What happens if the father s guardianship is deprived by the maternal grandparents during the marria

If the parents are alive and have no mental illness and have the ability to take care of the child, the custody belongs to the parents, and others have no right to intervene, and the maternal grandparents' practices are illegal.

Are you already an adult and still need to be raised?

There is no answer. The custody relationship is only for minors.

Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Civil Affairs on Several Issues Concerning the Lawful Handling of Guardians' Violations of the Rights and Interests of Minors.

27.The following units and individuals (hereinafter referred to as relevant units and personnel) have the right to apply to the people's court for revocation of guardianship qualifications:

1) Other guardians, grandparents, brothers, sisters, and other close relatives or friends of minors;

2) The village (resident) committee for the minor's residence, and the minor's parent's unit;

3) Civil affairs departments and the aid and protection institutions for minors they have established;

4) Groups and units such as the Communist Youth League, the Women's Federation, the Working Committee for Customs, and schools.

Applications for revocation of guardianship qualifications are generally submitted by the units and personnel responsible for the temporary care of minors in the preceding paragraph, and may also be submitted by other units and personnel in the preceding paragraph.

35.In any of the following circumstances, the people's court may make a judgment to revoke the guardianship qualifications:

1) Harming, selling, abandoning, abusing or violently harming minors, seriously harming minors' physical and psychological health;

2) Placing minors unsupervised and uncared for, causing the minors to face the danger of death or serious harm, and not changing after education;

3) Refusal to perform guardianship duties for six months or more, causing the minor to leave his or her place of residence or have no means of livelihood;

4) Those who have vices such as drug abuse, gambling, or long-term alcoholism, are unable to properly perform guardianship duties, or are unable to perform guardianship duties due to serving a prison sentence or other such reasons, and refuse to entrust some or all of their guardianship duties to others, leaving minors in a difficult or dangerous state;

5) Coercing, enticing, or exploiting minors to beg, and refusing to make corrections after three or more criticisms and education by public security organs, institutions for the aid and protection of minors, and other such departments, seriously impacting minors' normal lives and studies;

6) Instigating or exploiting minors to carry out illegal or criminal conduct, where the circumstances are heinous;

7) There are other conduct that seriously violates the lawful rights and interests of minors.

According to the General Principles of Civil Law, parents are legal guardians. If one party is detrimental to the child, custody can be deprived, which can be sued, and the court declares the custody deprived in accordance with the law.

The child's parents are the child's guardians, which is a family dispute

In our country, such acts are not illegal.

1. Procedures for revoking guardianship: If the guardian fails to perform guardianship duties, or infringes upon the lawful rights and interests of the ward, the relevant individual or unit may file a lawsuit with the court to modify the guardianship and revoke the guardianship of the original guardian at the same time.

2. Determination of non-performance of guardianship duties: refers to the guardian's failure to perform the following duties: protecting the ward's physical health, taking care of the ward's life, managing and protecting the ward's property, ** the ward conducts civil activities, manages and educates the ward, and ** the ward conducts litigation.

3. Determination of infringement of the lawful rights and interests of the ward: disposing of the ward's property not for the benefit of the ward, encroaching on the ward's property, and other acts that harm the ward's other lawful rights and interests.

4. The legal provisions on the scope of the subject matter of the lawsuit for revocation of guardianship:

The opinion of the Supreme Court on the application of the General Principles of Civil Law.

21. Where a guardian fails to perform guardianship duties, or infringes upon the lawful rights and interests of the ward, other persons or units with guardianship qualifications as provided for in articles 16 and 17 of the General Principles of the Civil Law may file a lawsuit with the people's court to request that the guardian bear civil liability or that the guardianship relationship be changed.

General Principles of Civil Law. Article 16: The parents of minors are the guardians of minors.

Where minors' parents are deceased or have no capacity for guardianship, one of the following persons is to serve as guardian:

1) Grandparents;

2) Brother and sister;

3) Other close relatives or friends bear guardianship responsibilities with the consent of the minor's parent's work unit or the residents' committee or villagers' committee for the minor's residence.

Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling.

Where there is no guardian provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.

Article 17: Persons who lack capacity for civil conduct or are mentally ill persons with limited capacity for civil conduct are to serve as guardians among the following persons:

a) Spouse;

ii) Parents;

(iii) Children;

4) Other close relatives;

5) Other close relatives or friends bear guardianship responsibilities with the consent of the mentally ill person's unit or the residents' committee or villagers' committee for the place of residence.

Where there is controversy over serving as guardians, the mentally ill person's unit or the residents' committee or villagers' committee for the place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling.

Where there is no guardian as provided for in the first paragraph, the residents' committee, villagers' committee, or civil affairs department of the mentally ill person's unit or domicile is to serve as the guardian.

Although the parents are the guardians of the children, the parents can still be deprived of guardianship if they are not qualified.

Children born out of wedlock have the same rights as legitimate children, and their legal guardians are their parents. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; 2) Brother and sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the relevant departments.

The father of an illegitimate child also has custody rights. As for children born out of wedlock living with their fathers or mothers, guardianship is given to the father, or given.

Mother, it is settled by the parents through negotiation. Both parents of a child born out of wedlock have a legal obligation to support the child out of wedlock.

Parents who do not live with their children out of wedlock should pay child support.

In accordance with article 25 of the Marriage Law.

Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to become independent.

Life is up to now.

Guardianship is negotiated between the parties, and if the negotiation fails, the court will decide in accordance with the principle of being conducive to the growth of the child.

According to the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts", it is stipulated that:

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

In summary, if the child is less than 2 years old, it is generally awarded to the mother, if the child is older than 2 years old and less than 10 years old, the financial situation of both parties should be considered, and if the child is older than 10 years old, the child's wishes should be considered.

Parents who are related by blood are born guardians of their children, whether married or not.

Generally with the mother under the age of 2.