The biological mother and stepfather are divorced, and the stepchildren are still on the household r

Updated on society 2024-04-03
5 answers
  1. Anonymous users2024-02-07

    Hello, for this issue, the Civil Code makes clear provisions that if a stepparent-child relationship has been formed, the divorce between the biological mother and the stepfather does not affect the relationship between the stepparent and the child. According to the Civil Code of the People's Republic of China, Article 1072 stipulates: "The provisions of this Law on the relationship between parents and children shall apply to the relationship of rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him.

    Article 1084 stipulates: "The relationship between parents and children shall not be 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.

    Article 1069 stipulates: "Children shall respect the marital rights of their parents and shall not interfere with their parents' divorce, remarriage or life after marriage." A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents.

    Based on the above provisions, it can be seen that the relationship between stepparents and children is consistent with that of parents and children, and the relationship between stepparents and children is not changed due to the divorce of the biological father or mother from the stepmother or stepfather. After the biological father or mother divorces the stepmother or stepfather, the stepparents still have the obligation to upbring, educate and protect the stepchild. Stepparents and children are first in line of succession and have the right to inherit each other's property.

    Stepchildren are also obligated to support their stepparents. Stepparents and children must not discriminate against or abuse each other. Where a minor stepchild causes harm to others, the stepparent shall bear the corresponding civil liability.

    In short, if a step-parent-child relationship has been established, the divorce between the biological father or biological mother and the stepmother or stepfather does not affect the relationship between the stepparent and the child, regardless of whether the stepparent is still in the same household register, does not affect the corresponding rights and obligations between the stepparent and the child, and the corresponding rights and obligations still exist. Hope mine is helpful to you!

  2. Anonymous users2024-02-06

    There are many of these situations in the real world. The biological mother and stepfather are divorced, and the stepchildren are still in the household register, and the relationship between the stepchildren and the stepfather should still be father and child, which cannot be changed

  3. Anonymous users2024-02-05

    Hello, my biological mother and stepfather are divorced, so did you end up with your biological mother? Or did you talk to your stepfather? Whoever you end up talking to will have to change your hukou to, or you can set up your own hukou.

  4. Anonymous users2024-02-04

    Change the household registration information in a timely manner and divide the household.

  5. Anonymous users2024-02-03

    A stepfather and stepchild can form a custody relationship. The stepchild is not yet a minor or has reached adulthood, but does not have the ability and conditions to live independently (e.g., in school) and lives with the stepparent. Those who have been raised and educated by their stepparents, or who have not lived together, but whose stepparents bear all or part of their living expenses or education expenses, in terms of kinship, in addition to being in-laws, are also legally fictitious blood relations, and a relationship of support can be formed.

    Article 1072 of the Civil Code of the People's Republic of China: Stepparents and stepchildren must not be abused or discriminated against. The relationship of rights and obligations between a stepfather or stepmother and a stepchild who has been raised and educated by him shall be governed by the provisions of this Law on the relationship between parents and children. Article 1085 of the Civil Code of the People's Republic of China: Where after divorce, children are directly raised by one party, the other party shall bear part or all of the child support.

    The amount of the cost to be borne 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 agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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