What should I do if I have a child outside without a divorce

1. How to deal with people who are not divorced and have children.

1. How to deal with not getting divorced and others having children:

1) Having an improper sexual relationship with someone else, resulting in pregnancy and childbirth. In such cases, they should generally be dealt with for violating discipline and the Family Planning Law;

2) During the period of illegal cohabitation with another person, resulting in pregnancy and childbirth. In this case, in addition to accepting the punishment of violating discipline and violating the Family Planning Law, it is one of the circumstances in which the relationship between husband and wife breaks down, and as long as one party files for divorce, the people's court will grant the divorce;

3) Bigamy with someone else, resulting in pregnancy and childbirth. In this case, the people's court will grant the divorce as long as one of the circumstances of violation of discipline or violation of the Family Planning Law should be dealt with, or if it is one of the circumstances in which the relationship between the husband and wife has broken down. Bigamy is a crime and should be held criminally liable in accordance with the law.

2. Legal basis: 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 must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

2. How to go through the divorce procedures.

The divorce procedure is as follows:

1. The husband and wife shall first sign the divorce agreement;

2. After reaching a divorce agreement, go to the marriage registration authority to apply for divorce;

3. After the marriage registration authority accepts the application, it shall go through a 30-day cooling-off period for divorce, during which either party may withdraw the divorce application if he or she does not want to divorce;

4. After the expiration of the period, if neither party withdraws the application, they shall jointly go to the marriage registration authority to request the issuance of a divorce certificate, and after examination by the marriage registration authority, if the conditions for divorce registration are met, a divorce certificate shall be issued.

If you have had a child during your marriage but have not been divorced or separated from your spouse, you will be eligible for custody and custody of the child. If you need help or support, please seek professional legal advice or seek other appropriate help.

A child born outside the home without a divorce is considered an illegitimate child, and an illegitimate child has the same rights as a legitimate child. If a child born out of wedlock does not wish to be raised because he or she has not been divorced, he or she shall be liable for the maintenance of the minor child or the adult child who is unable to live independently.

Legal basis. Article 1071 of the Civil Code of the People's Republic of China Children born out of wedlock enjoy the right to have the same grandchildren as their legitimate children, and no organization or individual may harm or discriminate against them.

A 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.

Hello, I am the cooperative lawyer of the consultation, if there are any legal problems that can be answered by the defeated brother here I have received your question, and there are many people who are currently consulting, please wait for a while, I am helping you solve it.

1. If the relationship between the husband and wife has indeed broken down, a lawyer may be entrusted to file a lawsuit with the court in accordance with the law to request divorce, dissolve the marital relationship, divide the joint property of the husband and wife, and solve the problem of child support and maintenance expenses. If one party is legally at fault, the other party may demand compensation for moral damages in accordance with the law. 2. The issue of the custody and custody of children is mainly based on the merits of the conditions of both parties that are favorable to the daughter's decision, and the accompaniment comprehensively weighs the economic conditions, living conditions, and education level of both parents.

If you are not divorced and have a child outside, then you will definitely not be able to raise a child alone, after all, you are under so much pressure, it is very difficult to raise a child alone, so you have to save the marriage of spontaneous repentance, and discuss with the other party how to raise this little child.

A good friend who can ask his spouse to probe his spouse's tone, if he is willing to accept it, take it home, if he can't accept it, then you give it to the other party.

1. What should I do if I have a child outside without a divorce?

If you have not divorced and have a child outside, you need to go through the relevant procedures to register the child. This act is in fact an illegal act and may constitute the crime of bigamy. According to article 258 of the Criminal Law of the People's Republic of China, the crime of bigamy is the act of marrying another person with a spouse or marrying another person knowing that another person has a spouse.

The so-called spouse refers to a person who has a wife and a woman has a husband, and the relationship between husband and wife is still existing without legal procedures. If the relationship has been dissolved, or if the relationship has disappeared naturally due to the death of one of the spouses, i.e. it is no longer a person who has a spouse.

The so-called "marrying another person knowing that he or she has a spouse" refers to a person who knowingly marries another person (including a registered marriage or a de facto marriage) even though he or she does not have a spouse but knows that the other person has a spouse. Such an act is an act of intentional destruction of another person's marriage.

2. What is the boundary between bigamy and non-crime?

1. It is necessary to distinguish between the crime of bigamy and the fact that a woman with a spouse is abducted and trafficked and bigamy. The crime of abduction and trafficking in women is quite serious. In this case, although the trafficked woman objectively has bigamy, she does not subjectively have the intention of bigamy, and bigamy with another person is the result of deception or coercion by others.

