How old are the illegitimate children? Can you sue him for bigamy?

According to article 258 of the Criminal Code, a person who has a spouse and marries him/her, or who marries another person knowing that she has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. At present, the forms of bigamy in China are summarized as follows:

1. Bigamy for those who have a spouse:

1) Legal bigamy: refers to the marriage registration with another person before the marriage is dissolved. In China, where marriage is registered as a unitary marriage, bigamy is constituted as long as the marriage has been registered and the marriage is registered again, regardless of whether they live together or not.

2) De facto bigamy: refers to the fact that the marriage has not been dissolved and the person lives together in the name of husband and wife. The de facto bigamy described here must meet three constituent elements: first, in the name of the husband and wife; the second is to live together openly; Third, the masses also think that they are husband and wife.

2. Third-party bigamy:

1) Legal bigamy: Indicates that a person who knows that another person has a spouse still registers a marriage with another person.

2) De facto bigamy: Indicates that a person who knows that another person has a spouse and still lives with another person in the name of husband and wife.

In fact, the "bigamy act" described by many parties does not comply with the law's bigamy, and as a lawyer, we should first identify whether the party's statement is bigamy, and if it does not comply with the law, we should directly inform the party.

2) How evidence should be collected for the crime of bigamy.

According to the above, there are two forms of bigamy, a legal marriage in which a marriage certificate is obtained, and a marriage in which the husband and wife live together without a marriage certificate. Therefore, there are two specific points for what evidence is needed for bigamy:

1. Legal marriage with a marriage certificate: It is recommended to go to the civil affairs agency where the criminal suspect's household registration or habitual residence is located to inquire about the marriage registration of both parties. Once the existence of a second marriage registration is found, it is the most powerful evidence of bigamy, but the possibility of finding it in reality is extremely small, and I believe that bigamists will not be so stupid.

2. Cohabitation in the name of husband and wife without obtaining a marriage certificate: This situation will be very difficult when collecting evidence, and the lawyer's investigation work is very important! Gather as much evidence as possible that the bigamist is living together as husband and wife, such as:

witness testimony from friends and neighbors; Intimacy**, videotaping; A letter of guarantee or confession written voluntarily by one of the bigamy parties; Certificates and information registration documents issued by neighborhood committees, village committees, family planning and other departments or the hospital where the child was born.

He can't be sued for bigamy, and now the law does not recognize de facto marriages, which can only be regarded as extramarital affairs.

DNA testing is a lawsuit that can be filed with the court when you file for divorce.

If you don't mention the divorce lawsuit, you can only find a private investigator or take other means to prove that the child is his!

My lover has an illegitimate child, so what can he accuse me of?

If you have an illegitimate child, whether it is bigamy or not needs to be treated differently. If they cohabit and have children in the name of husband and wife or are recognized as husband and wife, it is bigamy; Otherwise, it is not bigamy.

In judicial practice, there are mainly the following types of bigamy:

1. Registered marriage with spouse, and registered marriage with another person and bigamy, that is, bigamy of two legal marriages. There are cases where a person with a spouse registers his marriage with another person, there are cases where a bigamist deceives the marriage registration office to obtain a marriage certificate, and there are also cases where a bigamist colludes with the staff of the registration office to cheat on each other to obtain a marriage certificate.

2. Registering a marriage with the original spouse, and living together as a husband and wife without registering with another person and bigamy, this is a de facto marriage type after a legal marriage.

3. There is no spouse, but the other party knows that the other party has a spouse and has a registered marriage or cohabitation as husband and wife and bigamy.

1. How to solve the custody of illegitimate children?

The court will determine who will raise the illegitimate child and who will have custody of the illegitimate child according to the age of the illegitimate child and the principle of "conducive to the healthy growth of the child".

1. Under the age of two years, the woman generally obtains custody.

In the case of illegitimate children under the age of two, the custody of illegitimate children under the age of two generally belongs to the mother, taking into account that the child is still breastfeeding or needs more care from the mother. Of course, this is not absolute, and the court can also order the child to live with the father if the mother has one of the following circumstances:

1) The father does not fulfill the obligation to support the child if he or she has the conditions to support him/her, and the father asks the child to live with him.

2) Suffering from incurable infectious diseases or other serious diseases, and children should not live with them.

3) If both parents agree that the child under the age of two will live with the father, there will be no adverse impact on the child's slow and healthy growth.

4) For other reasons, the child is unable to live with the mother.

2. Priority will be given to the party with better conditions over two years old.

For a minor illegitimate child over the age of two, if both the father and the mother request custody, the court will strictly follow the principle of "conducive to the healthy growth of the child" to determine the ownership of the custody of the illegitimate child. The following circumstances may be considered by the court as a priority:

1) Children live with them for a long time, and changing the living environment is obviously not conducive to the healthy growth of children.

