Because the two children have been living with the plaintiff for a long time and have clearly expressed their willingness to live with the defendant through written confessions, the plaintiff's claim that the two children should live with them has gained the support of the court. The defendant should pay child support for the two children. In 1998, Li and Zhang left home to work in order to supplement the family income. Unexpectedly, her husband Zhang thought that working was too slow to make money and couldn't resist the temptation of his bad friends, so he started to make a living by stealing.
Originally, Li's mother and Zhang's mother were real sisters with good relations. Their children also grew up together and knew each other well. To strengthen their familial bond, under the persuasion of relatives and friends, the two families, who lacked legal knowledge, quickly agreed. In July 1992, Li and Zhang, this pair of cousins, registered as married spouses. Meanwhile, the court believed that although the original plaintiff and defendant were legally declared as having an invalid marriage, the legitimate rights of the children born during their cohabitation period should be protected by law. At the same time, the court also delivered a judgment document declaring the marriage invalid to the local marriage registration authority.
In May of the year when they were talking, Li only learned from consulting a lawyer that her 18-year marriage was actually invalid. Therefore, she decided to file a lawsuit for divorce in order to quickly remove this distressing marriage. By this time, Li had lost all hope in her husband, but considering the children and family members, she chose silence. From 2004, Zhang abandoned his wife and children and disappeared without a trace. In October 2000, Zhang even went further by having an affair with another woman in their own home.
The court held that although the original plaintiff and defendant voluntarily registered their marriage, they were cousins, which is considered a collateral blood relationship within three generations, making their marital relationship invalid from the beginning. Their marital relationship should be legally removed. After marriage, they soon had a son and a daughter.
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