2. It is necessary to distinguish the boundary between the crime of bigamy and temporary concubinage. Concubinage refers to a man and a woman temporarily living together in the name of husband and wife without marriage, and does not constitute the crime of bigamy. The Supreme People's Court pointed out in the Reply to the Issue of How to Determine the Conduct of Bigamy:

If two people live together, but it is obvious that they are only in a temporary conquest relationship, and they treat each other as 'concubines' and can freely withdraw at any time, or the concubinage relationship is terminated after the expiration of the agreed period, it can only be regarded as simple illegal cohabitation, and cannot be regarded as bigamy. In judicial practice, the determination of bigamy is very common, and if a marriage certificate is applied for again during the marriage, it constitutes bigamy, or living in the name of husband and wife, it directly constitutes bigamy.

3. Distinguish the boundary between crime and non-crime from whether the circumstances are serious. In practice, the circumstances and harms of bigamy are classified as minor and severe. According to Article 13, "where the circumstances are obviously minor and the harm is not great, it is not considered a crime."

Therefore, the act of bigamy does not necessarily constitute the crime of bigamy. Only bigamy where the circumstances are more serious and the harm is greater can constitute a crime.

According to the Civil Code, sue!

Article 258 of the Criminal Law stipulates [the crime of bigamy]: Whoever has a spouse and bigamy, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. If it is discovered that the other party is suspected of the crime of bigamy, a private prosecution may be filed with the court, but sufficient evidence is required, such as direct evidence such as marriage registration or forged marriage certificates, birth certificates of children born with others, etc.; or evidence that can prove that the other party has lived together as husband and wife for a long time.

1. What is bigamy?

"Bigamy" refers to the act of a person who has a spouse marrying another person or living together in the name of husband and wife, or the act of marrying another person or living together in the name of husband and wife knowing that another person has a spouse.

There are two types of bigamy: de jure bigamy and de facto bigamy. Legal bigamy refers to a person whose previous marriage has not been dissolved and another person has registered his marriage, and de facto bigamy refers to a person whose previous marriage has not been dissolved and a de facto marriage is formed with another person. According to the relevant judicial interpretations, a person with a spouse who cohabits with another person in the name of husband and wife, or who clearly knows that another person has a spouse and lives with him in the name of husband and wife, shall be convicted and punished as bigamy.

2. There are two manifestations of this criminal act:

One is to have a spouse and marry someone else. That is, the act of marrying another party before the marriage relationship has been dissolved in accordance with the law;

The second is a person who does not have a spouse and marries another person knowing that he or she has a spouse.

Its main characteristics are: (1) the object of infringement is the monogamous marriage system; (2) Objectively there must be bigamy; (3) The subject is either a married man or a woman, or a person who is not married but knows that the other party has a spouse. If one of the parties who are not married marries the other party without knowing that the other party is married, the unaware party does not commit the crime of bigamy.

4) Subjectively it can only be intentional, and negligence does not constitute this crime.

The principle of child custody states that if the parents divorce, the relationship between the parents and the children does not change as a result of the parent's divorce. Child custody depends mainly on the conditions of custody.

At the same time, the judicial interpretation of the Supreme People's Court stipulates that on the issue of child custody under the Civil Code, the people's court hearing divorce cases shall properly resolve the issue of child support from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children, taking into account the specific circumstances of both parents, such as their ability to raise and conditions for raising children. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

1.Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2.Where both parents agree that a child under the age of two lives with the father and does not adversely affect the child's healthy development, it may be permitted.

3.For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4.The conditions for the upbringing of the child by the father and the mother are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requests and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent.

5.In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account.

6.On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it may be permitted.

3. Whether a child born out of wedlock can have custody of the child.

1. If a child is born out of wedlock, you can also fight for the custody of the child. But whether you can fight for it depends on the specific situation.

2. You can negotiate with the woman to get the child back, and if the negotiation fails, you can go to the court to sue.

3. But if you give birth to a child out of wedlock, the child needs to be backed up, whether your wife agrees with the court will ask, and it also depends on whether you have better custody conditions than the woman. If the child is still under the age of 2, it will be difficult to win even if you sue, but if the woman counterclaims, it may be decided that the child will be raised by the woman and you will be asked to pay child support; If the child is over 4 years old, and the woman's income is lower than yours, and your wife agrees to take the child, it is possible to win.

If you are not divorced and have a child outside, first of all, the child should be well protected, because the child is innocent, you can choose to divorce, or you can choose to take the child home.

In this case, you can't understand the mentality of the person, because he loves this woman, so she will be afraid of losing a man, whether it is to find a divorced woman, or anyway, everyone is divorced, and they are all halfway couples, so he may not cherish it more.

A child born outside the home without a divorce is considered an illegitimate child, and an illegitimate child has the same rights as a legitimate child. If a child born out of wedlock is not divorced and does not want to be raised, he or she shall bear the maintenance of the minor child or the adult child who is unable to live independently. If the non-divorced party gives birth to a child outside, the other party can file a divorce lawsuit, and the people's court will grant the divorce.

Children born outside the country without divorce are considered illegitimate children and enjoy the same rights as legitimate children, including inheritance, relatives and hail wheels.