2) No other children, while the other parent has other children.

3) Have undergone sterilization or have lost fertility due to other reasons.

4) It is not appropriate for the child 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 disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.

5) The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requires and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

First of all, it needs to be clear that there are two situations that constitute bigamy: 1. Both or one of the spouses, the marriage relationship has not been dissolved, and the marriage is registered with another person; 2. Although the marriage has not been registered, in fact they live together with others in the name of husband and wife. Violations of monogamy shall not be registered by the marriage registration authorities; A person with a spouse and a person of the opposite sex outside of marriage openly living together as husband and wife constitutes bigamy; If a spouse and a person of the opposite sex outside of marriage are not commensurate with the name of husband and wife, but the people's court may, on the basis of the actual situation, combined with the judge's discretion, and consider the length of time the parties have lived together and the degree of stability, and sometimes determine that it constitutes bigamy in accordance with the law.

A person who has a spouse and marries another person, or who marries another person knowing that he has a spouse, shall be punished as the crime of bigamy. If the other party has an illegitimate child and the situation falls under one of the above two circumstances, the other party constitutes the crime of bigamy. The innocent spouse in the marital relationship may claim damages in the event of divorce against the spouse who has committed bigamy.

The legal provisions can refer to Article 1091 of the Civil Code (effective as of January 1, 2021) In one of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages: 1) bigamy; (2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults. First of all, the former partner must bear the responsibility of raising the illegitimate child for a long time in the future, so if he has an illegitimate child, it is still recommended that he must confess this matter to the other party, if he does not tell the other party the true situation, it is likely to cause a lot of hidden dangers to the current relationship.

Even if the other party knows that he has an illegitimate child and can't accept it, then this is the price he has to bear for some impulsive decisions he made at the beginning.

Having illegitimate children does not necessarily mean bigamy. If the person does not obtain a marriage certificate or cohabits in the name of husband and wife, it is not a crime of bigamy. The offence of bigamy protects the interests of one of the legitimate spouses.

Bigamy is a product of the feudal marriage system and a manifestation of the corrupt hedonistic ideology of the exploiting class in the marriage relationship. In a socialist society, bigamy is not allowed. However, today, with the establishment and gradual improvement of the market economic system, the concept of bigamy is very serious.

The so-called "big money" to raise a "second wife" has become very common. Bigamy is a very complex phenomenon, and when dealing with bigamy cases, it is often difficult to distinguish between sin and non-sin lines. The distinction between the crime of bigamy and the non-crime should be distinguished from the following aspects.

1 A distinction should be made between the crime of bigamy and the abduction and bigamy of a married woman who is trafficked. In recent years, the crime of abduction and trafficking in women has been quite serious. In this case, although the trafficked woman objectively has bigamy, she does not subjectively have the intention of bigamy, and bigamy with another person is the result of deception or coercion by others.

2 It is necessary to distinguish between the crime of bigamy and temporary concubinage. Concubinage refers to a man and a woman temporarily living together in the name of husband and wife without marriage, and does not constitute the crime of bigamy. On January 27, 1958, the Supreme People's Court pointed out in the Reply to the Issue of How to Determine the Conduct of Bigamy:

If two people live together, but they are obviously only in a conquest relationship at the time of the round yard, and they treat each other as "concubines" and can freely withdraw at any time, or end the congenital relationship after the expiration of the agreed period, they can only recognize that it is simply illegal cohabitation, and cannot be regarded as bigamy. 3 The distinction between sin and non-sin is determined by the seriousness of the circumstances. In practice, the circumstances and harms of bigamy are classified as minor and severe.

According to Article 13 of this Law, "where the circumstances are obviously minor and the harm is not great, it is not considered a crime." Therefore, the act of bigamy does not necessarily constitute the crime of bigamy. Only bigamy where the circumstances are more serious and the harm is greater can constitute a crime.

According to the spirit of the legislation and practical experience, the following two acts of bigamy do not constitute the crime of bigamy:

1) One of the spouses has bigamy because he or she has fled due to unbearable abuse. In practice, due to the influence of factors such as feudal ideology or family conflicts, the phenomenon of abuse between husband and wife occurs from time to time. If one of the parties, especially women, marries another person in another place after fleeing because they are not abreast of the abuse, it is not appropriate to punish the crime of bigamy because the motive of this bigamy is to get rid of the abuse and the harm to society is obviously less.

2) A person who has bigamy with another person due to a disaster and has fled abroad. Those who are unable to live in their place of origin due to a disaster and have migrated to earn a living. One party knows that the other party is still alive, and some even the two parties have migrated together to earn a living, but they are forced to make a living and have to marry another person while the original relationship exists.

Although this kind of bigamy has the intention of bigamy, it is not very harmful to society and should not be punished as the crime of bigamy.