Can my father die and my mother be forcibly taken away from my grandmother?

Not only is his mother the first guardian after his death, but the mother can take the child away from the grandmother, which is allowed by law, after all, the mother is the first guardian, even if the grandmother raised the child from an early age.

When the father dies, the child's guardian is the mother, and the grandmother has no guardianship, but the mother should not forcibly snatch the child from the grandmother, and should communicate well with the grandmother.

If your father dies, of course your mother can quietly take you away from your grandmother, because he is your caregiver.

This cannot be forced, if the father and mother divorced at that time, you will be awarded to your father, and the mother has already left you. Then after the death of your father, in this case, your guardian is your grandmother, so even your own mother has no right to forcibly take it away.

In this case, it should be the divorce of the parents, then the father's business, the first guardian, if the father is gone, the mother is his first guardian, can be taken away from the mother, but the premise is that the mother must have the economic **.

The mother has custody to take it away, don't take it away forcibly, you can sit down and discuss it well, the old man is reluctant to let his grandson be the truth, you can make it clear to the old man, often take the child to see the grandmother, so that the grandmother will be very happy.

This situation depends on how old the child is, if the child is a little older and already has the ability to distinguish between right and wrong, you can ask the child's opinion to see who the child wants to be with.

The father is dead, and the mother can forcibly take it away, but there is no need to do this, you can communicate with your grandmother and your family, well, communicate with the child.

I don't think it's good to do this, it's better for your mother and grandmother to negotiate with each other, and be willing to solve it according to your father's wishes, or legal means.

The father is gone, and the mother has custody of the child! You should discuss it with your grandmother and take the child away.

Can my father die and my mother be forcibly taken away from my grandmother?

This situation is perfectly fine.

But grandma may be older, so it's best to discuss it with him.

No, you cannot. First of all, the opinions of children and adolescents should be respected, together with the decisions of the courts.

Of course you can, because at this time the mother is the dearest. After all, it is reliable to be around your loved ones.

Yes, fathers and mothers have rights.

Yes, your mom is the guardian.

The father is gone, and if the custody belongs to the grandmother, then this situation cannot be forced. If custody belongs to the father, he can apply to the court for custody. This is the solution to the problem, not force.

I think this is a matter of dealing with the aftermath, and the two of them should negotiate well, after all, grandma died as a son, and grandma should be allowed to deal with this, and I think it is best to deal with the aftermath after death.

Have a good chat before making a decision.

Because I'm married, my father should have my mother's cooking, so it's okay to take it away.

As long as you are over 7 years old, you can have the right to choose. Then discuss it and tell her that you want to be with your grandparents.

Who did my mother take away? Is it my mother's child? Of course, do you have the right to take your children with you, why force it?

After the death of the father, the child is still a minor, and the child can be raised with the mother, who is the first caregiver.

There is no need to force it, it must be sentenced to his own mother.

Father: Yes, you can't force it, only the child is willing, and the child is unwilling.

The mother is the guardianship of the child, and at least has the right to take her child with her.

If my father dies, my mother, as a guardian, can take me away from my grandmother.

When the father dies, at least he can forcibly take his child away from his grandmother, because it is better for the child to be taken care of by his mother.

In China, grandparents and Bukong's father are legally related, and according to China's family law, children have the obligation to support and care for their parents. If your father dies, you are obligated to support your grandparents, including providing for living expenses, medical expenses, etc. However, moving your grandparents out of the home can have an impact on their lives and can lead to difficulties in your life if you don't have other relatives to take care of them.

Therefore, it is recommended that you consult with your local legal authority or lawyer to understand your legal obligations and your rights, and make a decision based on the actual situation.

Legal analysis: If the father pretends to be frank and married, he can let the uncle pick up the grandmother. The law clearly stipulates that adult children have a legal obligation to support their parents who lack the ability to work or have difficulties in life, and after the death of their father, the uncle, as the son of the grandmother, shall fulfill the obligation of support in accordance with the law, and can let the uncle take the grandmother, if the uncle is really unable to support the grandmother, and the grandchildren can afford it, they can also fulfill the obligation of support, and the uncle does not need to take the grandmother.

Legal basis: Article 1067 of the Civil Code of the People's Republic of China Where parents fail to perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay child support.

Parents who fail to perform their obligation to support their adult children, or who lack the ability to work or who have great difficulties in living, have the right to demand maintenance from their adult children. Article 1074: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.

1. Who has custody of the child after the death of the father?

The death of the father envy the custody of the child generally belongs to the child's biological mother. If the child's mother suffers from a serious illness or other special circumstances and is truly unable to raise the child, the child's siblings, grandparents, and maternal grandparents shall bear the obligation to support the child.

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

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;

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.

2. What does it mean to have custody of the child?

Who has custody of the child means who bears the responsibility of custody and guardianship.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or mother, and the parents still have the rights and obligations to raise, educate and protect the children. In the event of a divorce, children under the age of two shall be raised directly by their mothers.

Where the parents of a child who has reached the age of two do not form a brother 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.

