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Who owns the custody of illegitimate children? How should the court decide

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Who owns the custody of illegitimate children? How should the court decide


        

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  • 2024-06-25 13:00:58

    The method for the court to solve the dispute over the custody of illegitimate children is the same as the method for solving the dispute over the custody of legitimate children. The court will determine who is responsible for the custody of illegitimate children and who owns the custody of illegitimate children according to the age of illegitimate children and the principle of "conducive to the healthy growth of children".
    1. Under the age of two, the right of custody is generally obtained by the woman. For illegitimate children under the age of two, considering that they are still nursing or need more care from their mothers, the custody of illegitimate children under the age of two generally belongs to their mothers. Of course, this is not absolute. If the mother has one of the following circumstances, the court can also judge the child to live with the father:
    (1) Having infectious diseases or other serious diseases that cannot be cured for a long time, and children are not suitable to live with them;
    (2) Having conditions for upbringing but not fulfilling the obligation of upbringing, and the father requires the child to live with him;
    (3) For other reasons, the children are really unable to live with their mother;
    (4) Both parents agree that the children under two years old will live with their parents and have no adverse impact on the healthy growth of the children.
    2. Preferential consideration shall be given to the party with better conditions who is over two years old. For minor illegitimate children over the age of two, if both parents require custody, the court will determine the ownership of custody of illegitimate children in strict accordance with the principle of "conducive to the healthy growth of children". The following circumstances can be considered as the priority factors of the court:
    (1) Having undergone sterilization operation or losing fertility due to other reasons;
    (2) The change of living environment is obviously detrimental to the healthy growth of children as they live longer;
    (3) There are no other children, but the other party has other children;
    (4) The children live with them, which is beneficial to their growth, while the other party is suffering from infectious diseases or other serious diseases that are incurable for a long time, or has other circumstances that are not conducive to the physical and mental health of the children, and is not suitable to live with them.
    (5) The conditions for parents to raise their children are basically the same. Both parties require their children to live together with them. However, if the children have lived alone with their grandparents for many years, and the grandparents require and are able to help their children take care of their grandchildren, they can be considered as the priority conditions for children to live with their parents.
    3. For minor illegitimate children over the age of 10, their own opinions shall be considered.

    I***

    2024-06-25 13:00:58

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