Who has custody of the child without a marriage certificate

China's marriage law stipulates that children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. The law applies a policy of equal treatment to children born out of wedlock, and children born out of wedlock also have the right to be raised and educated by their parents. Therefore, when dealing with the custody of children born out of wedlock, reference is made to the following general criteria provided for in the law:

Children under the age of two generally live with their mothers. However, if the mother has any of the following circumstances, she may also live with the father: first, the mother suffers from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; Second, the mother has the conditions to support the child and does not fulfill the obligation to support her, and the father requires the child to live with him, and there is no adverse impact on the healthy growth of the child; Third, due to other reasons, the child is truly unable to live with the mother.

For minor children over the age of two, the court will make a judgment based on the principle of "conducive to the healthy growth of the child", which mainly examines the parents' economic status, personal moral character, and educational status. In short, the court will award custody of the child to the party who is most conducive to the healthy development of the child. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account.

Legal basis: Article 25 of the Marriage Law of the People's Republic of China [Children born out of wedlock] Children born out of wedlock enjoy the same rights as children born out of wedlock, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

Article 1 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts is that 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 an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

The principle of custody under the Marriage Act is that if the parents divorce, the relationship between the parents and the children does not change as a result of the parent's divorce. Child custody depends mainly on the conditions of custody. There are several main principles:

1. Children under the age of one year shall be given to their mothers for maintenance;

2. In principle, the child who is breastfeeding shall be given maintenance to the mother;

3. Those who have been cared for by their grandparents since childhood, in principle, shall be given support to their fathers; Where they have been cared for by their maternal grandparents since childhood, they shall be given support to their mothers in principle;

4. The party has more income, which is conducive to the healthy growth of the child, and in principle, the child will be awarded to be raised;

5. If one party is at fault or has a tendency to domestic violence, in principle, the child shall not be awarded to this party for maintenance;

6. If one party has an infectious disease or an illness that cannot take care of himself, and is not suitable for raising a child, the child cannot be awarded to this party in principle;

7. For children over the age of eight, the child's opinion should be sought, and in principle, the judgment should be made according to the child's wishes.

It belongs to the mother, but the father has the obligation to bear child support, because the child can only be registered on the mother's side, and if he is not married, he cannot go to the father's side.

Husband and wife who get married without a marriage certificate will not be protected by the law, so who can negotiate the custody of the child can be negotiated by the two, and the child should be sued to the court when both parties do not care, because the child needs to be supported, so everyone should fulfill their responsibility to raise them.

Without a marriage certificate, custody of the child goes to the mother, and the father can also request a change of custody.

You can negotiate and solve this, if you can't do it, you can take the legal route, generally the lactating child will definitely give it to the mother, the court after the age of two will judge according to the consideration of the child, and the child after the age of eight should consider the child's wishes.

The principle of the judgment is that it is awarded to the party who is conducive to the growth of the child, and if it is during the breastfeeding period, it is generally awarded to the woman. The amount of maintenance expenses to be borne by both parties and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The same law applies to child support for children born out of wedlock and child support for legitimate children, and children born out of wedlock have the same rights to dependency and education without discrimination of any kind.

If one of the divorcing spouses fails to pay child support in accordance with the agreed amount, they may file a lawsuit with the court, and the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 44: Where divorce cases involve the support of minor children, children who are not yet two years old are to be handled in accordance with the principles provided for in paragraph 3 of article 1084 of the Civil Code. In any of the following circumstances, where the mother requests direct support, the people's court shall support it:

1) Suffering from a long-lasting infectious disease or other serious illness, and the child is not suitable to live with them;

2) The father has not fulfilled the obligation to support the child when he has the conditions to support him, and the father asks the child to live with him;

3) For other reasons, it is truly unsuitable for the child to live with the mother.

Article 45: Where both parents agree that children under the age of two are to be directly raised by their fathers, and there is no adverse impact on the healthy growth of the children, the people's courts shall support it.

Without a marriage certificate, custody of the baby generally goes to the mother. The provisions of custody are: children under the age of two years shall be raised directly by the mother; 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.

[Legal basis].

Article 1071 of the Civil Code.

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.

Article 1084.

The relationship between parents and children is not extinguished by the divorce of 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 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.

In the absence of a marriage certificate, the ownership of the child's custody or custody can be referred to the provisions for legitimate children. That is, children under the age of two are generally raised directly by their mothers; Children who have reached the age of two but are not yet eight years old shall be sentenced by the court in accordance with the principle that the best defense is in favor of the minor children; Where children have reached the age of eight weeks, their true wishes shall be respected.

The legal basis is Article 1071 of the Civil Code.

The criteria for confirming the ownership of custody of children without a marriage certificate are as follows:

1. If the child is less than two years old, the custody generally belongs to the mother;

2. If the child has reached the age of two, the ownership of custody shall be agreed upon by both parties, and if the agreement fails, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child;

3. Where the child has reached the age of eight, the child's opinion shall be respected.

1. Can I fight for custody if I have a criminal record?

1. Having a criminal record will not affect the battle for child custody. The court shall proceed from the interests of the child's physical and mental health and the protection of the child's lawful rights and interests, and consider all aspects of the minor child's age, relationship with the parents, the economic situation of both parents, and other factors, and make a judgment on child custody.

1) After divorce, children under the age of two shall be raised directly by their mothers.

2) 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.

3) Where children have reached the age of 8, their true wishes shall be respected.

2. How to divide the divorce of 2 children.

The ownership of custody is generally based on negotiation between the two parties, and if the two parties reach an agreement on which party to raise the custody, the party will obtain the custody right;

If the parties cannot reach an agreement, they need to file a lawsuit in a court of competent jurisdiction and the court will decide on the ownership of child custody. Children under the age of two years are 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.

3. If two children want custody respectively, can a divorce be granted?

As for the attribution of custody, the general principle of the court's judgment is that children under the age of two should be directly raised by the mother. 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.