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Parents have priority in raising their children. When the mother is seriously ill, if the father of the child is able to raise the child, the custody should be given to the father in order to facilitate the child's development. If the parents are unable to raise the child, it is natural for the child's grandfather to raise it.
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No, this must be done in consultation with the ex-husband, and from the child's point of view, growing up with the parents will be healthier and happier.
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Mother is seriously ill? Does that child have a father? If the father is alive, the custody should belong to the father, and the father must raise the child, and the grandfather has no obligation to support the child!
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It is impossible for the parents to be the direct guardians of custody, unless the parents are at fault and are deprived of the right to support, otherwise no one else is possible.
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You'd better discuss it with his father, and even if you don't, his father will find out and ask for his own support. If the father gives up custody, that's a different story.
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For the sake of the child's future, it is recommended that you give it to the man.
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Legal analysis: If the father neglects to take care of the child, the woman can file a lawsuit with the court to change the custody 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 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. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of raising and keeping a child in custody, 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 marriage, 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 in the agreement or judgment when the land is necessary.
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Grandparents do not have legal custody, but they can negotiate to reach the fact of custody.
Once a husband and wife divorce, custody of the child can only be enforced by one of the parents, and the child's household registration can only be carried out with one of the fathers or mothers.
1. Custody and guardianship are one, and grandparents do not have such legal effect.
Regarding the life of children, the most important thing is custody and guardianship, in our country, these two rights are one, and can only be owned by a father or mother.
And grandparents obviously do not have such the right to raise children, because of the birth of grandchildren, grandparents are already older, coupled with the doting behavior of the next generation, grandparents are far less effective in raising children than parents, so the law still has a practical effect on life.
2. Children can seek refuge with their grandparents in the later stage.
If the husband and wife do have strong life difficulties in raising children, they can form a later relationship of kinship, and the formation of such a relationship can be resolved through negotiation.
Personally, it is not recommended to form a refuge relationship, and the children of single-parent families will form character defects because of the lack of family, and if they go to refuge with relatives, then the harm to the children will be even greater.
The ** of family affection is produced by the accumulation of time and companionship, children may not attach so much importance to the material, and the company of relatives is very demanding, and the relationship of refuge will make the child's family affection lost.
3. If both parents have gone to the world, then the grandparents have custody.
There must be a premise for grandparents to have custody normally, that is, the child's parents are gone, and under this premise, grandparents can only have custody if they have the ability to raise them.
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No, they are not part of the immediate family and custody must be the child's immediate family.
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It is the chain spine cavity that has the right to raise the child, and if the two people on both sides have some physical diseases that cannot be raised, they can be handed over to the grandparents to raise them.
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If both parents do not have the ability to raise them, the grandparents also have this right of custody, and if the child's parents are alive, the parents will still raise them.
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Summary. Hello, under normal circumstances, grandparents cannot fight for the custody of their grandchildren or granddaughters. Parents are the primary guardians of their children in law.
If both parents are able to support the child, the child should be raised by either the father or the mother. If the grandparents want to fight for the custody of their grandchildren or granddaughters, then the following conditions must be met: first, the grandparents have the ability to raise them; The second is that the dependents need to be supported; The third is the death of the dependent's parents, or the death of only one of the parents, but the other parent is unable to support them, or both parents are incapacitated.
Only if the above conditions are met can the grandparents have the right to take care of the children.
Do grandparents have custody of their children after divorce?
Hello, under normal circumstances, the grandmother is not able to fight for the custody of her grandson or granddaughter. Parents are the primary guardians of their children in law. If both parents are able to support the child, the child should be raised by either the father or the mother.
If the grandparents want to fight for the custody of their grandchildren or granddaughters, then the following conditions must be met: first, the grandparents have the ability to raise them; The second is that the dependents need to be supported; The third is the death of the parents of the dependent, or the death of only one of the parents, but the other party is unable to support the defence, or both parties have lost the ability to support them. Only if the above conditions are met can the grandparents have the right to take care of the children.
Hello, I have one more question I would like to ask.
Uh-huh, you say. <>
My husband and I are married for the second time, he and his ex-wife gave birth to a daughter, 30 years old, Shu Dongming last year his daughter divorced, now my husband's ex-wife, every day to my husband to ask for money to raise nieces, my husband does not take it every day at the door of my community every day scolding, what should I do, this situation can only let your husband negotiate with his ex-wife, it is best to negotiate with your husband's daughter.
After all, she scolded at the door of the community, and she didn't scold at your doorstep, so you have no way to sue her for interfering with your normal life.
The custody of his niece was awarded to his son-in-law, and his ex-wife insisted on taking her niece over and scolded and asked for money at the gate of the community every day.
I can't sue her for harassing me.
If you are at the entrance of the community, you may not be a little convincing.
If you can lure her to your house to scold, the evidence is more abundant.
What if she scolds me in my house?
Then you go straight and quietly, videotap, record. In your house, you have to wish that she scolded as fiercely as possible.
The more murderous you are, the more evidence you have. <>
The custody belongs to the son-in-law, she has to take her niece over, and she wants to ask my husband for money to support her niece, what should I do in this situation?
In this case, either the negotiation cannot be reached, and the lawsuit must be resolved, otherwise it will be endless.
It is slightly more likely to be awarded to the woman.
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