Cohabitation Child Custody: Court Orders Segmented Custody With Support Obligations

A court in eastern China has issued a segmented custody order for a child born to an unmarried cohabiting couple, granting the mother custody for the first six years and the father thereafter, with each parent paying child support during the other’s custodial period.

Ms. Jin and Mr. Li met while working in a city in Jiangsu Province in 2005 and began cohabiting without registering a marriage. A daughter was born, named Jin Xin, who was in first grade at the time of litigation. Ms. Jin had previously been married and had an 18-year-old son from that marriage.

During cohabitation, Ms. Jin purchased a 76.63 square meter house for 24,000 yuan, with Mr. Li contributing 10,000 yuan. The property was registered in Ms. Jin’s name in 2010. The couple also acquired furniture and appliances.

The relationship deteriorated. Ms. Jin sued for custody, alleging Mr. Li neglected the child’s education and living needs. Mr. Li countered that he sought custody and that Ms. Jin should pay support.

The court found the cohabitation relationship was not legally protected. For custody, the court considered both parents’ histories and the child’s best interests. It ordered that the daughter live with Ms. Jin until May 1, 2018, with Mr. Li paying 25,693.50 yuan in support, calculated at 25 percent of the prior year’s agricultural sector average wage of 17,113 yuan over six years. After May 2018, custody would transfer to Mr. Li, with Ms. Jin paying support at the applicable rate.

Both parents were granted visitation rights during the other’s custodial period. The court declined to address property division because neither party raised it, applying the principle that courts only adjudicate claims presented.

The case acceptance fee of 1,100 yuan was split equally.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.