How do guardians raise children How do guardians apply for children?

Legal division and analysis: 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 the parents of the last adult 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 are willing to bear guardianship responsibilities with 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.

Legal basis: Article 27 of the Civil Code of the People's Republic of China Parents are the guardians of minor children. Where the parents of the last adult 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 Ministry of Civil Affairs for the minor's residence.

Guardians have the following three situations: close relatives of guardians, including parents, adult children, spouses, siblings, grandparents, grandchildren, and grandchildren; Other close relatives and friends, although these people are different from close relatives and do not have the legal obligation to serve as guardians, but some of them voluntarily assume guardianship responsibilities and may serve as guardians with the consent of their units, neighborhood committees, or village committees; If there is no guardian described above, the society and the state are responsible, and the unit to which they belong or the neighborhood committee, village committee, or civil affairs department serves as the guardian.

When a parent dies or lacks capacity, a guardian may be determined in the following 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.

4. The residents' committee or villagers' committee of the ward's domicile that has the capacity to perform guardianship duties is to serve as the director.

Where there is controversy over serving as guardians, the minor's father's or mother's unit or the residents' committee or villagers' committee for the minor's place of residence is to designate it among close relatives. Those who are dissatisfied with the designation may request the court for a ruling, and may not directly request the court to make a ruling without designating the state of mind.

The guardian of the child can fill in the grandmother or grandfather, and the scope of the guardian of the child in addition to the parents is still very wide.

1. Can the child's guardian fill in the grandmother or grandfather?

When the parents are sound and have guardianship capacity, the names of the parents should be filled, and if the parents are absent or do not have the guardianship capacity, they can fill in the grandfather and grandmother who are related to the family.

Guardianship is a legal system in which minors and adults with mental illness are appointed to protect their interests, supervise their behavior, and manage their property. Legal guardianship is a guardianship in which the law directly stipulates the scope and order of guardianship, and can generally be held by one or more persons.

Article 27 of the Civil Code (effective as of January 1, 2021) stipulates that parents are the guardians of minor children. Parents have parental authority over their children and are the natural first guardians.

So does the guardian have to be a parent? Of course not. Can the child's guardian fill in grandma or grandpa?

OK. When a minor's parents are deceased or have no capacity for guardianship, the grandparents and maternal grandparents, older siblings, close relatives or friends, parents' units, and the neighborhood committee or village committee or civil affairs department for the minor's place of residence are to serve as guardians. If the ward is an adult mentally ill person, the scope and order of his legal guardianship are: spouse, parents, adult children, other close relatives, close relatives or friends, the neighborhood committee, village committee, and civil affairs department of the mentally ill person's unit or residence.

The order of legal guardians has the effect of having priority over the former as guardian in the latter. However, the legally-prescribed order may be changed in accordance with the guardian's agreement, and where the guardian in the previous order lacks guardianship capacity or is obviously unfavorable to the ward, the people's court has the right to select the guardian from the latter order.

According to the relevant provisions of the marriage and family chapter of the Civil Code, parents are the guardians of their children. where the parents are dead or have lost the ability to take custody, the grandparents are to be the maternal grandparents in order; brother and sister; and guardianship of individuals or organizations who are willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

[Legal basis].

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of their children who have not yet become veteran. 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 residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Legal Analysis: Parents, adult siblings, grandparents, other close relatives, and other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department of the place where the person under guardianship is located.

Legal basis: Article 28 of the Civil Code of the People's Republic of China Adults who lack or have limited capacity for civil conduct are to be guardians in order by the following persons with guardianship capacity:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department of the place where the guardian is domiciled.