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The woman's ignorance of the children after the divorce is indeed not in accordance with the law. But if the child is not born together, then the woman does have this right. But if the child is born to a woman, then it is also a violation of the law for the woman to ignore it.
After the divorce of both parties, the custody of the child becomes a big problem, if the child is awarded by the court to the father, then the mother also has to pay the child's maintenance expenses every month.
Child support must be paid by law, and in this case, the woman did not care about the man's children after the divorce. In fact, I didn't understand what the man's child meant, whether it was the man's child before marriage, or the child's child born with the woman. If it is said that this is a child born by two people after marriage, then the woman does not care if it is illegal, and the man can also have the right to sue the woman to the court and ask the woman to pay for the child's support.
But if the woman can't even protect her own life, it will be found after a legal investigation. If a woman does not have a stable job, then this maintenance fee can also be postponed for a while.
Do not cause other harm to the childThrough the marriage law, no matter who the child belongs to, the other party needs to pay child support, so there is no escape. If the payment is not made, the other party can also sue the other party in court. Paying for child support is what biological parents should do, and even if both parties are divorced, it is because of the parents that the marriage fails.
It has nothing to do with the child, and the child itself has already caused a lot of harm because of the divorce of the parents.
Sue to the court, but if you quarrel with the child and the other party for the monthly maintenance expenses, it is indeed very speechless. And the harm to the child is also very great, so it is recommended that parents do not quarrel over some maintenance costs. Failure to pay child support is an illegal act, and it is enough to sue directly in court.
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This should be illegal, because the woman belongs to the mother, and must have an obligation to take care of the child, and must also give a certain amount of child support.
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It is illegal, and the husband is obliged to take custody of the child, so it is not correct for the man to do so.
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This is illegal because after the divorce the woman is still the mother of the child and needs to pay child support.
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Legal analysis: If there is an agreement at the time of divorce and it is confirmed in the judgment, the right of visitation shall be exercised according to the determination of the judgment. If the other party does not cooperate, it can sue the court for enforcement, that is, detain or fine the person who has the obligation to assist.
If the divorce judgment does not grant visitation rights, you can file a lawsuit to ask the court to grant visitation rights, and the court will determine the form and place of the exercising party.
Legal basis: Article 1086 of the Civil Code of the People's Republic of China After 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 of exercising the right of visitation shall 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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It is crucial to hire a good lawyer, because you hire a good lawyer, he can ask you for more compensation, the knowledge of the law is fixed, but how to interpret it is not fixed, you go to the lawsuit. If you don't hire a lawyer, you don't understand the procedural things, and you don't know what regulations to rely on to assert your rights, but if you hire a lawyer, you may spend some fees, and you can use your own rights and interests to get enough protectionThis lawyer will do his best to deal with this matter for you, because the more compensation you get, the more it will pay.
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Yes, the woman needs to bear the main responsibility, because the woman's behavior has constituted the crime of marriage fraud, and she should also make relevant compensation to the man.
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Article 4 of the Marriage Law of the People's Republic of China stipulates that husband and wife shall be faithful to each other and respect each other. Breaches of the duty of fidelity often cause very serious emotional and spiritual harm to the spouse. This has a lot to do with the understanding of marriage and family among the general public in our society because of habits, traditions, and other reasons.
Therefore, Article 28 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that "damages" as provided for in Article 46 of the Marriage Law include compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.
Question: Can I file a lawsuit with the people's court now? What evidence do you need?
How much can I compensate for now?
Compensation standard for moral damages:
The Interpretation of Moral Compensation provides for three different types of compensation for moral damages;
1) For those who cause death, compensation for death shall be paid;
2) For those who cause disability, they shall be compensated for disability compensation;
3) Where the infringement of the person does not cause death or disability, compensation shall be made for spiritual solace.
When natural persons' rights to life, health, body, name, portrait, reputation, honor, personal dignity, personal liberty, or other personality rights are unlawfully infringed upon, they may request compensation for mental harm in accordance with law. For serious mental damages, the amount of compensation for solatium is divided into five levels: 50,000 yuan, 40,000 yuan, 30,000 yuan, 20,000 yuan, and 10,000 yuan; For general mental damages, the amount of compensation is divided into four levels: 8,000 yuan, 6,000 yuan, 4,000 yuan and 2,000 yuan.
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In this case, it is possible to sue the woman, the two people are still married, but they have children with others, which is also a crime of deception, and it is also a breach of marriage.
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Of course not. This is just a moral act and does not rise to the level of law, so the woman does not need to bear legal responsibility.
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It is illegal for a woman who is not divorced to run away from home and care about children. It violates the legal obligation of parents to support their minor children as stipulated in the Civil Code of China. According to the relevant laws and regulations of the Rotten Emperor, Gao Lizha's parents have the obligation to raise, educate and protect their minor children.
If the parents do not fulfill the aforementioned obligations, the minor children or adult children who are unable to live independently may request the parents to pay child support.
[Legal basis].
Article 26 of the Civil Code of the People's Republic of China.
Parents have a duty to upbring, educate and protect their minor children.
Adult children have an obligation to their parents to support, support and protect them.
Article 1067.
Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents quietly 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.
Article 261 of the Criminal Law of the People's Republic of China.
Where an old, young, sick, or other person who lacks the ability to live independently, who has an obligation to support but refuses to do so, and the circumstances are heinous, is to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
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Legal Analysis: The man who does not care about the children can file for divorce. According to the provisions of the Marriage Act, both men and women may unilaterally file for divorce.
Article 32 of the Marriage Law stipulates that if a man or a woman requests a divorce, he or she may mediate with the relevant departments or directly file a divorce lawsuit with the people's court.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Divorce The judgment of the child depends on the circumstances: 1. It is awarded to the woman. Children under the age of two years are generally awarded to the woman.
2. Award to the man or the woman. For children who are over two weeks old and have a high level of fever, both the father and the mother request to live with them, and the minor children over the age of eight who want to live with one of the parents may be considered as priority conditions for the children to live with their parents. 3. On the premise that it is conducive to protecting the interests of the children, both parents may also agree to take turns raising the children.
Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not extinguished by the divorce of 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.
After divorce, children under the age of two years are raised 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.
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Summary. Hello dear, it's an honor to answer for you; It is wrong for the woman to never look at the children after the divorce and ask the children, and we should respect the other party's attitude towards the exercise of power if we do not visit the children after the divorce. However, for the existence of the child, the two people should bear the corresponding responsibilities and obligations for him.
From a legal and logical point of view, the right of visitation is a right based on parental authority, and as long as the status relationship still exists, visitation should be a right that can be exercised by the party who is not directly raising it.
After the divorce, the woman no longer looks at the child and asks the child if it is right.
Hello dear, it's an honor to answer for you; After the divorce, the woman will never see the child again and ask the child is not wrong, after the divorce does not visit the child, we should respect the other party's attitude towards the exercise of power. However, for the existence of children, the two individuals should bear the corresponding responsibilities and obligations for them. From a legal and logical point of view, the right of visitation is a right based on parental authority, and as long as the status registration relationship still exists, visitation should be a right that can be exercised by the party who is not directly raising it.
Legal basis: The first paragraph of Article 1086 of the Civil Code stipulates that after 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.
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