During a marriage, if one spouse leaves home, who is responsible for raising the minor children?

[2] Compiled from: Shandong High Court
 
Case review
[2] Wang (female) and Liu had a son, Xiao Liu, after marriage. Due to marital discord, Wang left home, and Liu raised Xiao Liu alone. Xiao Liu was hospitalized multiple times for bronchial pneumonia and congenital tracheoesophageal fistula, incurring medical expenses of 35,000 yuan. Wang showed no concern, and Liu struggled to bear the costs alone. Xiao Liu then sued Wang in the Xun County Court for failing to fulfill her parental duties, demanding 20,000 yuan in child support and 17,500 yuan in medical expenses.

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《 [1] The People's Republic of China Civil Code
[2] Article 26
[3] Parents have the duty to raise, educate, and protect their minor children, while adult children have the duty to support, assist, and protect their parents.
 
[4] Article 1058
[5] Both spouses equally enjoy the rights and jointly bear the obligations to raise, educate, and protect their minor children.
 
[6] Article 1067
If parents fail to fulfill their duty of support, minor children or adult children who cannot live independently have the right to demand that their parents pay child support.
 
 
 
[1] Court Opinion
In this case, Xiao Liu has been hospitalized for long-term treatment due to illness, with daily living and medical expenses borne by his father. As his mother, Wang has not lived with Xiao Liu for an extended period and has failed to fulfill her obligation to raise and educate him. Therefore, the court should legally support Xiao Liu's claim for Wang to pay child support and medical expenses. Considering factors such as the income level of local rural residents, the court ruled that Wang must pay Xiao Liu 18,000 yuan in child support and 17,500 yuan in medical expenses. Both parties accepted the verdict and did not appeal.
 
 
[1] The author's perspective
Regardless of the marital relationship, a child is always an undeniable presence. Moreover, in this case, the couple has not yet divorced and still shares the obligation to raise the child. Legally, as the child's mother, Wang is not only responsible for supporting the minor child but also for providing education and protection. Morally, parents of minor children should not abandon their child, as doing so negatively impacts both the child's physical and mental development and societal progress, while also contradicting China's traditional values.