Is it illegal for a mother to refuse to raise her children when the father dies? Who has custody of

It is an offence for a mother not to raise a child. If the mother is unwilling to raise the child, she must pay the corresponding maintenance fee, and the guardian must be determined separately.

Legal analysis

Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others. According to the above-mentioned legal provisions, for minors who lack or have limited civil capacity, parents are the first legal guardians of their children and have the right and obligation to raise and educate them.

In accordance with the laws of our country, where parents do not perform guardianship duties in accordance with law, or infringe upon the lawful rights and interests of minors, their parents' units, residents' committees, or villagers' committees are to admonish and stop them; Where a violation of the administration of public security is constituted, the public security organs are to give administrative punishments in accordance with law. Parents are obliged to bear civil liability when their children cause damage to the state, the collective, or others during their minors. 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.

child support", including expenses such as children's living expenses, education expenses, medical expenses, etc. "Children who are unable to live independently" refer to adult children who are still in school and receiving high school education or below, or who are unable to maintain a normal life due to non-subjective reasons, such as the loss or incomplete loss of the ability to work.

Legal basis

Article 49 of the Constitution of the People's Republic of China Marriage, family, mothers and children shall be protected by the State. Both husband and wife have the obligation to practice family planning. Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.

It is forbidden to undermine the freedom of marriage and to abuse the elderly, women and children.

Civil Code of the People's Republic of China

Article 1074:Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

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.

1. Of course, the mother's actions are illegal.

2. The Marriage Law stipulates that it is the legal obligation of parents to raise their children, and it cannot be waived.

3. Of course, the custody still belongs to the mother.

If the child is underage, it is illegal for the mother not to raise it, but the law does not punish it accordingly, only urges and educates.

As far as social reality is concerned, the rights and interests of children are not guaranteed, because the relevant executive departments are no longer willing to take care of such matters and cannot collect enforcement fees.

According to the country's constitution, if one parent of a minor family dies, the other parent is to be raised, which means that the mother's actions are illegal.

Custody of the child belongs to the mother and the law compulsorily supports the child until the age of 18.

is against the law. The law stipulates that parents have the responsibility to raise their minor children. My father died. The custody of the child naturally belongs to the mother.

If the child is under the age of 18, he has the obligation to raise the child, and failure to do so is of course illegal, and in serious cases, it may constitute the crime of abandonment.

It is possible to sue directly, and if you are underage, have your guardian sue your father in your name for child support.

Parents are obliged to raise and supervise their children until they reach adulthood at the age of 18.

Article 23 of the Marriage Law of the People's Republic of China is the right and duty of parents or other guardians to protect and educate minor children. When a ward causes harm to the state, the collective, or others, the guardian bears civil liability in place of the ward.

Therefore, it is illegal to fail to fulfill the obligation of support.

This is against the law, and parents have a duty of support to their children. Child support is required.

Can be litigated.

Does a dad break the law regardless of his children?

Legal Songliang Analysis: Yes. Even if the child's parents are divorced, the child's custody belongs to the father, and the mother's right to raise and guardianship the child still exists.

Then, after the death of the father who has obtained the right to custody of the child, the only legal guardian of the child is the mother. As for the children's grandparents, uncles and uncles, they do not have the obligation to raise and guardian the children, but they can also raise the children if they wish.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be 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. 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.

It is an offence for parents not to raise their children. Parents have the obligation to support minor children or children who cannot live independently, and it is illegal for one party not to raise the children during marriage or after divorce, and the other party may request payment of child support in the name of the children. Failure of both parties to raise children, resulting in children who cannot live independently being homeless and displaced, is suspected of the crime of abandonment.

1. Parents don't care how their children should sue.

The obligation of parents to support their minor children is unconditional and must be assumed. Children here include raising children. It is the legal duty of every parent to raise children, regardless of whether the man and the woman are in a marriage or divorce.

Where both parents or one of the parents refuse to perform their obligation to raise their children, and the minor or unable to live independently may file a lawsuit with the court to demand that the parents pay child support, the people's court shall support it.

2. You can sue for how long you don't pay alimony during your marriage.

No matter how long the marriage does not pay child support, you can sue, because it is the legal obligation of parents to raise children, regardless of the marital status of the parents, they must bear the obligation and responsibility of support, and if the parents do not fulfill the obligation of support, the minor children or adult children who cannot live independently have the right to demand the payment of child support from their parents.

3. What should I do if my parents do not pay alimony after divorce?

Even if there is a divorce, the parents have the obligation to support the child, and if the child is not raised, the child shall pay child support, and the child has the right to sue the parents for child support; And it is required to be enforced. The relationship between parents and their daughters is not extinguished by the divorce of their parents. After the divorce, the children are still the children of both parents, regardless of whether the parents are directly raised by the parents.

After divorce, parents still have the right and obligation to raise and educate their children. After divorce, children who are minors or who are unable to live independently have the right to demand maintenance from their parents if their parents do not fulfill their maintenance obligations.

Article 1067 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.