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You and the child are so pitiful, go to a lawyer for consultation and see what can be done. Good luck!
Addendum: You'd better consult with a district law firm, so it's more assured, after all, it's professional, we can't do it.
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Hey!It's hard to say, I'm 3 years old now, and you've just found out, but I think it's okay to find a lawyer like your ex-wife and figure out the problem yourself.
After all, you have also been the father of the child for 3 years [you should understand what I mean] If you really bear to give up!
Of course, I don't support this path
To be honest, hey, as a man, brother, I'm really wronged for you, it's good that I haven't grown up, and it's good that I know now
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What kind of blood did you test? A light blood type test cannot detect blood relationships, and DNA identification is required.
In order to protect the privacy and future happiness of the child and everyone, it is necessary to find a regular hospital for DNA testing.
For example, my parents are type AB, I am type B, and my brother is type A.
I don't think there is absolute evidence for this, don't make it big easily, after all, you have to be responsible for the life of a 3-year-old boy!
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Go to court and sue for damages.
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When you find out that the child is not your own. You will be angry and even want to solve the problem through the law.
Think twice when solving problems. Please ask your heart.
Do you have feelings for this child?
Now that the children are 3 years old, I wonder how they can also have feelings.?
Why not treat your children as your own?
It's better than going to law???
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Agree with the upstairs, go to a lawyer! I'm just an insult to men!
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Volunteer Counsellor:
Harbin native, 25 years old, volunteer psychological counselor, I hope to help you!
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Legal analysis: According to the relevant provisions, if one party suspects that the child is not his/her own, he or she may file a lawsuit with the people's court to request that the parent-child relationship does not exist, and has provided the necessary evidence to prove it, and the other party refuses to do a paternity test without evidence of the contrary, the people's court may presume that the claim of the party requesting confirmation of the non-existence of the parent-child relationship is established.
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 for divorce registration in person at the marriage registration office.
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.
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If it is discovered that the child is not biological after the divorce, the right to claim confirmation of non-parent-child relationship, return of the maintenance fee assumed, redistribution of property, and compensation for moral damages can be exercised without fault.
1. Is the custody of the child born by the third child to the man?
The junior gives birth to a child, and the man, as the biological father of the child, also enjoys the right to raise him. However, in practice, it is not necessary for the man to directly raise the children of the junior. Therefore, the man can exercise the corresponding parent-child rights, and if the child is raised by the mistress himself, the man can also exercise the right to visit the minor child.
It should be noted that according to Article 1071 of the Civil Code of China, the man who does not directly raise the minor children also needs to bear the corresponding responsibility for raising them. Specifically, the man needs to pay the child support expenses for the child born by the junior in accordance with a certain agreement or the amount determined by the court judgment. Specifically, the man can agree with the junior to decide on the ownership of the child's custody and at the same time determine the amount of specific child support.
2. Whether the maintenance is given by the stepfather or borne by the husband.
The stepfather has no legal obligation to support the stepchild, so the maintenance is borne by the biological father. Child support is the cost of living, education, and other expenses borne by parents or other persons who have an obligation to support minors. Unless, with the consent of the biological father, a maintenance agreement is formed with the stepfather, then the child's maintenance is paid by the stepfather.
3. How should I claim compensation if I find that my son is not my own?
If the divorce reveals that the son is not biological, the way to claim compensation is to file a lawsuit with the people's court to demand that the other party return the maintenance expenses, and can also demand the payment of the corresponding moral damages.
Violating the duty of fidelity during the marriage relationship and giving birth to a child of the opposite sex outside of marriage, causing serious mental damage to one of the parties.
Article 1091 of the Civil Code provides that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages: Lao Fu Lian.
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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Legal Analysis: The innocent party can exercise the right to confirm the non-paternity relationship, return the alimony assumed, redistribute the property and compensate for moral damages.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:
1) bigamy, (2) cohabitation with others, (3) domestic violence, (4) abuse or abandonment of family members, and (5) other major faults.
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Legal Analysis: Moral Damages: After a divorce, it is found that the child is not biological, and it is a breach of the duty of loyalty between husband and wife by one of the spouses. If one party's deception causes significant harm to the other party, the other party may claim compensation for moral damages.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) The income from the intellectual property rights of the Great Faith and Knowledge;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned. Imitation rubber.
Husband and wife have equal rights to dispose of joint property.
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If it is found that the children are not their own at the time of divorce, the parties can claim compensation from the other party. The act of having children with another person during the marriage violates the law of mutual fidelity and mutual respect between husband and wife, and if it causes mental suffering to the parties, the other party, as the party at fault, shall be liable for moral damages. Legal basis:
Article 1091 of the Civil Code has one of the following circumstances that leads to divorce, and the party who is not at fault has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults. Article 1183:Where the personal rights and interests of natural persons are infringed upon, causing serious mental harm, the infringed party has the right to request compensation for mental damages.
Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.
Legal basis:Article 1091 of the Civil Code of the People's Republic of China [Compensation for Divorce] In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.
Article 1183 of the Civil Code of the People's Republic of China [Compensation for Moral Damages] Where the rights and interests of natural persons are infringed upon and serious mental harm is caused, the infringed party has the right to request compensation for moral damages. Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.
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Endure the labor pains and do what you should usually do, such as working hard The long pain of an unhappy marriage is not as good as the short pain, it is only in your twenties, and the road ahead is still long, you have to believe that there will always be someone who knows how to appreciate you!
Why would he want a divorce? Marriage is the most magical bond between men and women, it can maintain two people who are not related by blood, divorce is not a casual talk (but it seems to be at present) There are problems between marriages to communicate in a timely manner, two people get along with each other to understand and communicate, there are problems must be exchanged, it is useless for you to ask everyone, the key is what is wrong with the two of you, communicate well, and learn to cherish.