (if the woman wants it, it must be the woman's).

It depends on who brings it, and the other party also has to pay living expenses, etc.

It makes sense of common sense. Custody of the child belongs to the child's mother.

Legal analysis: The child born in illegal cohabitation should be jointly raised by both parents of the child, or it can be raised by one party, and the custody can be negotiated by both parties, and the agreement is reached in accordance with the agreement; If the negotiation fails, the Shubu faction may file a lawsuit with the people's court and request a judgment from the people's court, and the people's court will make a judgment based on the principle of the best interests of the under-adult children and the specific circumstances of both parties.

Legal basis: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual. A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Illegal cohabitation and childbirth shall be jointly raised by both parents of the child, or by one party, and the custody rights may be negotiated by both parties and the agreement shall be reached in accordance with the provisions of the agreement; If the negotiation fails, they may file a lawsuit with the people's court and request a judgment from the people's court, and the people's court will make a judgment on the basis of the principle of the best interests of the minor child and the specific circumstances of both parties.

[Legal basis].

Article 3 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

Where a party initiates a lawsuit and only requests the dissolution of the cohabitation relationship, the people's court will not accept it; where it has already been accepted, a ruling is made to reject the lawsuit.

Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.

Article 1071 of the Civil Code of the People's Republic of China.

Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the child who is unable to live independently.

Legal analysis: In the case of illegal cohabitation and childbirth, the child's custody can be determined through negotiation between the two parties, and if the negotiation fails, the people's court may be requested to make a judgment.

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

Article 1043: Families shall establish a positive family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful to each other, respect each other, and care for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Article 1: 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.

(a) Determination of custody of out-of-wedlock children in general cohabitation.

1. According to the relevant judicial interpretation of the Marriage Law, when the parents dissolve the cohabitation relationship, the two parties shall negotiate which of the illegitimate children born to both parties shall be raised; If the negotiation fails, the people's court shall make a judgment based on the interests of the children and the specific circumstances of both parties;

2. In current judicial practice, in principle, a child who is breastfeeding should be raised by the mother, and if the father is in good condition and the mother agrees, the father can also raise the child. Where the children are persons with limited capacity for civil conduct, the opinions of the children themselves shall be sought. One party must obtain the consent of the other party when he or she gives his or her minor child for adoption.

3. "Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may endanger or discriminate against them. Therefore, if there are clear provisions on the upbringing of children born to unmarried cherry blossoms, those provisions shall apply; There are no explicit provisions for the application of legitimate children.

2) Determination of custody of children born out of wedlock under special cohabitation.

When one of the spouses cohabits with another person of the opposite sex outside of marriage, it is a special cohabitation relationship. In such cases, the determination of custody of an illegitimate child may be different from that of an illegitimate child in a general cohabitation relationship, based on practical experience.

With regard to children born of illegal cohabitation, the following methods can be used to determine the caregivers:

1. Negotiated by the biological parentsIn addition, when the biological parents negotiate, they must determine the child's support method, the amount of child support, and the method of child support, in other words, the child supporter, child support payment, etc.

2. Judgment by the courtIf the biological parents cannot negotiate, for example, they both want to raise the child, then they can solve the problem by filing a lawsuit with the court, and usually the people's court will make a judgment according to the principle that is conducive to the healthy growth of the child

1) Children under the age of two generally live with their mothers;

2) children over the age of two years are less dependent on their mothers, and both parents ask to live with them;

3) For minor children over the age of 8, their own opinions should be taken into account.