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The mother is mentally sane and commits the crime of abandonment.
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If it is a deliberate offense.
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Legal Analysis: As a mother, it is illegal not to raise a child. If a parent's refusal to fulfill the obligation to support a minor child causes serious consequences, the parents will bear legal responsibility, and the parents' obligation to support their minor children is unconditional and must be undertaken.
Minor children have the right to claim alimony from their parents when their parents fail to fulfill their obligations.
Legal basis: Article 26 of the Civil Code of the People's Republic of China Parents have the obligation to raise, educate and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.
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Legal Analysis: Children can only be raised by the parent who is not missing. After leaving the army and getting married, 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.
Legal basis: Article 1084 of the People's Republic of China Laughter Code? The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or 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. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of raising the minor child, 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.
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Custody can only be changed through negotiation and litigation, and the parent who does not live with the child cannot change custody without authorization, and these situations will be handled separately on a case-by-case basis. The handling methods for changing the custody relationship without authorization are as follows: 1. If there is a legitimate reason for taking away the child, the custody should be changed by way of litigation, and the court will determine whether to change the custody relationship; 2. If the child hides in the other party's home due to discrimination, abuse or other reasons, and expresses that he is unwilling to live with the raising party anymore, the statutory person may sue the child and ask the court to change the child support relationship; 3. If the child is taken away without a legitimate reason, and the child is still not returned after persuasion and education, the court will take compulsory measures against the party who took the child, so if you want to change the custody of the child, you must use legal means to avoid being held responsible.
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1).
Article 56:In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:
1) The parent 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 their obligation to support the child or abuses the child, or the party living with the child has a truly adverse 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 parent who has the ability to support him;
4) There are other legitimate reasons for the change.
2. The principle of determining the ownership of custody.
1. Children under the age of two generally live with their mothers.
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 parties may be given priority if they have any of the following circumstances.
1) Have undergone sterilization or have lost their fertility due to other reasons;
2) The children have lived with them for a long time, and changing the living environment is obviously not beneficial to the healthy growth of the children;
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 or maternal grandparents for many years, and the grandparents or the grandparents 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.
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1. The biological father of an illegitimate child refuses to pay child support.
A lawsuit should be filed with the people's court, and it is the legal obligation of the parents to raise the child, and the parent who does not directly raise the child shall pay the child support, and the child has the right to demand that the parents pay the child support. If the court still does not pay child support after the judgment, it can apply to the people's court for compulsory enforcement.
2. Legal basis:
Civil Code of the People's Republic of China.
Article 1067: Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.
Adult children do not fulfill their maintenance obligations.
Parents who lack the ability to work or who have difficulties in living have the right to demand alimony from their adult children.
2. The procedures and expenses for suing for alimony for children born out of wedlock may be claimed through litigation, and the specific amount shall take into account the actual living standards of the locality. It should not exceed 20 to 30 percent of the other party's income.
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As long as there is a document to prove that the child and the father are in a father-to-son relationship, the court will sentence the father to pay the child's living expenses ranging from 1,000 to 3,000 per month until the child reaches the 18th anniversary.
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Hello dear, whether the mother wants to raise the child depends on the specific situation, if it is during the existence of the husband and wife, then the mother must raise the child, otherwise it is illegal; If the divorce is already made, and the agreement or judgment is made by the father in accordance with the agreement between the parties or the court judgment, the mother does not have to raise the child, but must pay the maintenance fee. In other words, in this case, it is not illegal for the mother not to raise the child. Article 20 of the Marriage Law of the People's Republic of China stipulates that husbands and wives have the obligation to support each other.
If one party fails to fulfill the maintenance obligation, the party in need of maintenance has the right to demand that the other party pay maintenance. Article 21: Parents have an obligation to raise and educate their children; Children have the obligation to support their parents. If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
When a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who has difficulty living has the right to demand maintenance from the child. Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
If the abuser beats the child, the child has no objection to the other party, but if the abuser does not beat the child, then there is no legal provision for deprivation of custody on the grounds of domestic violence. >>>More
The custody of grandparents can only be obtained under the premise that both parents of the child are dead or cannot be raised. If one of the child's parents is alive and willing to raise the child, the child's grandparents cannot take custody of the child. Paragraph 3 of Article 36 of the Marriage Law of the People's Republic of China stipulates: >>>More
It is possible to see the children after the divorce, which is legally known as visitation rights. The right to visit, also known as the right to meet and communicate, refers to the right of the parent who does not directly raise the child after the divorce to visit, contact, meet, socialize, and live together with the minor child for a short period of time. Article 38 of the Marriage Law provides: >>>More
You can negotiate first, and if the negotiation fails, you can sue and the court will make a judgment. Court decisions are generally based on the principle of "conducive to the healthy development of the child". According to the legal provisions on marriage and family and relevant judicial interpretations, the establishment of direct custody of minor children mainly has the following principles: >>>More
Men think like this is very selfish, not at all for the woman, the child is not alone, and when they grow up, the single-parent family will also be discriminated against in all aspects, the woman thinks like this is simple-minded, since she has children, marriage is a kind of proof, to introduce her husband to relatives and friends, the other half of the future.