Source: Qianjiang Evening News
When people reach middle age, life is no longer able to withstand waves, and Hangzhou men think so much.
There was a child after a failed marriage, and then there were two children who remarried.The life of the three children is busy.At the end of last year, he never expected that A Yan (pseudonym), who had not been married before, would suddenly come to the door, and there was a big girl standing beside him. "Well, this is your daughter, you raise."
It was required to pay for the support for receiving the chanting
The Hangzhou Shangcheng District People’s Court has just handled the dispute over custody. The defendant is Lao Hu.
If it weren’t for the ex -girlfriend A Yan suddenly to the court, Lao Hu would not know the existence of her daughter.
Lao Hu is from Hangzhou and has children and daughters.But Lao Hu, who had a complete child, did not expect that he even had a masked biological daughter.
Lao Hu was in his early forties this year. When he was still Xiao Hu, he talked with A Yan about a period of love.
Later, the two married each other, and they had a relationship when they met later, and then they had less contact.
In fact, A Yan was pregnant with Lao Hu’s child, because she was also in the marriage, so she gave birth to the child and raised it with her ex -husband.
And Lao Hu didn’t know this.
Requires the maintenance fee of 10,000 per month in the first ten years
For many years, the Ayan family has been living in Shanghai. A few years ago, A Yan divorced her ex -husband, and the divorce agreement agreed that her daughter was raised by A Yan and the ex -husband paid the support fee every month.
However, Ayan’s situation was not good, and her debt was entangled, and she was listed as the executed person by many courts.
At the end of last year, A Yan took her daughter to Hangzhou to tell Lao Hu. On the grounds of Lao Hu as her daughter’s biological father, she asked to change custody as Lao Hu, and asked Lao Hu to pay for more than 10 years in accordance with the standard of 10,000 yuan/month.Raising fee.
When I received the subpoena from the Shangcheng Court, Lao Hu’s world was messy.
When I saw that I was almost exactly the same as myself, Lao Hu accepted and recognized this fact in court.And after identification, Mengmeng and Ayan had no parent -child relationship with Ayan’s ex -husband.
Without parent -child identification, Lao Hu recognized the parent -child relationship with Mengmeng, but he already had three children, and suddenly one more eldest daughter had been masked for more than ten years.Lao Hu still expressed unacceptable.
A Yan was crying. She has raised her daughter for more than ten years. She has never mentioned that she has a daughter. Now she has debt and cannot continue to raise her daughter. She should continue to raise it by Lao Hu.My daughter Mengmeng also said that I would live with my father’s Lao Hu.
Who should the custody right?
The judge analyzed the issue of the ownership of Mengmeng’s custody:
First of all, Mengmeng has lived with A Yan from the day of birth, and has never lived with Lao Hu;
Secondly, Mengmeng’s current study and life place is in Shanghai, and Lao Hu has been living in Hangzhou;
Again, Lao Hu has another child to live with him, and A Yan is the only daughter;
In the end, although Mengmeng expressed his willingness to live with Lao Hu, Lao Hu expressed his unwillingness to raise.
In summary, according to the existing situation and the perspective of the growth of her daughter, the judge did not support the lawsuit requesting Ayan’s demanding custody.
However, according to the laws and regulations of our country, the other party raised by one party should bear the necessary living expenses and educational expenses.She was raised by A Yan since her daughter was born. A Yan asked Lao Hu to pay the support for the support for the law, but the standards advocated by A Yan’s support fee were too high.Hu pays Ayan’s previous support for 2000 yuan/month.
A Yan refused to accept the verdict and filed an appeal. After hearing the Hangzhou Intermediate People’s Court, the judgment rejected the appeal and maintained the original judgment.
The willingness of children over 8 years old is an important reference
The judge said that parents have the obligation to raise education for their children, and the right to custody should be determined based on the children’s rights and interests and the specific circumstances of both parties.At present, in the cases involved in raising relationships, the court will inquire about the wishes of children over eight years old and as an important reference in accordance with the law.However, for the judgment of custody rights, it is still necessary to determine the custody right from the perspective of the children and parents from the actual situation of both children and parents.
Source: Qianjiang Evening News • California, Chief Reporter Xiao Jing Correspondent Shangfa CFP/Photo Conferry