What are the conditions for the custody of the child to be changed to the grandmother

What the grandmother wants to obtain is the custody of the child, not the custody of the child.

The custody of children is the parents', is a personal right of parents to their children, and the custody of legitimate children is divided into legitimate and illegitimate maintenance, and in real life, due to the emergence and occurrence of various reasons, the parents' custody of their children is not well guaranteed. The one or both of the parties who have this right have the right to decide whether or not to live with the child before the child reaches the age of majority, and this right is extinguished when the child reaches the age of majority.

According to the provisions of the "General Principles of the Civil Law", where a guardian fails to perform guardianship duties, or infringes upon the lawful rights and interests of the ward, and other persons or units with guardianship qualifications file a lawsuit with the people's court, demanding that the guardian 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.

First of all, Article 16, paragraph 1, of the General Principles of the Civil Code stipulates that the parents of minors are the guardians of minors. Parents have parental authority over their children and are the natural first guardians. Where a minor's parents are deceased or have no capacity for guardianship, the grandparents or maternal grandparents, siblings, close relatives or friends, parents' units, neighborhood committees or village committees, or civil affairs departments for the minor's domicile are to serve as guardians.

Secondly, paragraph 3 of Article 16 of the General Principles of the Civil Law stipulates that if a guardian fails to perform guardianship duties or infringes upon the lawful rights and interests of the ward, he shall be liable; Where property losses are caused to wards, compensation shall be made for the losses. People's courts may revoke guardianship qualifications on the basis of an application by relevant persons or units.

Finally, if you want to change the custody of your grandson, you can consider it from the perspective of changing the guardian. There is evidence to prove that the mother, as a guardian, did not perform her guardianship duties or violated the ward. In this way, the court will apply special procedures in accordance with the provisions of the Civil Procedure Law.

At any time after the divorce, a spouse may request a change in the custody of the child if there is a significant change in the circumstances or support capacity of one or both of the spouses. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation.

Legal Analysis: Whether child custody can be changed depends on the specific situation. First of all, parents are the legal guardians of their children, and parents have the right and obligation to raise and educate their children. Secondly, if there is evidence to prove that the parent who is the guardian has not performed the duty of caring for the child and has caused harm to the child, he can apply to the court to change the custody rights.

Regardless of which parent the child is raised, it should be in the interest of the child.

Legal basis: 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 the divorce, the children are still called 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 cannot 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.

Article 1085:After divorce, where 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 analysis: It can be transferred if the conditions provided for by law are met. According to the provisions of Chinese law, parents have the obligation to raise and educate their children.

Parents are the legal guardians of their children. When both parents are deceased or unable to support a minor child, the capable maternal grandparent has an obligation to support the child. According to the legal understanding, custody of a child can be transferred to the maternal grandparent.

In addition, children who have reached the age of eight have some choice in the decision of who will raise them.

Legal basis: Article 1074 of the Civil Code of the People's Republic of China Article 1074 Grandparents who are financially able to afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them, and grandchildren who have the financial ability to support their grandchildren, and grandparents who have the financial ability to support their grandparents who have died or whose children are unable to support them.

Child custody can be changed to grandparents. According to the relevant provisions of the Marriage and Family Section of the Civil Code, husband and wife equally bear the obligation to support their minor children, but when the parents have died or the parents are unable to support the minor children, the grandparents who can afford it have the obligation to support the minor grandchildren. Therefore, when parents are unable to support them, they can choose to change custody to their grandparents.

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