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In the absence of private remedy, the only option you can choose is public remedy. In China. It is the people's court.
According to you, your sister and brother-in-law's marital relationship has basically broken down, but the man may not file for divorce within one year after the woman's resignation, unless the woman does so or the court deems it necessary. You can consider whether your brother-in-law has one of the following:
1.bigamy or cohabitation with another person2Committing domestic violence, abusing and abandoning family members3, gambling, drug abuse and other vices have been repeatedly taught 4
Separated for two years due to emotional discord. If one of the courts fails to mediate and grant a divorce, and if one party has paid more obligations for raising children, taking care of the elderly, or assisting the other party in work, he or she has the right to request compensation from the other party, and the other party shall compensate him. In the case of divorce due to bigamy or cohabitation, or domestic violence or abuse and abandonment of a family member, the innocent party is entitled to claim damages.
After the divorce, the breastfeeding child is raised by the nursing mother, and the other parent is responsible for the necessary living and educational expenses.
So your first priority is to go to the people's court and see how they deal with it.
Hope it helps.
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If you have a marriage certificate, you can go to court to sue him, otherwise it will only be detrimental to your sister if it drags on like this.
What are you going to do with this kind of man, why do you want your sister to go back Hurry up and sue for divorce Children don't want If you want a child, ask the man to pay off the living expenses at one time I think it is difficult for this kind of man to have living expenses.
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Your sister is really pathetic. Find a better lawyer. I really didn't expect that there would be such a man in this world! Hurry up and get a divorce. His house is uninhabitable!
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Go to the court, if it doesn't work, divorce, give the child to the man and let him get it himself, the woman will never let the child see what to do with him, bear man!
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This man is really not a thing, wolf-hearted dog-hearted.
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What do you mean, are you going to get a divorce?
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Summary. Dear, I'm glad to answer for you, can the man who is not married and has children go back to his parents' house with the woman on the second day of the Lunar New Year, yes, it is best to go back to his parents' house on the premise that both parents know this situation. Returning to one's mother's house on the second day of the first lunar month is one of the folk customs for the New Year, and some places still regard this day as "Aunt's Day".
As a married daughter, it is reasonable to go back to her parents' house to visit the second elder and pay New Year's greetings to her parents, and it is natural for a husband to accompany his wife to go with him.
Relatives debate relatives, I'm happy to answer for you, unmarried and have children, can the man go back to his parents' house with the woman on the second day of the Lunar New Year, yes, it's best to go back to his parents' house on the premise that both parents know about this situation. Returning to one's mother's house on the second day of the first lunar month is one of the folk customs for the New Year, and some places still regard this day as "Aunt's Day". As a married daughter, she went back to her parents' house to visit the two elders and greet her parents, which was reasonable, and it was natural for a husband to accompany his wife to go together.
Every year, the man doesn't want to go, so what's the reason?
If the man doesn't want to go, there are many reasons, maybe he is afraid of trouble.
Did you ask him?
Asked. What did the other party say?
I feel that one is afraid of trouble, and the other is that he said that he went to the woman to make trouble, no one knew Sanxiang, and it was not that his parents did not agree to Liang Wanna at that time, and there was trouble at home, but I don't know what the real reason is.
I just felt like I let him go with him for the sake of good looks.
If it's from his point of view, I think the biggest reason is because of your parents, do they usually interact with each other or something?
No. I don't have much contact.
It must be because I don't know it. You and your parents are both relatives, but he will feel that he is an outsider and it will definitely be embarrassing.
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Legal analysis: If the woman is kicked out of the man's family just after giving birth, she can file for divorce and fight for custody of the child. If the relationship between the husband and wife has broken down, the woman can also file a divorce lawsuit with the court within one year after giving birth.
In principle, a child who is still breastfeeding is raised by the woman.
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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Summary. Hello dear, for your situation, I make the following analysis for you: pregnancy is a matter of both parties, now the woman is pregnant, the man has no right to unilaterally disagree to have a child, if the child is born, both parents are obliged to support the child, and the party who does not directly raise the child is obliged to pay child support.
The woman is pregnant + the man doesn't want it + the woman's parents insist and take the woman back to her parents' house The child is born + Can the man not be responsible.
Dear, hello, for your situation, I make the following analysis for you: pregnancy is a matter of both parties, now the woman is pregnant, the man has no right to unilaterally disagree to have a child, if the child is born, the parents refer to both parties to the child by the obligation to support, do not directly raise the child of the bridge of the party has the obligation to eliminate the distribution of child support.
Hello dear, the following is a collation of relevant for you, I hope it will help you: Legal analysis: sexual relations have occurred consensually, the woman is pregnant, and the man is not responsible for not violating 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 children born in wedlock, 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.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
Recourse to the law. Let's go through the divorce process.
Do you mean that if the woman divorces the man and remarries him again, can she have another child, if so, according to the law, this is not possible, because the woman and the man used to be husband and wife, although after they divorced, the court awarded the custody of the child to the man, the woman seems to have no children, in fact, the court has recorded your affairs, when you are reborn and reunited, then the child has belonged to you to raise together, If they want to have more children, they will be breaking the law, and if they are both determined to have one more child, then they will face long-term fines. >>>More
In fact, these women don't have them, because it's just a façade that doesn't belong to changing his essence, but these belong to the man and will also belong to the woman, because everyone is a husband and wife.
Now that you're together, can you try not to get divorced? At least for the sake of the newborn child! If the child is indeed leaving, the court will definitely award the child to the man, because the child needs to be breastfed for a period of time after birth, which can only be done by the woman, and the woman must be very weak after giving birth to the child, and the man is obliged to take care of the woman for a period of time. >>>More
After breaking up, the woman will definitely return the necklace of more than 2,000 yuan to others, of course, not to return the necklace, but to give money to others.