I want to fight for guardianship, but the other party won't let me claim the child, what should I do?

In the case of unmarried fighting for custody, it is usually the mother who has the obvious advantage. After all, in most cases, the child is young, the father has not claimed it, etc., but the other party has an advantage does not mean that the father has absolutely no chance, but we will hope to stand. Fight for a good position for the child. If the child is more suitable to be taken care of by the mother, in fact, it is also a good way to maintain a close parent-child relationship with the child through visitation rights after the biological father claims it.

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What if the other party does not let the biological father claim it?

If the biological mother does not allow the biological father to claim it, it will be very difficult for the biological father to claim the illegitimate child, because in general, the biological father will need the consent of the biological mother, and it is not recommended to use other supporting documents to secretly register and claim, the biological mother can easily deny it. , you will only be busy. However, Article 1065 of the Civil Code stipulates that a child raised by the biological father is directly deemed to be claimed. In addition, you can also prepare evidence , such as an appraisal report proving blood relationship, the fact of long-term support, cohabitation for many years, pregnancy during marriage, etc., and file a claim with sufficient objective facts .

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Claims must be established by blood relationship

Adoption is the establishment of a legal parent-child relationship between an unrelated adult and a child through legal procedures . Different from the claim, the claim literally has the feeling of "recognizing and taking back". Legally, it must have "blood relationship" as the basis. biological father”, because only the biological father can claim it.

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How can a biological father fight for custody?

When the biological father has the effect of claiming (whether it is based on the consent of the biological mother, the fact of parenting, or the judgment of the court ), the child will naturally have the right to visit the child. Therefore, if the child follows the mother, there is nothing wrong with it. In fact, it can be accompanied and raised under the protection of the right of visitation. The child is good, the mother cannot easily deprive you of visitation rights and the fact that you are the father.

However, if the mother has serious problems, such as violent abuse of children , often leaving young children at home without care, or children crying for help, as long as you have sufficient evidence , you can still ask the court to change custody , but It is not easy to change the guardianship, so you must be as sure as possible to provide evidence before filing a lawsuit. If you have any questions about the evidence, you are welcome to discuss with us at any time.

In addition, the right to visit does not mean leaving after seeing the child. If you want to fight for the rights of staying overnight, celebrating festivals, vacations, traveling alone, etc., we can provide you with free consultation services at any time, so as to strive for a good time between parents and children.

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