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The related credit reporting case

Location:Home > The related credit reporting case

>> An unmarried mother asked the father claimed fear loss guardianship?

Xiaoli unwed mothers, the father of the child self-reliance is a family man, although repeatedly vowed to divorce his wife to marry Xiaoli Xiaoli, but was delayed until the kids are born, and still have not seen action. Xiaoli, although self-reliance to claim the child, but worried about the loss of custody of; However, if not let self-improvement claimed, the father of the child column will be blank for the future and how to tell children life experience?

Civil Code 1060th five illegitimate children of unclaimed following provisions: regardless of whether the father of the child have a family, unclaimed kids the same as his legitimate child of principle must crown on his father'ssurname, the father must be made with the responsibility of bringing up the burden of the cost of parenting, each between each other the right to inheritance, and so on.
As for the question of attribution the Xiaoli worry guardianship, in accordance with the Civil Code 1069th one, mutatis mutandis divorce, child custody provisions, that is, in principle, the agreement by the parents, if they fail to reach an agreement by the court verdict, the judgewill be based on the child's age, gender, health status, and children of their own will, their parents age, occupation, conduct, health status, economic capacity, and willingness, to choose a guardian of the best interests of the children. Xiaoli If you adhere to fight for custody of more favorable to the child care of children for various reasons, must be raised by their own court a basis in the discretion of the guardian.

Request unclaimed certain time limit, in accordance with the Civil Code 1067th Xiaoli must within seven years after the birth of a child, by Xiaoli to the identity of the child legal representative, requesting v. father unclaimed. The Xiaoli child adult within two years after his own father claimed the request.

If Xiaoli married, the situation is more complicated, because the 1060th three provisions in accordance with the civil law, the wife of the Annunciation, in the marital relationship continues to exist who, the presumed children were born, for children born in wedlock, that is, will bepresumed to be the legitimate child of Mr. Xiaoli; institute denied v. unless the couple a party within one year of the date on which it is aware of the child's birth. Common case, the couple substandard or have been separated for many years, and the wife the other to get to know her boyfriend and gave birth to a child, wife Timid or hesitated and did not dare to help children apply for a resident permit, also in disguise, causing the number of children without household registration, wait until the child wants to go to college, and was forced to face this problem, but it has long been more than a year, and can not be raised deny the complaint; to please Mr. lift deny the legitimate child of v., so the child by the father claimed, often Mr. unreasonable things difficult for even extort money. However, the Council of Grand Justices the release word Fifty-eighty-seven No. announced on December 30, 2004 interpretation has revealed civil law 1060th 23 Those given their children the right to mention legitimate deny the appeals filed aging only a one-year period is too short, and Ming mortgage section shall as soon as possible legislative amendments in response to the emergence of the the fifth eighty-seven interpretation of the interpretation of the word, the Ministry of Justice is currently drawing up amendments to the provisions of the draft, in addition to definitely children may also instituted deny In the complaint, and the period was extended to adult children may also instituted within two years.

*Source: Institute for Women's Rights Promotion and Development Foundation


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