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No one is at fault, both parties are consensual, what's wrong? It's not that there is something to hide, since the man knows and accepts it, the woman is not wrong, and the man likes to be willing to get married, and there is nothing wrong.
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There is no right or wrong in the emotions of both men and women. The woman was very honest and had told the man about the child. Now that the relationship between the two parties is not harmonious, the child should belong to the woman. There is no right or wrong on either side.
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The child is not related to the man, has no obligation to support him, and has no right to divide property in the divorce.
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Since we are divorced, I think we are both responsible.
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The man knows that the woman's child is not hers, and he wants to marry the woman, and now that he is divorced, the child should be awarded to the woman, and no one is right or wrong, and the two parties are willing to divorce by agreement.
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Whoever is not young and ignorant will make mistakes and cannot start over. The man knows that the woman's child is not theirs, which means that the man is very generous, since he chooses to accept the woman, he should treat the other party well, if he gives up and chooses to divorce, he must learn to let go, who is right and who is wrong, only not cherish.
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It's no one's fault. The child is not him, he knows whose fault it is, and it is not God's fault. Whose fault is this, is it really God's fault, who is really to blame?
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No one is wrong.
The child was brought by the woman before marriage and should be awarded to the woman.
The woman does not need to pay compensation.
Because the woman's children were born before marriage.
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Both of them are right! Voluntary,!
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Since you want to marry a woman, there is no right or wrong. It doesn't matter either. Only love and love.
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Personally, I think that no one is right or wrong, if you like it, you will boldly confess, you can't run away, it's not that you don't force it, I wish you happiness.
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The parties are not married, but they have children, and the parties are separated, and the man does not care about the children, and the woman can ask for custody and alimony of the children. It can be negotiated and processed; If the negotiation fails, a lawsuit may be filed with the court. The court will deal with the matter according to the circumstances of the children of both parties and the principle of genuinely safeguarding the best interests of the minor children.
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You can sue.
However, it is unlikely that it will be awarded to the man.
The first is that the man has no desire to support him.
At the same time, the child is a girl.
It is more likely to be awarded to the mother.
But you can ask the other person to pay a certain amount of living expenses until adulthood.
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can be awarded to the man, if not awarded to him, he also has to pay living expenses until the child reaches adulthood. But you have to provide evidence that the child is his child, and do DNA to verify that the child is his, so that you can win the lawsuit.
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If the two parties do not have a marriage certificate, then there is a problem with the custody of the child, it is recommended that you consult a local lawyer, I think you can sue the man if you sue, but the main thing is that there are still some problems with the child's household registration on your side.
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This should not be possible, because the hukou of the unmarried child is with the mother, but you can negotiate and let the man pay child support.
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Why give it to him, since I left it at the beginning, I will raise it well, and I will be a father without children, I am divorced, and I also left the children to myself, my ex-husband has been eight years, and he has not given us child support, nor has he been in contact, I also came over, after remarriage, my current husband is very good to the children, so I don't want anything else at all.
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Since it is wrong for you to have a child out of wedlock, but the child is innocent, the law stipulates that children born out of wedlock and children born in wedlock enjoy the same treatment and can file a lawsuit with the people's court, and the court will make a judgment based on the circumstances of both of you. Regardless of who the child is awarded support, the other parent is required to pay child support.
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Why are you so confused, you have a child with a man without a marriage certificate, your law does not protect you, you have to go through a lot of procedures when you go to court, first consult a lawyer, and see what the lawyer says. The procedure goes step by step. Well, this kid has something to do with his dad anyway.
Paternity test, he has something to do with his college words. Pay for it yourself, you go and see if you win the lawsuit or not. Why are you so confused, you live with someone else and have children without a marriage certificate, of course people can ignore it.
I wish you the best of luck in this case. At least he doesn't care about the child, but he has to take maintenance until the child is 18 years old.
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In your case, go to the law firm to find out. If you don't have a marriage certificate and are not protected by law, why are you so busy having children with a man, and you are asking for hardship. Through the law, the man will give child support, but if the man has no money, you can't do anything.
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According to the current problem, it is actually related to the maintenance of children born out of wedlock. According to the law, sexual conduct outside of marriage is not protected by law and is contrary to the moral norms of society. However, children born out of wedlock are innocent and their legitimate rights and interests should be protected by law.
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. Returning to the issue itself, if the two parties have a dispute over the issue of child support, they can sue the court and ask the court to hear the judgment.
As the biological parents of a child, either parent is obligated to raise the child until adulthood. The party on which the household registration is registered is not the only basis for the court to determine the ownership of child custody. For child support, those under the age of two are generally raised by their mothers.
For children over the age of eight, the court will consult the child's wishes, and will also make a comprehensive judgment on which parent will raise the child based on the financial situation of either party, whether it is more suitable for the child's growth, and whether the grandparents have been raising the child. For the parent who is not responsible for the child's support, child support needs to be paid. The court will determine an amount based on the local economic situation, the child's consumption per month, etc.
