Talking about abandoning your wife and children in court

The wife abandoned her son after having an affair. I don't know how you decided in two years. If you want to give up your marriage, cut the gordian knot.

If you want to stay married, you must talk to your wife and see what you can do.

Whatever you do, don't affect the growth of children.

I wish you an early solution to the problem.

Is it love rat who abandoned the cheating wife? That's not love rat, is it?

After all, his wife cheated before.

Then divorce.

This is also a matter of reason.

What legal sanctions should a wife be subject to after cheating and abandoning her family? Without legal sanctions, the court can only sentence her to divorce. Because it is difficult for you to prove her guilty, she came to court and refused to admit it, saying that she was incompatible with you and asked for a divorce.

Mother abandoned her son, didn't she? Absolutely not, from a legal point of view, she did not fulfill the obligation of guardian; Ethically speaking, she didn't do her duty as a mother.

If you have conclusive evidence, how to punish a petty officer for cheating on his wife?

You can go to his unit and complain about him.

He will be discharged from the army.

The consequences are very serious.

The wife abandoned her son and ran away with someone else. Does the son have the right to enjoy it? My wife abandoned her 3-year-old son and left home to live with others. Excuse me. The house left by her parents before she married me is now expropriated by the state. I used to raise her mother. Now that my daughter is gone, I also bring the old house to live with me. My wife and I haven't contacted each other for 1 year. The marriage has not been dissolved. Excuse me, can I claim compensation for the relocation expenses of the house we left for our children before we got married, as the legal expenses for bringing up the children in the future? And her mother won't agree with my wife that she has the right to inherit the property rights of the house. The relocation fee after being levied now. My wife hasn't heard from me now, so I can't get in touch. The local community leader said that if my wife can go home and deal with it, she can win it for the children. But now my wife can't contact me. Community leaders expressed their helplessness. Let me negotiate with her mother. Beg her mother. See if her mother is willing to leave some property for the children. The child is still too young. Can't you get her mother's share of the property rights? Please help provide detailed legal aid. And valuable advice. thank you

[Marriage] My wife cheated on me for two years. What should I do after I collapse? Women's infidelity hurts men too much, and men will never forgive them. Especially for those excellent and responsible men (cowards are not among them). Because of children's concern and the existence of feelings for several years, although they forgive first like me, I believe I am no better than them. But in the following years, that crack and shadow will always exist, no matter how time passes, it will never be erased. They will never be restored to their original state. First, although I was forgiven and my wife stopped fooling around, the marriage was not impossible in the end. Second, without more love and trust, women will cheat again, men will be crazier, and finally this is the bond of children. When I type these words, my hands are shaking again.

During the marriage of two couples, the man suffered from Adam's apple and his wife cheated for two years. Is being abandoned enough? Does not constitute. I. Concept of Abandonment Crime Abandonment crime refers to the act of refusing to support the elderly, young, sick or other people who have no independent living ability, and the circumstances are bad.

Second, the constitutive elements of the crime of abandonment

1. object element

The object of this crime is the equal rights of the victim among family members. Things are limited to the old, the young, the sick or other family members who have no ability to live independently. China's marriage law clearly stipulates: "Abuse and abandonment between family members are prohibited." It also stipulates the maintenance obligations that family members should perform. Being able to afford but refusing to fulfill the obligation of support infringes on the equal rights of the old, young, sick or unable to live independently in the family. Abandonment often poses a threat to the life and health of victims, is despised by public opinion, and also affects social stability and unity. Therefore, combating the crime of abandonment will help to create a good social environment where few people support and the elderly rely on it, and help to protect the legitimate rights and interests of women, especially children and the elderly.

2. Objective factors

Objectively speaking, this crime is manifested in refusing to support the elderly, young, sick or other family members who cannot live independently. The so-called old, young, sick or other family members who have no independent living ability refer to those who have the following circumstances: (1) have lost their ability to work due to old age, disability, illness and other reasons and have no source of livelihood; (two) although there is a source of life, but due to illness, old age, disability can not take care of themselves; (3) If you can't live independently because of your young age or mental retardation, there will be no abandonment problem except for family members.

The actor must have the obligation to support. This is the prerequisite of this crime. Our country's laws clearly stipulate which family members citizens have the obligation to support. The obligation of support is based on the different rights and obligations among three family members: support and being supported, support and being supported, and support and being supported.

It is unconditional that children begin naturally as soon as they are born. Parents' obligation to support their children is an obligation entrusted by society and stipulated by national laws. This is both a social obligation and a legal obligation. The same is true of grandparents' obligation to support their grandchildren, grandparents' obligation to support their grandchildren, and brothers and sisters' obligation to support their siblings, but the generation of such obligations must meet the legal conditions. Children have the right to ask their parents for support: under certain conditions, grandchildren have the right to ask their grandparents for support, and brothers and sisters have the right to ask their brothers and sisters for support. If you are lucky, you have the obligation to support. This obligation must be directed at minor children, grandchildren, grandchildren or brothers and sisters, including children who cannot live independently.

The obligation of husband and wife to support each other is an unconditional legal obligation. Under China's socialist system, both husband and wife have equal status in the family, and their rights and obligations are completely equal. Either party has both the obligation to support the other party and the right to demand the other party's support. Therefore, a kind of relationship between the rights and obligations of support and support has been formed, that is, the narrow sense of support relationship. The mutual support of the first wife must be based on the relationship between husband and wife, which is a personal and property relationship between husband and wife during the existence of marriage. Once this marriage relationship is terminated, then this support relationship is terminated.

