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How to judge two children without marriage certificate

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How to judge two children without marriage certificate


        

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  • 2024-06-09 22:01:32

    If there are two children without marriage certificate, the ownership of custody right should be determined by both parties through consultation. If no agreement can be reached through consultation, if the child is under two years old or is breast-feeding, it is usually directly raised by the mother. If the child has reached two years old, the people's court can make a judgment according to the specific conditions of both parties on the principle of being in the best interests of the child. If the child has reached eight years old, The right of custody should be judged according to their true will.
    Legal basis:
    Article 1084 of the Civil Code of the People's Republic of China
    The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents. After divorce, parents still have the right and obligation to support, educate and protect their children. After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

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