The two are divorced, and neither party is able to support the children, can the uncle fight for the

Updated on society 2024-05-01
5 answers
  1. Anonymous users2024-02-08

    OK. According to the Marriage Law of the People's Republic of China:

    Article 28: Grandparents who are able to afford it have the 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 29: Older brothers and sisters who can afford it have an obligation to support minor younger brothers or sisters whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.

    According to the Adoption Law of the People's Republic of China:

    Article 17: Children who are orphans or whose biological parents are unable to raise them may be raised by relatives or friends of their biological parents.

    The relationship between the caregiver and the dependents does not apply to the adoptive relationship.

    Therefore, minor children whose parents are unable to support them can be raised by their grandparents, maternal grandparents, older brothers and sisters who can afford them. If the grandparents, maternal grandparents, brother or sister are unable to support them, they can also be raised by relatives of the parents.

  2. Anonymous users2024-02-07

    Heaven I Fora....I don't know what the landlord is asking about the upper floors...Withdraw the message, normal people know it....People are asking about the withdrawal of the prompt, how to change it....Although I'm also figuring it out.

  3. Anonymous users2024-02-06

    Legal analysis: If both parents are unable to raise children after divorce, they can file a lawsuit with the court, and the court will decide who has custody according to the facts of the case. Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

    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.

    Legal basis: "Civil Code of the People's Republic of China" Article 1 Liang Kai Qian067 Where parents fail to perform their obligation to support them, minor children who are underage or adult children who cannot 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 alimony from their adult children.

  4. Anonymous users2024-02-05

    According to Article 1084 of the Civil Code of the People's Republic of China implemented in 2021, 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.

    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 can be seen that both parents have the obligation to raise their children, and both parties should do their best to raise their children. Custody can be negotiated by both parties, and if the negotiation fails, the court will make a comprehensive judgment based on which party can give the child better conditions.

    Article 1084 of the Civil Code of the People's Republic of China provides that 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.

    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. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two years, 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.

  5. Anonymous users2024-02-04

    At any time after the divorce of the husband and wife, there is a significant change in the situation or support ability of one or both parties, such as the treatment of one of the parties because he or she is not able to raise the child;

    can make a request for a change in child custody. If the agreement is not reached, the people's court may request a judgment to change the child through a lawsuit in Xiangtuan.

    Legal basis] Article 1067 of the Civil Code, if the parents do not fulfill the obligation to support them, the minor children or adult children who cannot live independently have the right to demand that the 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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