The relationship between mother and child can lift?

    The morning of July 2, 2009, I attended in Shanghai Jing South Park studios receive legal advice, legal issues the public consultation, live in Pudong three Lin Yao Pugong (a pseudonym), to be fatigued with the journey so far away from the bus came, I had to put off an hour waiting for him, he came to say without mincing words to say: my mother-in-law (Shen Rongmei a pseudonym) first husband died several decades ago, remarry husband brought his son Lu Dongkuang (a pseudonym), my mother had brought him up, after marriage do not learn was sentenced to a punishment, released not repent, often beat and scold 80 year-old stepmother, stepmother so many alarm, the police did the inspection, inspection list can not find but a neighbor, and neighborhood committees are aware of this, my mother was not at home, had to hide in a retirement home. It is needed to explain my step father has already died. Does this situation my mother-in-law can terminate the following the relationship between mother and child they?

   First, the relationship between stepparents and stepchildren, because a parent dies, the other party to take their children to remarry, a relationship by marriage or remarriage after divorce of the parents and the formation of the. You said that mother son relationship, which belongs to the type of the dependency relationship between mother and child, the child has not yet adulthood and stepfathers or stepmothers life together, stepfather or stepmother was brought up in the. "Marriage law" provisions of the people's Republic of China: "article twenty-first stepfathers or stepmothers and education by the raising of the children between rights and obligations shall be governed by the relevant provisions of this law," on the relationship between parents and children, that is the type of the relationship between mother and child, is a result of interaction between the legal fiction blood relationship raise action.

   Second, our country law stipulate form raised the relationship between parents and children are prepared by blood relationship, the aim is to protect the children and parents between the child education, a sense of security, to prevent the abuse and neglect, promotes family unity and harmony. So the "marriage law of the people's Republic of China" the twenty-first stipulation: "between stepparents and stepchildren, maltreatment or discrimination shall not be. Stepfather or stepmother and education by the raising of the children between rights and obligations, the relevant regulations of this law apply to the relationship between parents and children." namely "children have to raise and educate parents on duty parents have children to support." This obligation is a duty, legally mandatory, is not to give up can not perform.

   Third, if the land east mine to raise its adult has more than 80 years old stepmother, not only do the shall be in accordance with the maintenance obligations, but also often insults, beatings, the stepmother had to hide in the nursing home, or even several times to disturb the neighbors and the police, not only violates the social morality, serious may also constitute the crime of abuse, if constitute the crime of abuse of words, it is not only lift the stepmother son relationship, but shall be prosecuted for criminal responsibility problem.

   Fourth, if what you said is true, then your mother-in-law may bring a civil lawsuit to the people's court, request the lifting of the mother son relationship, which lifted the legal relationship of rights and obligations. It should be noted that, this kind of rights and obligations, is unable to lift, can not arbitrarily removed, but can not terminate itself, must be made by the parties to an action in a people's court, the people's court shall make a ruling to terminate or no release.

 

 

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