Adult wanting to have foster parent removed from her ID

Long story but essentially my partners mother made her second partner her daughters legal father. She had no legal father on record prior. My wife didnt even know until ee got together and I asked who it was on her ID. I know…

Long story short they got divirced over 20 years ago. He is for lack of a nicer way to put it, a piece of shit. Violent, gambles, always in debt etc. We never see him but I started getting worried when.our company started taking off (in my wifes name)and started wondering if he gets in debt and dies, is there any possibility his problems can become ours?

Second, more likely, worry is illegal loans and the debt collectors come. This has happened with other members of his family when he borroeed too much. They changed names and abandoned their house and moved away.

So we want to get rid of him and his legal connection to my wife for said reasons. But am greatly unaware even tge vocabulary to start reading about the process. In theory he wouldnt care, but who knows…bit of a whacko.

Appreciate any suggestions or places to start!

Fyi

Article 1081 of
Civil Code

fostr is 收養 in Chinese.

The article in Chinese is

養父母、養子女之一方,有下列各款情形之一者,法院得依他方、主管機
關或利害關係人之請求,宣告終止其收養關係:
一、對於他方為虐待或重大侮辱。
二、遺棄他方。
三、因故意犯罪,受二年有期徒刑以上之刑之裁判確定而未受緩刑宣告。
四、有其他重大事由難以維持收養關係。

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Great thank you very much! Will read together with her tomorrow. Then discuss first step. Mom is on board and we can use a lawyer if need be but should read the law carefully first. This is a good furst step as we are all pretty ignorant on the subject.

My girlfriend had a very similar experience to your wife except it was her biological father. She hadn’t seen him since she was seven years old. One day he showed up at her sister’s office. At the time, she was the executive secretary at a US branch office of a fortune 500 company. He wouldn’t leave until she gave him some money. Real scum bag. She and her sister both legally divorced him fearing that they would be stuck with all his debts and bills. I’m not sure the process but they filed the paper and had to make a video statement explaining why they wanted to divorce him. She had made it pretty compelling so that it would be approved. She explained how she witnessed her father beating her mom when she was a kid and she’s been permanently scarred and afraid of him since. So yeah, definitely would legally divorce him asap because once he’s dead it’s too late.

Should definitely do that. You can decline inheritance incl. debt, but in Taiwan parents also can sue their children for support when they can not support themselves anymore.

For real? Under what statute?

As filial piety is a core value in Taiwanese society, the law has been strict against those who fail to fulfill their obligation to take care of their parents, subjecting them to jail terms of over six months and under five years on charges of parent abandonment.

There was a revision that made exemption for children who were abused by the parents.

Singapore, Taiwan, India, and Mainland China criminalize refusal of financial or emotional support for one’s elderly parents.

1609202169938

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The Criminal Code subjects children convicted on charges of parent abandonment, for failing to fulfill the obligation to look after their parents, to prison terms of six months to five years (under article 294 of Chapter 5, Crimes of Abandonment).

Article 294

If a person who by law, order, or contract has duty to support or protect a helpless person abandons him or does not give him support or protection necessary to preserve his life, the person shall be punished by imprisonment for not less than six months but not more than five years.
If the commission of the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for not less than seven years; if aggravated injury results, the offender shall be sentenced to imprisonment for not less than three years but not more than ten years.

https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=C0000001

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Sorry mods for your future edit. But seriously. That is :crazy_face::exploding_head: in the absolute most literal sense.

As of yet, we also have not had this resolved yet.

Talk about legal slavery, for :rant:!

My only goal is to get this solved before the old :full_moon::full_moon: becomes imobile or in debt again…

[edited by mod]

She might be exempted by following statues (have a look at 4.) in case he sues.
Basically if he did not support raising her, other statues are about abuse. But better preemptively remove him as ‘legal’ parent due to abandonment (遺棄他方) as @tando suggested.

Article 294-1

If a person, who has duty to support, raise or protect a helpless person by Family Part of Civil Code, abandons the helpless person or does not give him support or protection necessary to preserve his life, he/she shall not be punished under one of the following circumstances:

  1. The helpless person has previously committed an offense which the minimum punishment is an imprisonment of not less than six month and causes injury to the life, body or freedom of him/her.
  2. The helpless person has previously committed the offenses which is specified in paragraph 3 of article 227, paragraph 2 of 228, paragraph1 of 231, article 286 or article 32, 33 of Human Trafficking Prevention Act, to him/her.
  3. The helpless person has previously committed an offense which is not provided for in the preceding two paragraphs to the person and is sentenced to an imprisonment of more than six month.
  4. The helpless person failed to exercise his duty to support, raise or protect the person exceed two years and the circumstances are considered serious.
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Yes, issue is that lot of scumbags dont go to jail. Number does look promising, but then it is.always up to the ever loving court system which is inherently pathetic in that region. We might change household registration to a better county and file there in hopes it is like most other situations here in that the accused must travel to said county to go to court. Still in planning stages, havent mentioned that step to my wife yet as its a pain in the ass, but not impossible.

I suppose one issue now is her fake dad is now making serious money, in an upswing. He has ups and downs. Trouble is his downs. He hasnt been a part of anyone life for a couple decades at least, until debt collectors come knocking. So that will be hars to prove. Still thinking as i want to be strategic about it as the judges here are cral and have had lots of experiences with them. So best we get everything lined up proper for execution.

I really appreciate your input and info, thank you!

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