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It depends on the child's relationship with her father, and if the child has feelings for his father, of course he can be sent to the end. If you don't have feelings, don't force your child.
Because contradictions do not exist because of death, only when the person who creates the contradiction sincerely recognizes the mistake can it be forgiven.
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After the death of the father, the estate is inherited by the spouse, children, and parents.
If a child has the ability to support and the conditions for support, but does not fulfill the obligation to support, the inheritance shall be distributed without or less.
According to the Inheritance Law of the People's Republic of China:
Article 9 Men and women are equal in inheritance rights.
Article 10 The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
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Legal analysis: Under normal circumstances, if the husband and wife agree to divorce and can reach an agreement on the custody of the children, they can directly complete the divorce agreement, in which it is stated who should have the custody of the children, and explain how the divorce is the joint property of the husband and wife. Then the husband and wife can go to the Civil Affairs Bureau to register the divorce and file the divorce agreement.
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' intention to divorce voluntarily and the opinions of the parties 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) Gambling and drug abuse, and other bad habits that have been repeatedly taught;
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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My wife divorced and didn't leave home, and after the divorce, she gave birth to another child, and finally he got married and took all the children away from me, does this family still belong to him?
Hello, dear, I'm glad to answer for you, I'm an emotional mentor Baobao, I hope mine can be helpful to you. <>
Judging from the situation you described, the two people have divorced and married, and he got married again and took the children away, so of course this family does not belong to him, from the moment the two people divorced, this is not her home, because the chain only returns to dissolve the marriage contract for the two people, that is, outsiders. That's the case, so now you have nothing to do with her here, the two have divorced, she married someone else, and now it only involves the issue of raising children, as long as it belongs to your lover's children, everyone can take child support when they are hungry, this family has nothing to do with him, and he has no money to participate in anything in the family, this is the case, you must distinguish it clearly.
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You can sue, apply for visitation, and the court will help you.
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It can be negotiated, and if the negotiation fails, you can apply to the court for a change of custody or visitation rights.
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Marital problems are one of the important factors that seriously affect physical health. "Happy families are similar, unhappy families are different! ”。
A happy marriage is the special secret kernel that makes up a happy family; A happy marriage can make people live a long and healthy life, which is the universally recognized principle and law. From the scientific research of medicine, behavior, sociology and psychology, the consistent analysis believes that frequent verbal confessions of regret and failure in marriage, as well as bad marital relationships, can lead to many troubles and health problems.
Understanding and tolerance are the panacea for resolving contradictions, and restraint and warmth are effective bandages for bandaging the wounds of the soul! ”;In particular, the health of psychological quality is the connotation of quality on the same level as ethics and morality, and to a large extent maintains the stability and happiness of modern families!? Moreover, there are many issues related to future generations, and it is not too much to describe it as a "chain reaction"!
This shows how important a happy marriage is!
Some people say that a happy marriage is built by both men and women, and it has nothing to do with fortune-telling marriage, if this is the case, the old saying is good, only envy the mandarin duck and not the immortal, so try to ask the world, which couple does not want to hold the hand of the son and grow old with the son. Some people also say that marriage is destined, who to marry, what kind of person to marry, how many marriages should be married in life, and how many marriages should be divorced, all of which are predestined and cannot be changed. From a numerological point of view, a happy marriage is directly related to the degree of matching of the eight characters of both men and women.
In numerology, Kefu's female life is to bring the injured officer and see the official, the strong and weak officials are more than the robbery, the weak officials kill the prosperous, and the official star is merged or rushed. The male life of the wife is that the eight characters are weak and robbed, the weak and prosperous wealth, the strong and weak wealth robbed the wealth and the sheep blades, and the wealth star is combined or rushed. The peach blossoms outside the wall of the male and female eight-character belts are the main factors that cause marriage unhappiness.
It can be seen how important it is for the husband and wife to match the marriage according to the numerological marriage law!
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The child can take the mother's surname, but with the consent of your former husband. Take your ID card and household registration book (the child should be on your household registration) to apply at the local police station, which requires your former husband's signature and consent. Children over the age of 10 need to agree to the change.
The Ministry of Public Security's reply on issues related to the change of children's names after the divorce of parents points out that "if the parties to the divorce have not negotiated or reached an agreement through negotiation, and one of the parties requests to change the child's name, the public security organ may refuse to accept it; If one party obtains a change in the child's name because he or she conceals the divorce from the public security organ, if the other party requests that the child's original name be restored and the divorce parties fail to reach an agreement through negotiation, the public security organ shall restore it. ”
Article 18 of the Regulations of the People's Republic of China on Household Registration.
A citizen's change of name shall be handled in accordance with the following provisions: 1 When a person under the age of 18 needs to change his or her name, he/she or his parents or adopters shall apply to the household registration authority for the change of registration 2 If a person over the age of 18 needs to change his/her name, he or she shall apply to the household registration authority for the change of registration.
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OK! Because he is not related to the child by blood, he does not have to ask for his consent. According to Article 10 of the Regulations of the People's Republic of China on Household Registration.
Article 7 and Article 18 shall be submitted to the police substation where the name is changed by the person who needs to change his or her name, and the reasons for the need to change his name shall be fully written and handled at the household registration office of the local police station.
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If it's not his child, he will definitely not raise it, as for changing his surname, it is better to ask him to go with him, so as not to ask the police station left and right, and it is better to do it in one step, and bring a divorce certificate, there is nothing difficult it is as simple as that.
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If I were your husband, I would definitely not do anything for you, you have the ability to solve it yourself. Anyway, we're already strangers, and it's none of my business. It's not complicated, but it's time-consuming.
If you are afraid of trouble, find an acquaintance who is familiar with the process, pay some money to deal with it quickly, and ask people to go through the back door.
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If the name change must be agreed by both parents, both parties must be present to sign, and the required documents are the household registration booklet of both parties, ID card, divorce certificate, application form, etc., and the specific documents required vary from place to place, please go to the police station where the child's household registration is located for consultation.
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Don't care too much, what kind of man she is looking for has nothing to do with you.
It seems that you are not divorced by agreement? That is the lawsuit, and the judge should take into account the child's opinion and the perspective that is conducive to the child's physical and mental health development. Of course, the other parent is obligated to pay alimony and visitation rights.
You really have no conscience.
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