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It's really unfortunate, there is an unfortunate thing, I am worried about you, but my point of view is that it doesn't matter if your cousin goes or not, as long as the child is with your brother's surname, and when they get married, they live in **! ! As long as two people have a good time!! Don't break up two people who could be happy together again because of some unnecessary secular concepts!!
That's the tragedy of misfortune!
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Legally your cousin should be held responsible! When having sex with a girl under the age of 18, whether the other party is willing or not, the man has an unshirkable responsibility!
If the woman is not able to raise the child, there is a good chance that the man will come back.
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People now, really... We're old.
Your cousin is responsible!! Either way, I think they should both talk about it, after all, they have a child
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Alas! What do I say about your brother?
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The breakup of children born out of wedlock is handled as follows:
1. The custody of a child born out of wedlock can be handled by both parents through negotiation when the two parties break up;
2. Children under the age of two shall be raised directly by their mothers;
3. 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 shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor children;
4. Where a child has reached the age of eight, his or her true wishes shall be respected.
Custody refers to a personal right of a parent over his or her child. Parents have a duty to upbring, educate and protect their minor children. The maintenance of minor children by parents is unconditional, unless otherwise provided for by law.
"Maintenance" refers to the provision by parents of the necessary material conditions for the healthy growth of their minor children, including the expenses for feeding, feeding, raising, and providing living, education, and activities. Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual. 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 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 1067: [Parents' Obligation to Support and Obligation to Support Children]Where parents do not perform their obligation to support, 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.
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Children born out of wedlock have the same rights as children born in wedlock. After the breakup, one party has custody and the other party has the obligation to pay child support.
Legal basis] According to Article 25 of the Marriage 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.
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Children born out of wedlock have the same rights as children born out of wedlock. Therefore, even if you break up, you will also be responsible for the maintenance of the children born during the period of cohabitation, that is, one party will take custody and the other party will pay child support. A party's unwillingness to pay child support is contrary to the law and cannot be supported by law unless the parent who has obtained custody waives the right to claim it.
It is still reasonable, legal and objective to negotiate the custody of the child, child support, and visitation rights. If there is joint property during the period of cohabitation, it should also be reasonably divided. These are the contents of the agreement you are going to sign.
I really want to keep the child, and the man is willing to be responsible, so negotiate with the man to pay the child's future support, and I want to keep the child, but the man is not willing to be responsible. judicial channels, sue the man, pay part of the child's maintenance and education expenses;
No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.
According to Article 73 of the Land Management Law, the sale or other forms of illegal transfer of land, by the people's land administrative departments at or above the county level confiscate illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; A fine may be imposed concurrently, and the person in charge who is directly responsible and other persons directly responsible shall be given administrative sanctions in accordance with law, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law.
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How to deal with the breakup of unmarried children, and who belongs to the children born out of wedlock?
The parties may negotiate, but if the negotiation fails, the judgment will be made to maximize the interests of the children.
Children born out of wedlock enjoy the same legal status as legitimate children, and the courts generally apply the principle of "conducive to the healthy growth of the child" to determine this. Courts generally take the following specific methods:
1) To whom is custody awarded for a child born out of wedlock? Under the age of two, custody is generally obtained by the woman.
Children born out of wedlock under the age of two years should generally live with their mothers because they are breastfeeding or are still young. The court may also order the child to live with the father if the mother has any of the following circumstances:
1.suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2.Failure to fulfill the obligation to support the child, and the father requires the child to live with him;
3.Where both parents agree that a child under the age of two lives with the father, and there is no adverse impact on the child's healthy growth.
2) To whom is custody awarded for a child born out of wedlock? Preference will be given to the party with better conditions over the age of two.
The court may give preference to one of the parents if they have one of the following circumstances:
1.The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child;
2.If there are no other children, and the other parent has other children;
3.It is not appropriate for the other party to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.
3) To whom is custody awarded for illegitimate children? In determining the custody of a minor child over the age of 10, the opinion of the child shall be taken into account.
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When an unlawful cohabitation is dissolved, who will raise the illegitimate child born to both parties? If the two parties negotiate, if the negotiation fails, it shall be decided that the child during the lactation period should be raised by the woman in principle according to the specific circumstances of the interests of both parties, and if the conditions of the civil party are good and the mother agrees, the man may also raise the child, and the child is a person with limited civil capacity, and the opinion of the child himself shall be sought, and the consent of the other party shall be obtained if one party gives the minor child to another person for adoption.
It is very common to have children out of wedlock in today's society, partly because of the advanced view that children are the crystallization of love and have nothing to do with the need to get married, and partly because of their youth and ignorance, impulsiveness is all in all, and children who are not married and have children are not legal in themselves, but both parties still have custody of the children.
With regard to the maintenance of the child, the education fee is negotiated and judged, and the parent raising the child pays 20% to 30% of the personal income every month. No more than 50% of the income is exceeded, and major expenses and educational expenses can be claimed after the fact.
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One party raises and the other party pays alimony.
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This is simple, the two sides negotiate, if you can't negotiate, then go to the court to sue, that's all.
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The same way to deal with it, depending on who the child belongs to, and the other party can take child support, which is basically the same approach.
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