As for children's obligation to support their parents, it is also an obligation entrusted by society and an obligation stipulated by national laws. This obligation is unconditional from the day when parents need their children to support them. Under certain conditions, the same is true of grandchildren's obligation to support their grandparents, grandchildren's grandparents and brothers and sisters. Parents have the obligation to support their children, and children have the obligation to support their parents. Under certain conditions, grandparents and siblings have the obligation to support grandchildren and siblings, and grandchildren and siblings also have the obligation to support grandparents and siblings. However, the prerequisite for exercising this obligation is that due to old age, infirmity or illness, people are unable to work, have difficulty in living or are inconvenient to move, and need support, care and care.

Actors can afford it but refuse to support it. Affordable means that he has independent economic ability, unnecessary circumstances beyond the minimum living standard (local standards at that time), and can satisfy himself, his children and the elderly. Whether the actor has the ability to bear, this needs to be determined by the judicial organs in combination with his income and expenditure. As mentioned above, the so-called support here should be broadly understood, including the support of the elders to the younger generation, the support of the younger generation to the elders, and the support between husband and wife. Specifically, the so-called upbringing refers to parents' care and help for their children, grandparents' care for their grandchildren, brothers and sisters' care for their younger siblings, social education and so on under certain conditions. The so-called support means that under certain conditions, children care and help their parents, grandchildren to grandparents, grandchildren to grandparents, brothers and sisters to brothers and sisters in life and spirit. The so-called support, in a narrow sense, refers to the support between husband and wife in life and other aspects of care and help. "Refusal to support" refers to the actor's refusal to perform the obligation of support from the elders to the younger generation, the obligation of support from the younger generation to the elders and the obligation of support between husband and wife. The specific performance is not to help, leave the dependent or put the dependent in a place where he can't support it. In the content of behavior, refusing to support not only refers to not providing economic supply, but also includes not giving necessary life care to people who can't take care of themselves. "Refusing to support" objectively reveals that the criminal act of this crime is inaction, that is, passive failure to fulfill the obligation of support, such as children's failure to provide financial support to their parents who are unable to work and have no financial resources, and children's failure to take care of their parents who cannot take care of themselves.

Abandonment must reach a bad level to constitute a crime. In other words, whether the plot is bad or not is an important boundary to distinguish abandonment crime from non-crime. According to the experience of judicial practice, the plot of abandonment crime is bad: the victim is seriously injured or killed because of abandonment crime; The victims have been abandoned, homeless, displaced and forced to beg in the streets; Because of abandonment, the victim was cornered and forced to commit suicide; The perpetrator refused to correct after repeated education, putting the victim's life in danger; Abandonment means are very bad (such as beating, cursing and insulting in abandonment) and so on.

3. Main elements

The subject of this crime is a special subject, and it must be a person who has the legal obligation to support the abandoned person and has the ability to support him. Only people with such conditions can become the subject of this crime. If there is no legal obligation to support each other and there is no relationship between them, there will be no abandonment problem.

According to the provisions of China's marriage law, the legal obligation of support is: husband and wife have the obligation to support each other; Parents have the obligation to raise and educate their minor children; Adult children have the obligation to support and assist their parents: the relationship between parents and children will not be eliminated because of parents' divorce, and parents still have the obligation to support and educate their children after divorce; The rights and obligations between adoptive parents and adopted children, and between stepparents and stepchildren are the same as those between biological parents and their children, but the rights and obligations between adopted children and biological parents are destroyed by the establishment of adoption relationship; Children born out of wedlock enjoy the same rights as children born in wedlock, and parents should bear part or all of their necessary living and education expenses until their children can live independently; Grandparents and grandparents have the obligation to support their minor grandchildren whose parents have died; Grandchildren and grandchildren have the obligation to support the grandparents whose children died; Brothers and sisters have the obligation to support minor brothers and sisters whose parents are dead or unable to support them.

According to the above provisions, refusing to support distant relatives who have no legal obligation to support should not be considered as abandonment. However, according to the legislative spirit and the requirements of socialist morality, it should be considered as a kind of right and obligation support relationship if there are the following circumstances: a person raised by a person who has no legal support obligation has the obligation to support and assist his dependents; The moral support relationship formed in long-term life, such as the old nanny's indifference to treatment, helping the employer to raise children and do housework for many years, and hiring a dialect person to support her later life, should be confirmed and protected.

4. Subjective factors

Subjectively, this crime is intentional. That is, refusing to support knowing that they should fulfill their maintenance obligations. There are various motives for refusing to support, such as some abandoning the elderly as a burden; Some refuse to raise children under the pretext of divorce; Some abandon their children to create conditions for remarriage; Some abandon their wives or husbands in order to force each other to divorce. In short, deserters are motivated by individualism, extreme selfishness or other despicable motives.

Will men choose to cheat and abandon their wives? Few men cheat, let alone abandon their wives and children. . . Less than 0. 1%. Otherwise, society will be in chaos. . .

After all, the cost of cheating is too high, and most men can rationally control their animality. . .

Cheating happiness is based on the suffering of others, that is, you get happiness by plundering and robbing others' happiness, but that happiness is not yours. . . . This kind of happiness is illusory, temporary, castle in the air and unstable. Once derailed, it will pay a terrible price, which will do too much harm to the children, families and spouses of both parties. . . Basically disabled the next generation. . .

What you gain, you lose. Every cause has its consequences. . . It's great to cheat, and the pain will come anytime and anywhere. . It turns out that the whole world is like this, and the rules of the game are fair. . . . I have been wandering in the Jianghu, and there is no reason not to be stabbed. You have to pay it back when you come out to hang out. . . . Causality is the basic way to keep the world running. . .