After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties. However, where the parent's visit to the child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law.

3. If the father dies and the child's mother is still alive, can the grandparents claim custody?

The father has died, the child's mother is still alive, and the grandparents can claim custody.

When the father dies and the mother is alive, the grandparents have no legal custody of the child, and the grandparents want custody of the child, unless the child's mother gives up custody. Judging from the current situation, if the child's mother has not fulfilled her obligation to support the child as a mother and has little concern, the grandparents can claim custody, depending on the judge's judgment.

Summary. The statute of limitations is divided into general statute of limitations and special statute of limitations according to the length of time and scope of application. General Statute of Limitations.

Refers to a statute of limitations that is generally applicable under normal circumstances, and such a statute of limitations is not prescribed for a particular situation, but is generally applicable. Special Statute of Limitations. Refers to the statute of limitations for certain specific civil law issues.

The special statute of limitations is better than the ordinary statute of limitations, that is, where there is a special statute of limitations, the special statute of limitations applies.

Ten years ago, my grandmother transferred the public rental housing to my father without my father's knowledge, and now my father has passed away, and my grandmother wants to go back, what should I do?

Hello, consult a lawyer at your service.

The statute of limitations has now passed.

At the time of litigation, the period during which a lawsuit is filed with the people's court. The longest statute of limitations is calculated from the date on which the right is infringed, and the right holder does not know that his rights have been infringed, and the longest statute of limitations is 20 years.

The statute of limitations is divided into general statute of limitations and special statute of limitations according to the length of time and scope of application. General Statute of Limitations. Refers to a statute of limitations that is generally applicable under normal circumstances, and such a statute of limitations is not prescribed for a particular situation, but is generally applicable.

Special Statute of Limitations. Refers to the statute of limitations for certain specific civil law issues. The special statute of limitations is better than the statute of limitations for ordinary jujube peels, that is, where there is a special statute of limitations for spring differences, the special statute of limitations applies.

Hello lawyer, you didn't reply to my question.

It's my grandmother who is now suing me by the court, the court has no judgment, and I have returned, and my grandmother has sued the housing authority again, and now she wants me to go to **, what should I do?

I told you that the statute of limitations has passed, and it is enough to directly defend that the statute of limitations has passed.

Since your father's name is on the title deed, the first order of heirs to your father's house is spouse, children, parents, i.e. your grandfather, mother and you in the order stipulated in Article 10 of the Inheritance Law. When the legal heirs in the same order inherit the estate, under normal circumstances, the amount of the inheritance shall be equally distributed according to the number of heirs. That is, your grandfather, your mother, and you each have a third.

After your grandfather's death, he will inherit one-third of the ownership of the house, and your grandfather and your father have a total of seven children, each of whom is one-seventh, which means that each person can get one-twenty-first of the ownership of your father's house. Your father's share is your subrogation. Therefore, it is indivisible to say that others do not agree to renounce the inheritance.

You can negotiate with other heirs to give up your share of the inheritance in writing, and give you appropriate monetary compensation if you do not agree. Then sue to the court for mediation. The court issues a mediation letter to clarify that the property rights of the house belong to you.

You then apply to the court for enforcement, and the court will help you change it with the mediation letter. (This is a written practice in law, but in practice, your grandfather has so many children, each of them has its own fault, and there are people who come to ask to inherit your father's property, I am really speechless and sympathetic.) ）

1. Your grandfather died after your father, so your grandfather inherited part of your father's property;

2. Your grandfather inherits this part of your father's property, and after your grandfather's death, his heirs inherit it (your father's brothers and sisters);

3. So now there are all the co-owners of this house: your mother, you, your father's brothers and sisters;

4. If there is a person who does not agree to give up the right of inheritance, the estate can only be divided through litigation procedures to determine each person's share;

5. If you want to transfer the property to your name, you can pay the difference in the price of other people's houses.

The name on the real estate certificate belongs to your father, which means that the property belongs to your father, and now your father has died, according to the inheritance law, your father's father, wife, and children have the right to inherit, that is, one-third of each person, and now your grandfather has passed away, and all his children can divide the one-third of the property he inherited equally, and the part that belongs to your father's inheritance is enjoyed by you. Therefore, the property enjoyed by your father's brother is actually only a very small part, and it is best to make a little compensation to solve the situation, if it really can't be done, you can only go through the litigation process, and the court will determine the inheritance and dissolve the property.

According to the provisions of China's inheritance law: legacy.

The order of inheritance of the property is, the first heir: spouse, children, parents that means if the house is in your father's name, then only you and your mother really enjoy the first inheritance power, if your mother does not fight with you, then you can directly take your father's death certificate, your parents' marriage certificate, your mother's ID card, your ID card, your family's real estate certificate, household registration book and other information to the real estate bureau directly transfer to your name.

Your father's siblings are second-order heirs, and it will only be the second-order heir's turn when there is no first-order heir, so you don't have to worry, you can transfer the property directly, they have to go through legal procedures or want to inherit, they have no share.