I am not married, I have a child, and now the child is 17 months old, can the man get custody in the

Yes, custody proceedings should be filed until the child is able to live independently.

According to the spirit of the Notice of the Supreme People's Court on Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts, as long as the child is a minor and does not live independently, both parties have the right to change custody.

Relevant legal provisions: Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts (discussed and adopted at the 603rd meeting of the Adjudication Committee of the Supreme People's Court).

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

17. Where both parents agree to change the relationship between the children and the child, it shall be permitted.

It should be taken, as long as it is a child of the two of you, whether the parents are married or not, they should bear the responsibility of raising him, and there is no problem in suing him in court.

Legal analysis: If you do not have a marriage certificate, you can still go to the court to sue to resolve civil disputes. It should be emphasized that divorce cases cannot be sued without a marriage certificate, but if there are child support and property disputes between the parties, civil cases can still be litigated, for which the Supreme Court has relevant documents.

In addition, if your spouse has held a marriage ceremony while living with the other party, but you do not know that the other party has a legal marriage registration but has not divorced, the other party is suspected of bigamy, and you can still pursue criminal prosecution and demand that the other party be held criminally responsible.

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.

The law of judgment on the custody of illegitimate children is the same as that of legitimate children, and the ownership of custody can be negotiated by both parties, and once the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:

Education, employment, income, age, family environment, age of both spouses, age of children, etc.

If you have a child out of wedlock, your fault is for violating the marriage law, but the child is not at fault, he is still the child of both of you.

Since it is the child of both parties, there is an obligation to raise it.

You can sue for child support, but there is evidence that the child was born to both of you. ‍

Guangzhou lawyer Guan Dongping:

According to the law, custody of the child can be sought.

Of course, it is both the duty and the right of parents to raise their children.

Are you male or female? How long did it take for the baby to be born? How are the family conditions compared to each other?

1. Marriage certificate shall be reissued after giving birth to a child out of wedlock.

After giving birth to a child out of wedlock, it is possible to make up the marriage certificate. When a mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.

2. Is it worth tens of thousands of fines for having a child out of wedlock? Is it high?

Having a child out of wedlock does not require a fine of tens of thousands. It is not illegal to have a child out of wedlock, and as long as it does not violate the family planning policy, there is no fine. Children born out of wedlock are not subject to a fine, but are subject to a certain amount of social maintenance.

The policies on social maintenance fees vary from place to place, and the specific amount needs to be consulted with the local ** department.

3. Can domestic violence fight for child custody?

Domestic violence can fight for custody of children. The law stipulates that both parents have the obligation to raise and educate their children, and both have the right to fight for custody of their children. However, the ownership of custody is based on the premise of protecting the child's physical and mental health and legitimate rights and interests, and is based on the specific analysis and determination of factors such as the economic situation, living conditions of both parties, and factors conducive to the healthy life of the child.

Therefore, in the end, who will have custody will depend on the specific situation. If domestic violence adversely affects the child's physical and mental health, there is a high probability that custody will not be granted.

Civil Code of the People's Republic of China

Article 1071: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.

Legal Analysis: Custody. Because the child is also the man's biological child, so the man has custody rights, and when the lawsuit is filed, which side of the child's parents is referring to which side of the child can raise the child if the conditions are average, the mother is more likely to raise the child.

Basis of the law: Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the same rights as legitimate children, and no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.

Subject matter: Custody dispute over children in a common-law relationship.

The court decides whether to file the complaint within 7 days of receipt of the complaint and, if it does, sends the complaint to the defendant after 5 days. And decide on the time limit and time for presenting evidence, which is generally a one-month period for presenting evidence.

1. The court shall decide whether to accept it within 7 days, that is, if the court decides to accept it, it shall be within 7 days.

2. Article 123 of the Civil Procedure Law stipulates that if the conditions for filing a lawsuit are met, the case must be accepted, and the case shall be filed and the parties shall be notified within 7 days, and if the conditions for filing a lawsuit are not met, a ruling shall be made within 7 days and shall not be accepted. The parties may appeal against the decision of inadmissibility.

3. Disputes over custody of children born out of wedlock are civil disputes and fall within the scope of civil cases accepted by the court, as long as there is a clear defendant and specific litigation claims and factual reasons, it meets the conditions for filing a lawsuit, and the court shall accept it in accordance with law.

Hello answer. Civil cases: The case shall be concluded within three months from the date of filing the case under the summary procedure, and within six months from the date of filing the case under the ordinary procedure (under special circumstances, the case may be extended by six months, that is, the case must be concluded within one year with the approval of the president).

Criminal cases: Conclude the case within 20 days from the date on which the summary procedure is filed (where the sentence may be extended to one and a half months imprisonment of more than three years), and the verdict in a public prosecution case shall be announced within two months, but not more than three months at the latest (in special circumstances, it may be extended by three months when reported to the Supreme People's Court).

Question: I don't have a marriage certificate, two children, how to judge.

Because there is no marriage relationship between you at all.

Ask me what if I want to have a baby.

Then state in the claim that you want custody.

The determination of child custody is based on the following principles and methods: first, it is determined by both parties through negotiation; Secondly, if the negotiation fails, the court will determine the following principles: 1. Children under the age of two years.

Generally, children under the age of two will be awarded to the woman. 2. Children over the age of two and under the age of eight. For children over the age of two years, both the father and the mother request to live with them, and if one of the parties has any of the following circumstances, priority may be given to children over the age of 3 or 8.

If a minor child reaches the age of 8 and the parents have a dispute over custody, the child's opinion should generally be taken into account.

The question is now that the child is in the man's name, and he is not allowed to see the child.

It is also unreasonable not to be able to see your child, you can call the police.

Ask, how do you have a good chance of winning the lawsuit? Can you call the police?

If you want custody, you need to sue.

Q: How long does it take for a custody case to be closed?

Answer to civil cases: the case shall be closed within three months from the date of filing the case under the summary procedure, and the case shall be closed within six months from the date of filing the case under the ordinary procedure (under special circumstances, the case may be extended by six months, that is, the case must be closed within one year with the approval of the president).

It would be better for me to ask how to do it.

How long will it take, and if you meet the conditions, you will sue him and he will accept it.

There is simply no custody dispute ......

Apparently following the woman.