Can grandparents fight for custody of their children

The custody of grandparents can only be obtained under the premise that both parents of the child are dead or cannot be raised. If one of the child's parents is alive and willing to raise the child, the child's grandparents cannot take custody of the child. Paragraph 3 of Article 36 of the Marriage Law of the People's Republic of China stipulates:

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties. "This provision merely establishes a basic principle for the attribution of custody:

That is, the principle of being conducive to the growth of minor children is taken into account by taking into account various factors such as the age of the minor children, their relationship with their parents, and the economic situation of both parents. If the conditions under which the father and the mother raise the child are essentially the same, and both parties require the child to live with him/her, but the child has lived alone with the grandparent for many years, and the grandparent requests and is able to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the parent. Legal basis:

Article 36 of the Marriage Law of the People's Republic of China provides that the relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

However, if they often take care of the children and have a relationship with the children for raising and educating them, then the court will give due consideration to this factor when filing a lawsuit for divorce with the court. The parties may negotiate first, and then appeal to the court if the negotiation fails. The court will conduct the trial on the premise of protecting the child's physical and mental health and protecting the child's legitimate rights and interests.

Legal basis: Article 1074 of the Civil Code of the People's Republic of China Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

Legal analysis: Legally speaking, grandparents cannot fight for custody, because the legal custody of the child belongs to the child's parents, unless the parents have died or the parents are unable to raise the orange or there are other legal reasons, the grandparents cannot directly claim to fight for the custody of the child.

Legal basis: Article 1074 of the Civil Code of the People's Republic of China: Grandparents who have the ability to afford military reform have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

The children and grandchildren of Sun Ranhong who can afford it have the obligation to support their grandparents or grandparents whose children have died or whose children are unable to support them.

If the parents of the children are still there, the grandparents will not go to fight for custody. The provisions of the law on custody are: after divorce, children under the age of two shall be directly raised by the mother; For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based solely on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child; Where children have reached the age of 8, their true wishes shall be respected.

Legal basis:Article 1084 of the Civil Code.

The relationship between parents and children is not extinguished by the divorce of the parents. After the divorce, the children are still respected by both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legally speaking, grandparents cannot fight for custody, because the legal custody of the child belongs to the child's parents, unless the parents have died or the parents are unable to raise or there are other legal reasons, otherwise the grandparents cannot directly claim to fight for the custody of the child. Legal basis: Article 1074 of the Civil Code of the People's Republic of China The Grandparents and Maternal Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them.

Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

No. According to Article 36 of the Marriage Law, grandparents may not compete with the parents for the custody of the child, and the relationship between the parents and the child shall not be eliminated due to the divorce of the parents, and the parents shall have the right to custody, and the grandparents shall have the right to assist in the support.

China's civil code clearly stipulates that, generally speaking, the child's grandfather and grandmother can fight for custody. However, there are conditions for grandpa and grandma to fight for custody, that is, both parents of the child have died, or both parents are unable to support the child. If one of the child's parents is not deceased and is willing to raise the child, then the child's grandfather and grandmother have no way to obtain custody of the child.

1. If the parents are divorced, can both children not follow?

If you are an adult over the age of 18, if your parents divorce, you can not follow either of them; However, if you are a minor, you must be with either your father or mother, or your grandparents and grandparents. If you are over the age of 18 and do not follow your parents, you will also have to pay alimony.

1) If the woman has been with her since she was a child, and the woman has a normal life, ** will be awarded to the woman first;

2) If the child is given to the grandparents after birth, and the man is trying to do so, the court will consider not changing the child's living habits and the grandparents are willing to continue to raise the child, and the court will award it to the man.

If the two parties cannot negotiate the custody of the children during the divorce procedures, then the marriage application is generally not accepted, and the divorce is only through litigation, and the children should be raised by the parents according to the regulations, and the standard of judgment will be based on the age of the children, the financial conditions of both parents, and the wishes of the children.

2. Is the visitation right of grandparents protected by law?

The right to visit grandparents is not protected by law, and the only person who has the right to visit the child is the father or mother who has lost custody of the child, and the grandparents do not have direct visitation rights at all. The right of visitation itself is a right based on this special kinship between parents and children, and if grandparents want to visit their children and grandchildren, they still have to find a way to communicate with the parties.

3. What are the favorable conditions for fighting for custody.

The favorable conditions for fighting for custody are as follows:

1. The income of both parties: The income of both parties will bring favorable conditions to themselves, and the income of one party will be better, which can bring a better living environment to the children, and will have favorable conditions for themselves in the custody of the children.

2. The basic conditions of both parents: the composition of the family is also very important, and the growth of the child needs the participation of many people, so the child's grandparents and grandparents need to participate.

3. The education level of both parties: The education level of both parties also has an important impact on the child.

4. Living conditions: The child is awarded to a certain party means living with a certain party, which involves the child's accommodation conditions, and which party's child's accommodation conditions are better is also an important condition.

6. Whether the two parties have a remarriage partner and whether they have children, which is also an important influencing factor.

7. Children's opinions.