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Furthermore, the parent-child relationship does not disappear at any time unless the parties voluntarily dissociate, but at that time the parent-child relationship still exists from a legal point of view. When the children are awarded to the other party in the divorce, he only obtains the right to raise the children and the right to live with the children, and cannot deny the parent-child relationship between the other party and the child.
The parent-child relationship doesn't go away
The parent-child relationship is also a kind of blood relationship, which will never disappear, and the marriage between him and the mother is not directly related, even if the child is awarded to one of the parties at the time of divorce, but the parent-child relationship with the other party still exists, which is recognized by the law, and the law will not judge that the parent-child relationship disappears, at this time, the child still has the right to support and inherit the inheritance to the parents, and the parents still have custody of the child, even if he does not obtain custody, he also needs to pay child support on time.
How to judge child custody
The husband and wife will make a fair judgment on the custody of the children when they divorce, and the judge will focus on which of the children live with their parents, who live happily and more steadily, and enjoy better education rights, which is more conducive to their growth, and will also make a judgment according to the specific circumstances of both parents, if the child is relatively young, not more than two years old, most of them will be awarded to the woman for support, but the man needs to pay child support and enjoy the right to visitation of the child.
Child support after divorce should be based on negotiation
After the divorce, the maintenance of children should be based on the negotiation between the husband and wife, and they can communicate with each other which party belongs to the child, how much maintenance the other party needs to pay, and then when the negotiation fails, it is necessary to sue the court to raise the child, the other party should bear the necessary living expenses and education expenses, and the time to bear is mostly until the child reaches the age of 18, as for the amount of child support, it needs to be determined according to the local economic level and the actual needs of the children, as well as the financial affordability of both parents. It should be 20% to 30% of their monthly income, but not more than 50% of their monthly income at most.
From the above introduction, it can be seen that the children are awarded to the other party after the divorce, but the children still have a legal parent-child relationship with themselves, and they can also fulfill the obligation to support the children, can give care and help to the children when they need them, and can also often go to see the children and contact him.
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Hello. Your child is still legally parent-child with you. The parent-child relationship between parents and children is not broken by the divorce of the parents.
1.Article 1084 of the Civil Code: The relationship between parents and children shall not be 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.
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As long as it is a confirmed paternity (i.e., a biological relationship) that is confirmed by blood. not the relationship between the stepchild and the stepparent) and does not dissolve with the dissolution of the marital relationship.
In any case, the dissolution of such a biological paternity is not legally recognized.
The relationship between stepparents and stepchildren will naturally be dissolved after the relationship between husband and wife is dissolved.
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Of course, the children have a legal parent-child relationship with you, and this relationship can never be erased, and I think that even if you are divorced, you should give your children a certain amount of love.
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There are still some, in addition to being legally related, there is also a blood relationship, and this family relationship cannot be stopped by the law.
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Yes, legally two people are still paternity, and no matter what time two people arrive, both people are paternity.
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The parent-child relationship is not a legal relationship and cannot be broken by the law.
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If the minor has no other relatives and can become a guardian, then other close relatives or friends need to be guardians, but only with the consent of the minor's parents, or the work unit, or the neighborhood committee or village committee of the minor's residence, can the minor be legally guardian. Guardians have the obligation to raise and educate minors, so it is also a big burden for guardians.
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It is a kinship, although it is said that the two people are divorced, but the child is the biological child of the other party after all, so it is still an immediate family relationship.
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Yes, of course. Because although they don't live together, blood ties exist.
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Of course, the other party and the child are directly related, although the two of you are divorced, but the child still belongs to the two of you.
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According to the economic conditions of both parties, because the conditions are good, the child can live a better life, and the child can also be happier.
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If two people can't get along anymore and choose to divorce, they can divorce by agreement, or they can sue the court for divorceWhoever the child is awarded to has custody of the child, and the child belongs to the family. The legal basis is the relevant provisions of the Civil Code and the Marriage Law.
Whether it is a divorce by mutual agreement or a divorce pronounced by the court, whoever has custody of the child will be considered a family member, and the child will live with whomever he wants. However, the relationship between the child and the other party will not change, and the other parent will also have responsibilities such as upranging, education, and guardianship of the child. Although the marriage relationship between the husband and wife is dissolved, the relationship with the children still exists, and the blood relationship cannot be changed.
The Marriage Law and the Civil Code explain this very clearly, and if we usually study the law more, it will make us become very rational to deal with marriage issues.
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After the divorce, the party to whom the children are awarded belongs to the family members of this party, which is specifically stipulated in the marriage law, because the law supports the support of this party, which means that this party has the ability to raise the children.
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Since it has been awarded to the other party, the child must be a member of the other party's family. The sentence has been pronounced in this way according to the law, and there is no other legal basis. If you want your children to follow you, you need to negotiate with them. Or ask a lawyer to help fight for custody.
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Whoever the child is awarded to is a member of the family, for example, if it is awarded to the man, it is a member of the man's family. The award is given to the woman, that is, the woman's family members, and then the family is awarded to whichever family has the right to custody of the children. But the other party will have the right to visit.
The legal basis is the relevant provisions of the Civil Code and the Marriage Law, which you can look at for yourself. In fact, it is not very good for the children to be awarded to whoever they are awarded after the divorce, for the sake of the children, the husband and wife try not to divorce and give the children a sound family.
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Many times we want to spend time with each other when we get married, and we have a good marriage in our lives, but sometimes the reality is not as good as we imagined. Maybe the other party's personality is not compatible with us, and there is really no way to spend the rest of their lives together, many people will choose to divorce. At this time, the child's problem becomes an urgent problem to be solved.
Some people will think that after the divorce, the child is awarded to one party, that is, the child is the family of the other party before. But this is not the case, no matter which party the child is awarded to after the divorce, the child is the child of both parties. Which party the child is awarded does not mean that the child can only live with that party and has nothing to do with him.
It's just that the child has lived with that party for a long time, and he has lost the opportunity to get along with the child day and night.
However, some people will feel that after the divorce, when the child is awarded to the other party and they want to see the child, the other party will not want to see the child by themselves, but hopes to keep a little more distance between themselves and the child. But in fact, even though the children are not awarded to themselves after the divorce, but with the other party, they also have the right to visit the children, which means that when we think about the children, we don't have to take into account what is appropriate, we can see as much as we want.
Presumably through the above introduction, everyone has understood, in fact, after the divorce, the child is awarded to which party the child is the same party The divorce of the child will not dissolve the relationship between themselves and the child, the child is still the treasure in the minds of every parent, and the divorce just means that the marriage relationship between the two is dissolved, so that the two can live themselves. The life you want, which is also there to be, can give your children a better home environment so that they can thrive in a good family environment. Therefore, in fact, divorce is not without benefits for children, if it is a bad family environment, in fact, if the two divorce, it will be more beneficial to the growth of children.
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This has nothing to do with the children, he still belongs to his own family, and there is no concept of family in the legal sense.
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The main thing is to see whose custody of the child is in whose hands, and whose hands are the members of the family to which they belong.
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In accordance with the relevant provisions of the law. If the child is awarded to the other party after the divorce, the child is a family member of the parent who raised the child.
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Children are members of the other party's family because their custody is in the other party's name, and their household registration is also under the name of the other party, so they are family members of the other party.
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It belongs to the family members of the raising party, and it also belongs to the children of the other party in blood relations, and can also be filial to the other party in the future.
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Legal Analysis: Yes, divorce cannot deprive you of your blood relationship with your children.
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 reached through consultation on matters such as child support, property, and debts.
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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