Customer Cases
How to draft a parent-child severance agreement
Time:2025-09-01 Views:678
1
The agreement to sever the parent-child relationship is invalid, and the law does not recognize the severance of the father son (daughter) relationship. Parents raise their children, and children support their parents. This is a legal obligation. According to the Civil Code, parents have the obligation to raise and educate their children; Children have the obligation to support and assist their parents. Fanneng Law Firm reminds you that when parents fail to fulfill their child rearing obligations, minors or children who cannot live independently have the right to demand that their parents pay child support. Parents who are unable to work or facing financial difficulties have the right to demand that their children pay alimony when they fail to fulfill their obligation to support them.
II
The nominal type of stepparent child relationship is a direct relationship between stepparents and children, and there is only an ethical relationship between stepparents and children. In this relationship, as long as the biological father/mother divorces the stepmother/father, or the biological father/mother dies, the stepparent child relationship is naturally terminated without the need to end the relationship through any other means.
Stepchildren have been raised by stepparents and the established custody relationship cannot be naturally terminated by divorce between the biological father and stepmother or between the biological mother and stepfather. Stepchildren should still bear the cost of living for their elderly, weak, and financially disadvantaged stepparents who have been raised and educated for a long time.
When stepchildren are underage, the rights and obligations between stepparents and stepchildren may be terminated by agreement through consultation between the biological parents and stepparents, and with the consent of the step child who has the ability to identify them. After the stepchild reaches adulthood, if the relationship between the adult stepchild and the stepparents deteriorates, it can also be terminated by mutual agreement.
III
The process for issuing proof of parent-child relationship by the police station is to bring relevant documents such as ID card, birth certificate, household registration book, etc. to the local police station where the household registration is located for issuance.
The Supreme People's Court on the Application<中华人民共和国民法典>Article 39 of the Interpretation of Marriage and Family Code
If the father or mother files a lawsuit to the people's court requesting to deny the parent-child relationship and has provided necessary evidence to prove it, and the other party refuses to conduct a paternity test without any contrary evidence, the people's court may determine that the claim of the party denying the parent-child relationship is valid. Sichuan Faneng Law Firm is dedicated to serving you.