Custody dispute over a child born out of wedlock in an unmarried cohabitation case in Xiamen: The court ruled that the child shall be raised by the mother, and the father shall pay child support.

Case Summary

Plaintiff Lin (female) and defendant Wang (male) began cohabiting in 2019, Year 10. They did not register their marriage. On 2021, Month 5, Day 20, they had a daughter, Wang Tong. In 2023, Month 12, the couple ended their cohabitation. Their non-marital daughter, Tong, has lived with plaintiff Lin ever since. Lin has cared for Tong's daily life, education, and upbringing. Defendant Wang paid only a small amount of child support before ceasing all payments. In 2024, Month 4, plaintiff Lin filed a lawsuit requesting that the court award custody of her non-marital daughter to her and order defendant Wang to pay monthly child support of 6000 yuan until the child turns 18.

Key Dispute

1.Who should have custody of children born out of wedlock?

2.Should the defendant pay child support, and is the payment standard reasonable?

Case Strategy

1.Secure core evidence such as the Child's Birth Certificate, records of daily child care by both parents, proof of income for each party, and records of child support payments.

2.The plaintiff has provided evidence that Wang Tong, the child born out of wedlock, has consistently lived with and been cared for by the plaintiff. The plaintiff manages her daily needs, education, and upbringing. Given that the plaintiff's ability to provide care surpasses that of the defendant, and in accordance with the principle of acting in the best interests of the minor child, custody should be awarded to the plaintiff.

3.Under the Civil Code, children born out of wedlock enjoy the same rights as children born in wedlock. No organization or individual may harm or discriminate against them.

4.A biological father or mother who does not directly raise a non-marital child shall bear the child support obligations for minor children or adult children who cannot live independently.

5.Based on the defendant's monthly income, the cost of living in Xiamen, and the children's actual needs, we request that the defendant pay child support of 6000 yuan per month, which is consistent with applicable laws.

Processing Result

The court ruled that the child born out of wedlock, Wang Tong, shall be raised by the plaintiff Lin; the defendant Wang shall pay child support of 6000 yuan per month until the child reaches the age of 18; and the defendant shall bear all litigation costs in this case.

Similar Case Consultation