The daughter has been awarded to his ex wife, and now that she has reached the age of majority, and

Updated on society 2024-08-04
22 answers
  1. Anonymous users2024-02-15

    There is no causal relationship between inheritance and maintenance: 1. It is the responsibility and obligation of each adult child to support the elderly parents, and it has nothing to do with whether they have the right to inherit the inheritance of the decedent; 2. If the parties have any objection to the distribution of the elderly's estate, they can raise it before the elderly's death; 3. If the deceased has a will before his death, the will shall prevail, and if there is no will, it shall be inherited according to the law; 4. China's "Inheritance Law" clearly stipulates the scope and share of inheritance, and the parties can refer to it; 5. If there is any objection to the inheritance share and the scope of the heirs, it can be resolved through negotiation or litigation. 2. Relevant provisions of the Inheritance Law of the People's Republic of China on statutory inheritance:

    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 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation.

    A subrogated heir can generally only inherit his father's or mother's share of the estate. Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation to support her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir. 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. Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs. Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance.

    The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

  2. Anonymous users2024-02-14

    These two people are related by blood, and it is difficult to break away from the relationship.

    It is the traditional virtue of the Chinese nation that the father fulfills the obligation to raise his daughter, and the daughter also has the obligation to raise the father to support the elderly, respect the elderly, and love the young.

    It is impossible to draw a line unless there is a special reason.

    I've heard people publish a clarification in the newspaper before, but now if you have to break away from the relationship, you probably need to consult a professional. For example, the public security system and so on.

  3. Anonymous users2024-02-13

    Summary. Hello dear, if your child is awarded to your ex-husband to remarry, you have the obligation to support your adult child, because your child is awarded to your ex-husband, then your maintenance obligation will be reduced, because the ex-husband will bear part of the maintenance responsibility, however, you remarry and have your own children, you still have the responsibility to support your own children.

    Hello dear, since you have a child awarded to your ex-husband to remarry, you have an obligation to support your adult child, because you are awarded to your ex-husband for your child, then your maintenance obligation will be reduced, because your ex-husband will bear part of the responsibility for support, however, you remarry and have your own children, you still have the responsibility to support your own children.

    In other words, your maintenance obligations include not only the children raised by your ex-husband, but also your own children, and if your new partner also has children, then you and your new partner should be jointly responsible for the maintenance of all the children of the wrong age, including your own children and the children of your new partner.

    According to the relevant regulations, parents should fulfill the obligation of guardianship, support and education of their minor children's life, education, medical care and other aspects of the journey, if your children have reached adulthood, then your maintenance obligations will be reduced, but you still have the obligation to do the necessary financial and moral help and support for your children's stool.

  4. Anonymous users2024-02-12

    Legal Analysis: No, divorce will not be the reason for the collapse of the parent-child relationship. Although the marriage relationship between the husband and wife is dissolved after the divorce, the parent-child relationship between the child and the father and mother is based on blood, not on the marital relationship between the parents, so this paternity relationship will not be extinguished.

    Legal basis: Civil Code of the People's Republic of China

    Article 1084:The relationship between parents and children is not 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.

    Note: The Civil Code came into force on January 1, 2021.

  5. Anonymous users2024-02-11

    There is no legal obligation; But after all, it is one's own grandson, and it is the traditional moral behavior of our country for the elders to raise their own direct blood minors (unable to live independently) and the younger generations.

    1. So the focus is on whether the parents have the ability (if they are not capable, they can do their best to help a little or take care of themselves).

    2. If you have the ability, the focus depends on your parents' own wishes.

    3. At least the biological parents of the children are still alive in law, and according to China's "Marriage Law" and other relevant laws, they have the obligation, legal responsibility, and must raise their children. (Legally, only if both parents have given up custody of the child, the ancestor of the next generation is legally qualified to raise the child.) Of course, if the grandparents also give up, then the court will transfer the child to an orphanage and other relevant benevolent structures to raise the child, and at the same time, from a legal point of view, to a certain extent, the "legal kinship between the blood family and the child" will be sentenced, that is, from a legal point of view, the child will no longer have any legal relationship with the original family members to a certain extent. )

  6. Anonymous users2024-02-10

    If you have no obligation and don't raise your own children, do you still expect your parents to raise them?

  7. Anonymous users2024-02-09

    Although there is no obligation, it is also your own grandson, so I can only help bring it! You can't bear to ignore it!

  8. Anonymous users2024-02-08

    Parents are not obligated to help their son raise him, this is his father's obligation.

  9. Anonymous users2024-02-07

    I don't think he can raise it, you can only raise it, it's not an obligation, but a poor child.

  10. Anonymous users2024-02-06

    As a parent, if you want to help, of course, you can help raise it, after all, it's also your own, grandchildren.

  11. Anonymous users2024-02-05

    If you have the ability, you can help, after all, it is also your grandson.

  12. Anonymous users2024-02-04

    That's your grandson, you can raise it if you want to, forget it if you don't want to!

  13. Anonymous users2024-02-03

    Of course, there is no obligation, of course, if you want to help him raise him, then you can, educate your son well, your own children will not be raised, and the tiger poison will not eat the child.

  14. Anonymous users2024-02-02

    It should be obligatory, after all, it is also the blood of your own family, and you can't just look at it.

  15. Anonymous users2024-02-01

    I don't have this obligation, but after all, it's my own grandson, and it's good to raise it if you can.

  16. Anonymous users2024-01-31

    He must be left to raise himself. How can it be raw? And not raise?

  17. Anonymous users2024-01-30

    In general, the court will not support the change of custody unless:

    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.

  18. Anonymous users2024-01-29

    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.

  19. Anonymous users2024-01-28

    If there is evidence, you can sue and ask for it back.

  20. Anonymous users2024-01-27

    Yes, how can you give up your own children, after all, every girl is closer to her mother.

  21. Anonymous users2024-01-26

    Absolutely, but first and foremost, it must be done according to the legal process.

  22. Anonymous users2024-01-25

    Hello! Targeted answers:

    If your ex-husband does not fulfill his obligation to support his daughter, for the sake of her daughter's healthy growth, you can negotiate with your ex-husband to change the custody of the child, and you will directly raise the child. If the negotiation fails, you can file a lawsuit with the court to apply for a change in child custody.

    Tips: After the divorce, if it can be proved that the party living with the child is not suitable to live with the child as stipulated by law, he can apply to the court to change the custody of the child. According to the laws of our country, after a divorce, if the agreement to modify the child support relationship is not reached, and one party files a lawsuit to change the child support relationship, evidence shall be presented to prove that there is a legitimate reason for the need to change.

    For example, one party has a serious disability or illness; abuse of the child by one party; One party is sentenced, etc.

    In judicial practice, if a party can provide evidence to prove any of the following circumstances, it may be considered that the reasons for the modification are sufficient and the right to claim is established: (1) the party 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. For example, the party living with the child has been re-educated through labor, arrested, or imprisoned for a crime, or has been abroad for a long period of time and cannot be directly raised.

    Hope it helps.

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