Legal recourse for divorce due to children born out of wedlock is urgent

1. First of all, it is necessary to clarify whether to receive a marriage certificate. How old are the two parties now, how old are the children, 2, judging from your statement, it should be that there is no marriage certificate, so the two parties only have a cohabitation relationship, so this kind of relationship is not protected by law and is not subject to the adjustment of the marriage law, but the marriage law can be referred to in the specific operation.

3. For children, both parents have the obligation to support both legitimate and illegitimate children.

4. There is no legal basis for the loss of youth fee.

5 Regarding the private occupation of a famous house, hurting the elderly, scaring children, etc., I don't know what you mean by saying it, I don't know what it means, from your statement, it is the woman's behavior. If the act is slight, it is not within the scope of legal adjustment or that the law is not convenient to adjust, if it is serious, and the injury to the elderly belongs to the scope of public security management, it can be resolved by the police, and if it is serious, it can constitute a criminal offense, and the private occupation of private houses belongs to the civil category and is resolved by the court.

6. On the question of whether to divorce or break up, if the marriage certificate is obtained by deception (i.e., providing false age certificates), and the parties have not yet reached the legal age of marriage, first, they can apply to the marriage registration authority for revocation of the marriage, and second, they can go to the court to sue for revocation of the marriage.

7. If the marriage certificate is not obtained, you can go to the court to sue to dissolve the cohabitation relationship. The court will settle the property and child support issues together.

Having a child out of wedlock also constitutes a de facto marital relationship But there is no legal basis for the compensation of 300,000 yuan for the loss of youth Women have youth Do men have youth In addition, privately occupy a famous house It depends on whose name the house is in If it is a joint property of husband and wife, it should be divided equally after divorce If it hurts the elderly, it should be regarded as a civil dispute It depends on whether the circumstances are serious In the case of appeal, you should go to the court to file a divorce request.

In this case, there is no marriage constituted, and a lawsuit cannot be filed for divorce, but a lawsuit can be filed on the grounds of division of property and child custody, and the illegal cohabitation relationship is dissolved incidentally, and there is no legal basis for 300,000 youth compensation.

You are now in a common-law relationship, not husband and wife, and if you are not of marriageable age, your marriage is invalid.

Let the other party make trouble, there is no legal basis for the loss of youth, but as the mother of the child, there is the right to visit, etc.

Both parties are responsible for the child's upbringing and upbringing, and the biological father or mother who does not directly raise the child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.

1. Can a mother give up custody?

The declaration of waiver of child custody is invalid, and the maintenance of children is both a right and an obligation, which cannot be waived, and parents should raise their children until they reach adulthood. Parents have the obligation to raise and educate their children; When the parents also fulfill the obligation to support them, minor children or children who are unable to live independently have the right to demand maintenance from their parents. 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.

2. How does the civil law determine the custody of children born out of wedlock?

The custody of a child born out of wedlock shall be negotiated between the biological parents, and if the negotiation fails, a lawsuit may be filed with the court. In general, 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. According to the relevant laws, children born out of wedlock enjoy the same rights as children born in 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.

3. How can a child born out of wedlock recover for child support?

Cause of action for recovery of child support for illegitimate child:

1. Negotiate with the party who does not directly raise the child out of wedlock;

2. When the two parties fail to reach a successful negotiation, they file a lawsuit with the court to demand payment of child support.

According to Chinese law, the biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently.

According to Article 1071 of the Civil Code, children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual 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 maintenance of the minor child or an adult child who is unable to live independently.

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.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Therefore, women have the right to decide whether to have or not to have children, and no one may force women to have or not to have children against their will. Article 1071 of the Civil Code stipulates that "children born out of wedlock shall enjoy the same rights as children born in wedlock. 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", and the illegitimate child has the same rights as the legitimate child, and the unmarried parents also need to bear the obligation to support the child, so the man may not refuse to recognize and support the illegitimate child on the grounds of prior ignorance or illegitimacy.

Hello dear, unmarried childrenLaw: Article 51 of the Law on the Protection of Rights and Interests of Women stipulates that "women have the right to have children in accordance with the relevant provisions of the state, and they also have the freedom not to have children." "Because of this, women have the right to decide whether to have or not to have children, and no one may force women to have or not to have children against their will.

Article 1071 of the Civil Code stipulates that "children born out of wedlock shall enjoy the same rights as legitimate children. The biological father or mother who does not directly raise the illegitimate child shall bear the maintenance of the minor child or the adult child who is unable to live independently", and the illegitimate child enjoys the same rights as the legitimate child, and the unmarried parents also need to bear the obligation to support the child, so the man may not refuse to recognize and support the illegitimate child on the grounds of prior ignorance or illegitimacy.

Therefore, children born out of wedlock can also be registered. According to the "Opinions on Solving the Problem of Household Registration for Persons Without Hukou" issued by the General Office of the People's Republic of China in January 2016, it is mentioned that "children born out of wedlock need to provide the "Birth Medical Certificate" and the household registration book of one of the parents, and the description of the birth out of wedlock, and apply for permanent residence registration in accordance with the voluntary policy of settling down with their father and mother", and they also need to provide a paternity test certificate to settle down with their father.

Is there anything else you need to consult?

In accordance with Article 18 of the Population and Family Planning Law, the State stabilizes the current birth policy, encourages citizens to marry later and have children later, and encourages a couple to have one child; Those who meet the requirements provided for by laws and regulations may request that arrangements be made for the birth of a second child. The specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees. Ethnic minorities should also practice family planning, and the specific measures shall be formulated by the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government or their standing committees.

Article 41: Citizens who give birth to children who do not comply with the provisions of Article 18 of this Law shall pay social maintenance fees in accordance with law. If the social maintenance fees that should be paid in full within the prescribed time limit shall be paid in full, a late fee shall be imposed in accordance with the relevant provisions of the State from the date of non-payment; If the payment is still not made, the family planning administrative department that made the expropriation decision shall apply to the people's court for compulsory enforcement in accordance with the law.

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 no organization or individual may harm or discriminate against them. 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 adult child who is unable to live independently. Article 1058 of the Civil Code of the People's Republic of China: Husbands and wives equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children.

Legal analysisThere is also a blood relationship between the child born out of wedlock and the parents, and the cause of the illegitimate child lies with the parents, and the child should not bear the adverse legal consequences. Therefore, the provisions of the relevant laws and regulations on the relationship between parents and children also apply to children born out of wedlock; Children born out of wedlock have the same rights as legitimate children as between them and other close relatives of their parents, such as grandparents, maternal grandparents, siblings. No organization or individual may endanger or discriminate against children born out of wedlock, and relevant organizations and units should also respect and protect the lawful rights and interests of children born out of wedlock, and provide a healthy environment for children born out of wedlock.

Moreover, children born out of wedlock have the same inheritance rights as legitimate children. Children born out of wedlock and children born in wedlock are independent subjects of inheritance and have the same inheritance rights to their parents' estates.

Legal basisArticle 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 no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor son or adult child who is unable to live independently. Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.