Can it be a crime for a grandmother to raise her grandson without the mother interfering?

If it is a violation of the law, whether it constitutes a crime depends on whether the circumstances are serious or not. All persons are equal before the law and cannot be mitigated or immune from the punishment of the law because of their age. We respect virtuous old men.

This does not constitute a crime, because the grandmother dotes on her grandson, but you communicate with the old man's thoughts to make him understand. Grandma is a mother, and education is not the same at all, because you are old and you don't understand a lot of things.

Grandma raises grandchildren, this is a natural thing. Don't let your mother interfere, although it's a bit extreme, but it has nothing to do with crime.

Grandma's behavior is problematic, and the custody of the child must be father and mother first, and grandma does not give her mother to raise her own children. It should have violated the custody rights that the mother should have.

Grandma raises her grandson without the mother interfering, this is completely related to the crime, the educational philosophy of the two generations is different, the mother should be allowed to manage the child, after all, it is the mother of the child.

constituted a crime because she had no right to interfere with the right of another person to reunite mother and child.

It's not a crime, but it's against human ethics! It can be resolved through negotiation between the two parties, and it is better not to tear your face!

Hello! This is indeed an infringement, generally parents are the first guardians, if the child's mother sues the child's grandmother, the grandmother is likely to lose the lawsuit.

This is a family conflict, and it definitely does not meet the conditions for committing a crime, and it has nothing to do with crime!

Grandma's approach is very inappropriate, which not only hurts the mother-child relationship, but also is not conducive to the healthy physical and mental growth of the child. It is possible to prosecute.

Summary. Because as long as the parents are alive, the grandparents do not have the custody of the child, as long as one of the parents does not agree, the grandparents cannot take the child.

Is it illegal for grandparents to take away their grandchildren to raise them without permission? In cases where neither parent has permission, or only one parent has permission to do so.

Hello, it's against the law.

If both parents do not have permission, it is a crime, and if one of the parents allows it, it is not a crime.

Because the law of our country stipulates that parents are the guardians of their children, it is illegal to take away their children without the consent of the guardians.

Article 27 of the Civil Code Parents are the guardians of their minor children.

Thank you, then what should I do if one party does not allow it, and the grandparents still forcibly take the child?

You can report to the police or file a lawsuit with the people's court.

Because as long as the parents are alive, the grandparents do not have the custody of the child, as long as one of the parents does not agree, the grandparents cannot take the child.

But if you say that one party allows it, it is not illegal. If I call the police, will the law defend me?

Yes, it is not illegal for one party to allow it if it is not objected to.

You just didn't say that the other party disagrees. That's why I say that it's not illegal for one party to allow it.

The law will defend you.

It's just that you have a family dispute, so it will be mediated.

It is illegal, and if the relative takes the child away without the guardian's knowledge, it is an illegal act of abduction. Moreover, if the child's parents are healthy and have no intention of giving up custody, then the grandparents, grandparents, and other relatives are not qualified to raise the child. Even if the parents are divorced, the relationship between parents and children does not change because of the divorce of the parents.

Legal Analysis] The first order of the child's guardian is the parents, and the second order is the grandparents and maternal grandparents; The third order is the adult brother and sister. Parents have custody of their children that they are legally obligated to, grandparents do not. Under the premise that both parents of the child are dead and the parents are unable or unable to raise them, the grandparents are eligible to fight for the custody of the child.

If one of the child's parents is alive and willing to raise the child, the child's grandparents are not eligible for legal custody of the child. And even if the grandparents want to get custody of the child, they don't have the right to fight for it. If the grandparents want custody of the child, unless one of the parents dies and the other parent gives up the custody right, or does not fulfill the obligation to support the child, and rarely cares about contact, and loses the ability to support the child due to some specific reasons, in this case, the grandparents can request to change the custody rights.

It should be noted that grandparents should have the ability to support them, and if the grandparents are old or unable to support them due to financial reasons, the custody will be borne by the sequential guardian.

Personal suggestion] Explain the situation with your grandparents and negotiate amicably.

[Legal basis].

Civil Code of the People's Republic of China

Article 1074:Grandparents who can afford it have an 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.

Article 1084: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 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. If the child has reached the age of eight, Huaichan shall respect his true wishes.

Under normal circumstances, grandparents have no right to interfere. Parents are the legal guardians of minor children. Parents have an obligation to support their children.

Only when the child's parents are dead or incapacitated, will the grandparents be considered as guardians. Our law stipulates that grandparents who can afford it have an obligation to support their grandchildren whose parents are dead or unable to support their minor grandchildren. Therefore, in general, grandparents have no right to interfere with the custody of the child if the parents are able to raise the child.

1. Who should raise the child after the mother's death?

After the death of the mother, the child shall be raised by the father, but the grandparents who can afford it may claim custody of their grandchildren if the parents have died or the parents are unable to support them.

In addition, older brothers and sisters who can afford it may also claim their own support obligations for minor younger brothers or sisters whose parents have died or whose parents are unable to support them.

2. What are the conditions for support?

1. The dependents (grandchildren, grandchildren) are still minors.

The grandchildren who are dependents must be minors. If you are an adult, of course, there is no question of being raised.

Minors here should be understood as minors who are incapable of living. If you have the ability to live independently, of course, you can't let others support you anymore. For example, minors who have reached the age of 16 but are under the age of 18 and are able to live on their own labor income** and at the same time have the ability to live independently, this provision should no longer apply.

2. The parents of the dependent (grandchild, maternal grandchild) have died or are unable to support them.

"Parental deceased" or "parental inability to support" means that both parents are deceased, or neither parent is able to support them, or one parent dies and the other parent is unable to support them. If one of the parents is still alive and has the ability to support them, of course, they cannot be raised by their grandparents.

3. The caregiver (grandparents, maternal grandparents) can afford it.

Affordability here includes financial conditions and guardianship capacity, and this provision does not apply to grandparents who are old and have no financial foundation.

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.