Enquiring knowledgeable people Inquisitive education Hospital Treasury

How can small children fight for rights

home page

How can small children fight for rights


        

Submit answer
Favorable reply
  • 2024-06-26 04:01:43

    This child is not important to the third child. As long as it is your own child, you should raise it. Custody right refers to a personal right of parents to their children. There are two types of custody: legitimate custody and illegitimate custody. In real life, due to the emergence and occurrence of various reasons, parents' custody of their children cannot be well guaranteed. The party or both parties with this right have the right to decide whether to live with the child before the child reaches adulthood, and this right will be extinguished when the child reaches adulthood. Divorce under the ownership of husband and wife will generally lead to the loss of custody of one of the spouses. The party who loses custody will lose the right to live with their children. However, the party losing custody will still have the right to visit, and can visit their children regularly within the agreed or adjudicated time to get along with them for a relatively short time. The ownership of custody in divorce can be negotiated by both parties. If the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of benefiting children's growth: the following factors are mainly considered: education background, work, income, age, family environment, children's age, etc. of both husband and wife. The right of stepparents to maintain their stepchildren The relationship between stepparents and stepchildren is different from the general relationship between parents and children. They have the relationship of marriage and education, but do not have the relationship of blood. This right and obligation can be relieved. From this, it can be inferred that when the natural father and stepmother or the natural mother and stepfather divorce, the natural father (mother) and stepmother (father) both request to support the child, The right of custody belongs to the birth parents. When the natural father and stepmother or the natural mother and stepfather divorce, if the stepparents are unwilling to continue to support the stepchildren who have received their upbringing and education, the upbringing relationship is deemed to have been terminated, and the children are still supported by the natural parents. Conditions Any time after the divorce of the husband and wife, one or both of the circumstances or the ability to support a significant change, can put forward a request to change the custody of children. The change of custody right of children is generally determined by both parties through consultation. If the agreement fails, the change can be made through a lawsuit to the people's court. The people's court shall support any of the following circumstances:
    1. The party who lives with the child is unable to continue to support the child due to serious illness or disability;
    2. The party living together with the child does not fulfill the obligation to support or maltreats the child, or the living together with the child has adverse effects on the physical and mental health of the child;
    3. A minor child over the age of 10 who is willing to live with the other party and who has the ability to support him or her;
    4. There are other justifiable reasons for change.
    5. According to the above provisions, as long as any of the above conditions are met, you can apply to the people's court for changing the custody right. After divorce, who should care for the child should be considered from the perspective of healthy growth of the child. Under this premise, the husband and wife can negotiate to determine when they divorce. If the negotiation fails, the people's court can make a judgment.

    n***

    2024-06-26 04:01:43

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):