If, over time, the original maintenance is insufficient, you can sue for an increase in maintenance. If either parent has violent tendencies, bad habits (such as alcoholism, gambling, etc.) and is not suitable for the child's development, the court will award the child to the other party. Therefore, it is not that the woman wants the man to raise it, so she can let the man raise it, and it is necessary to analyze it in combination with the specific case.
The relevant law stipulates that children born out of wedlock enjoy the same rights as legitimate children, 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.
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Legal analysis: The absence of a marriage certificate is a cohabitation relationship, and for a child born of a cohabitation relationship, it is an illegitimate child. Children born out of wedlock have the same custody rights as legitimate children.
Custody of a child born out of wedlock is determined in the following way: for children under the age of two, in the case of direct custody 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.
Legal basis: Civil Code of the People's Republic of China
Article 1084:The relationship between parents and children is not 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.
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.
Article 1085:After divorce, where 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.
Article 1086:After a divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.
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Legal analysis hand accompaniment: both parties have given birth to a child, although it is an illegitimate child, but both men and women should fulfill the obligation to raise the child in accordance with the law; The custody of children shall be in accordance with the relevant provisions of the law.
Legal basis: Bi Liangdu, "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts" Article 3: Children under the age of two are generally directly raised by the woman, and for children over the age of two who are minors, both the father and the mother are required to live with them.
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Summary. The husband has legal custody of the child born out of wedlock.
The man who did not have a marriage certificate gave birth to two girls at the same time, and the woman did not know what responsibility the man should bear.
The husband has legal custody of the child born out of wedlock.
As a woman, you can ask for cohabitation and distribution of custody of the child. Legal basis: Article 10 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation in the Name of Husband and Wife by the People's Courts without Marriage Registration stipulates that:
When an illegal cohabitation relationship is dissolved, the income obtained by both parties during the period of cohabitation and the property purchased by both parties shall be treated as ordinary common property, and the property voluntarily donated by one party to the other party before cohabitation may be treated as a gift relationship; The property claimed by one party from the other party may be handled with reference to the spirit of Article (18) of the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws issued by the Supreme People's Court (84) Fa Ban No. 112: "If the two parties have a dispute over the jointly purchased property during the period of cohabitation, it is first necessary to see whether the parties have made an agreement on the property during the period of cohabitation. The specific share can be determined according to the role of both parties in acquiring the property. The purpose and nature of the property involved during the cohabitation period must be clarified, and relevant evidence, such as invoices, transfer records, etc., must be kept, so as to defend their rights in the event of disputes in the future.
If the man does not bear the responsibility of support, you can sue the other party, and now the man knows that you have found out about this situation?
The man already knew that the woman knew about it.
Are you a man or a woman?
Woman. Now that Woman A knows, the man still wants to get a marriage certificate with another woman before he has no clear economic and other matters with Party A, what should Woman A do?
In that case, prepare to sue.
What happens to sue the man, first of all, alimony, and secondly, to compensate you for the related losses.
What other economic disputes do you have?
The man first started by saying that the woman had a child with the same woman outside, and the man was together at the same time, and he didn't have a marriage certificate, legally speaking, what is it, now that the woman knows, he also delineates the economy and other things, and plans to secretly use the woman to get a marriage certificate with another woman.
The man's situation, because he did not obtain a license, does not constitute the crime of bigamy, but only at the moral level.
So now that you know the situation, you have to fight for your best interests financially.
What happens if you prosecute the man or if he works.
There will be no criminal detention. If the man is a public official, it will have a certain impact, and it is a matter of life style.
If you work in a private sector, your lawsuit will generally not be affected.
How old is your child?
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A child born out of wedlock is an illegitimate child, and a child born out of wedlock enjoys the same rights as a legitimate child, and both parents of the child jointly enjoy and bear the rights and obligations of raising, educating and protecting the child. Article 1071 of the Civil Code of the People's Republic of China enjoys the same rights as legitimate children, and must not be harmed or discriminated against by any organization or individual. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the adult child who is not an adult child or who is unable to live independently.
Article 1058: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.
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Legal Analysis: If the marriage is not registered, it is only a cohabitation relationship, and the custody of children: The people's court hears divorce cases, and properly resolves the issue of child support from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, taking into account the specific circumstances such as the ability and conditions of both parents to raise them.
If the child is still breastfeeding, the mother will be raised with the breastfeeding mother, and the man shall pay the child's maintenance. If a child is between the ages of two and ten, it is generally raised by the parent who is conducive to his or her growth, and the other parent pays child support. If the child reaches the age of 10, the child's opinion must be sought on who should be raised.
The parent raising the child may claim maintenance from the parent who is not raising the child.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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