If the husband and wife have divorced and the daughter s guardian cannot afford the living expenses,

The husband and wife are about to divorce, and the daughter's guardian can't afford the living expenses, can the other party apply for a change of guardianship, this is definitely possible, if the exchange of guardians must be discussed by both husband and wife, and then go to the court to change the guardian.

In this case, you can apply for a change of guardianship.

According to the provisions of the General Principles of the Civil Law, if the guardian fails to perform guardianship duties, or infringes upon the legitimate rights and interests of the guardian, and other persons or units with guardianship qualifications file a lawsuit with the people's court to require the guardian to bear civil liability, it shall be tried in accordance with the ordinary procedures; Where a request is made to change the guardianship relationship, it is to be heard in accordance with the special procedures; Where both civil liability and guardianship are requested, separate trials are required. Other persons or units with guardianship qualifications refer to the parents of minors; grandparents; brother and sister; Other close relatives or friends who are willing to bear guardianship responsibilities have the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence; spouse of a mentally ill person; Parents; adult children; other close relatives; Other close relatives or friends who are willing to assume guardianship responsibilities have the consent of the mentally ill person's unit or the residents' committee or villagers' committee for their residence. After the divorce of the husband and wife, the party living with the child does not have the right to revoke the custody of the child by the other party; However, where the party who does not live with the child has criminal or abusive conduct against the child, or is clearly unfavorable to the child, the people's court finds that it can be revoked.

Guardians may entrust some or all of their guardianship duties to others. Where it is necessary to bear civil liability due to the ward's tortious conduct, the guardian shall bear it, except as otherwise agreed; If the entrusted person is truly at fault, he shall be jointly and severally liable. Where, after the death of one of the spouses, the other party gives the child to another person for adoption, and if the adoption is not detrimental to the healthy growth of the child, and the lawful adoption formalities have been completed, the adoption relationship is to be found to be established; Other persons with guardianship qualifications may not claim that the adoption relationship is invalid on the ground that the adoption was made without their consent.

If the guardian has the obligation to ensure the normal life of the ward, if this obligation is not guaranteed, the other parent can request the replacement of the guardian through the court. Of course, you must be able to prove that the other party really cannot afford the responsibilities of the supervisor, and you are in a position to take care of the ward.

After the divorce, the conflict between the children and the guardian intensifies, and if one party believes that the other party is not suitable to serve as the guardian, he or she can file an application with the court to change the guardian. The applicant needs to provide sufficient evidence to prove that the other party is not able to perform the duties of guardianship, such as inadequate care of the child, poor treatment, etc. The court will make a decision based on the best interests of the child and choose the most suitable guardian for the child.

If conflicts between the guardians of the children intensify after the divorce, they may request the court to re-determine the guardians. After consultation between the parties, the custody of the children is redetermined.

After the divorce, the specific origin of the child's custody and support shed should be decided according to the conditions that are more conducive to the child's growth and progress.

The relationship between parents and children is not extinguished by the divorce of the parents, and the parents remain the guardians of the children after the divorce.

According to the Marriage Law of the People's Republic of China:

Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

Article 22: Children may take their father's surname or their mother's surname.

Article 23: Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.

Article 36: The relationship between parents and children is not 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.

If the custody of the child belongs to the mother, then the father is still the legal guardian of the child, and the mother is not qualified to deprive the child of the guardianship of the father under the condition that the father normally fulfills the obligation of support. The relationship between guardian and guardian is not in conflict.

It is the guardian who raises the child, and the one who does not raise the child is the one who gives the money.

Yes, unless the court dissolves your relationship.

Whoever the child is with is the guardian.

In the event of a divorce, both parties are still the guardians of the children, because the relationship between the parents and the children is not eliminated by the divorce of the parents, both parents are still the guardians of the children, and the parents still have the right and obligation to raise, educate and protect the children.

[Legal basis].

Article 27 of the Civil Code of the People's Republic of China.

Parents are the guardians of their unrelated adult children.

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;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 1085.

After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

[Legal basis].

Article 27 of the Civil Code states that parents are the guardians of minor children. 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; (Hail Tomato defeated two) brother and sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

1. How to write a divorce agreement.

Writing a divorce agreement for co-parenting:

1. Write down the identity information and basic information of both husband and wife;

2. Clearly state the reasons for divorce and the intention of both parties to divorce voluntarily;

3. Specify the method of division of the joint property of the husband and wife;

4. Clearly state that both parties have agreed on co-parenting of the child;

5. Clearly state the opinions on the handling of creditor's rights and debts.

The divorce agreement shall have the signatures of both husband and wife, and indicate the year, month, and day.

2. How to legally regain the custody of children in the Civil Code.

The ways to legally regain custody of the child are as follows: 1. Evidence of the basic conditions of both parties;2. Evidence collection of the basic conditions of both parents;3. Forensics of the child's living environment4. The child's opinion is very important;5. Consider the factors of the judge's decision on the ownership of child custody.

The guardian of the child after the divorce of the husband and wife can reach a maintenance agreement through negotiation, and if the negotiation fails, they can file a lawsuit in the court. In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, 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.

3. Is it okay to raise two children together?

It is permissible for two children to be raised by one of the parents. When the husband and wife divorce, they may reach a consensus on the custody of the children, and the court may issue a judgment that one party will jointly raise the children in accordance with the intention of both parties;If the parties cannot reach an agreement on the maintenance of the child, the court will make a judgment according to the principle that one person will support one child.

Civil Code of the People's Republic of China

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the father or the 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. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, 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.