When people reach middle age, life can't stand the waves, especially the Hangzhou man Lao Hu thinks so.
After experiencing a failed marriage and having one child, and then remarrying and having two children, life is already busy. At the end of last year, he never expected that Ayan (pseudonym), who had been in love and never married before, would suddenly come home with a big girl standing beside him, "Hey, this is your daughter, you raised."
The fourth child? !
Reporter Xiao Jing, correspondent Shangfa
Received a subpoena and asked to pay support
The People's Court of Shangcheng District, Hangzhou has just settled a custody dispute, and the defendant is Lao Hu.
Had it not been for her ex-girlfriend Ayan who suddenly took herself to court, Lao Hu would not know the existence of her daughter Mengmeng.
Lao Hu is from Hangzhou and has children and daughters. But Lao Hu, who had all his children, never dreamed that he would have a biological daughter he had never met.
Lao Hu is in his early forties this year. When he was still Xiao Hu, the relationship he had with Ayan ended without a problem. Later, the two married separately and had a relationship with each other, and then they lost contact with each other.
In fact, Ayan was pregnant with Lao Hu's child because she was also in the marriage at the time, so she gave birth to the child and raised it with her ex-husband. Lao Hu didn't know this.
Require a monthly maintenance fee of 10,000 yuan for the first ten years
The Ayan family has been living in Shanghai for many years. A few years ago, Ayan divorced her ex-husband. The divorce agreement stipulated that her daughter was raised by Ayan, and her ex-husband paid monthly support. However, Ayan is in a bad situation and is plagued with debts, and was listed as a person to be enforced by many courts.
At the end of last year, Ayan took her daughter to Hangzhou to sue Lao Hu, claiming that Lao Hu was the daughter’s biological father, demanded to change the custody of Lao Hu, and demanded that Lao Hu pay for the previous ten years at the standard of 10,000 yuan/month. Alimony.
When he received the subpoena from the Upper City Court, Lao Hu's world was in a mess.
When he saw the cuteness who looked almost exactly the same as himself, Old Hu accepted and recognized this fact in court. But he had 3 children, and suddenly there was another eldest daughter. She hadn't seen each other in more than ten years. Lao Hu said that he could not accept the change of custody of his daughter.
Ayan cried and cried. She has raised her daughter for more than 10 years. She has never mentioned to Lao Hu about having a daughter. Now she is in debt and cannot continue to raise her daughter, so Lao Hu should continue to raise her. Daughter Mengmeng also said that she wants to live with her father Lao Hu.
Who should custody go to?
The judge analyzed the issue of the ownership of Mengmeng's custody rights: First, Mengmeng has lived with Ayan since the day of birth and has never lived with Lao Hu;
Secondly, Mengmeng currently studies and lives in Shanghai, while Lao Hu has always lived in Hangzhou;
Once again, Lao Hu has other children to live with him, but Ayan is the only daughter;
Finally, although Mengmeng expressed willingness to live with Lao Hu, Lao Hu expressed her unwillingness to raise her.
In summary, the judge, based on the current situation and from the perspective of the growth of her daughter, did not support Ayan's request for a change in custody.
However, according to Chinese law, for children raised by one party, the other party shall bear the necessary living expenses and education expenses. The daughter has been raised by Ayan since her birth. Ayan asked Lao Hu to pay her alimony in accordance with the law. However, Ayan’s alimony claim is too high. The Shangcheng Court will determine the elderly based on the needs of the children and the economic and living conditions of the plaintiff and the defendant. Hu paid Ayan the previous alimony at the standard of 2,000 yuan/month.
Ayan was dissatisfied with the judgment and filed an appeal. After hearing the trial, the Hangzhou Intermediate People's Court rejected the appeal and upheld the original judgment.