When the father dies, who has custody, and who has custody of the child after the father dies

Your mother still has legal custody of you, and she can legally obtain custody of you.

At the same time, your aunt can also apply for a change of custody, but the conditions are as follows:

Under what circumstances can custody be changed? 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.

In any of the following circumstances, the people's courts shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change. However, the most important point is"It should be considered from the perspective of being conducive to the healthy development of the child", so your attitude is also very important (provided that you are over 10 years old before the court will refer to your opinion).

You must consult a lawyer first and be aware of it. In your case, you actually have a good chance of obtaining custody, and you don't need to talk too much, you are full of reasons. But it is better to resolve it through legal means through the guidance of a lawyer.

Legally it should be your mother, but if your mother is no longer able to take on the role of guardian, you can negotiate or decide that your aunt will be the guardian, and you can send this email to prove that you are at the age of choice.

A, of course it's your mother, your mother is now the closest person in the world to you. And your mother has an obligation to raise you! What child doesn't have the love of their parents?

Although Dad is dead, there is still Mom! Although divorced, you are innocent. It's right to follow your mom.

If you follow your aunt now, after all, you are not your own relatives, and you will be wronged.

You're your mother's heart after all! What parent in the world doesn't love their children. In front of their parents, children can do anything, even if they do something wrong, their parents will forgive. But, my aunt won't. Do you understand? That's the difference.

Your guardian should be your mother.

Legal analysis: The custody of the child after the death of the father belongs to the biological mother, but the grandparents who can afford it can claim custody of the grandchild for the minor grandchild whose parents have died or whose 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.

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 fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Article 1068: Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.

Legal Analysis: In the case of the death of the father, generally speaking, the custody of the child belongs to the biological mother of the child. 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.

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. 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. 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: The custody of the child after the death of the husband naturally belongs to the mother, and the parents of the minor are the guardians of the minor. According to this provision, custody rights are only determined because of the divorce of the husband and wife, which parent is the legal guardian of the minor child, and the one who obtains custody dies, and the other legal guardian naturally obtains custody.

Legal basis: 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) Elder brother or 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 analysisIn the event of the death of the father, generally speaking, the custody of the child belongs to the biological mother of the child. 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, maternal grandfather and mother bear the obligation to support the child.

Legal basisArticle 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 whose parents have died or whose parents are unable to support them. Grandchildren who have the ability to afford to travel have the obligation to support their grandparents who have died of starvation or whose children are unable to support them.

If the parents are deceased, the child's grandparents, maternal grandparents, and older siblings who have the ability to support them can fight for custody. If the parties cannot reach an agreement on the custody issue, they can sue the court and request the court to make a judgment, and the court will make a judgment according to the principle of the best interests of the child.

Article 1074 of the Civil Code of the People's Republic of China Grandparents who have the ability to bear the burden of rubber 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. Article 1075 of the Civil Code of the People's Republic of China: An older brother or sister who can afford it has an obligation to support an adult brother or sister whose parents have died or whose parents are unable to support them.

Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.