Immediate family members are mentally ill and unable to raise children, are there any laws and polic

1.The guardian must be a person with full capacity for civil conduct.

2.Article 16, Paragraph 16 of the Civil Code: The parents of minors are the guardians of minors.

Where minors' parents are deceased or have no capacity for guardianship, one of the following persons is to serve as guardian:

1) Grandparents;

2) brother and sister;

3) Other close relatives or friends are willing to bear guardianship responsibilities with 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.

Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling.

Where there is no guardian provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.

Legal Analysis: Normally, people with mental illness have custody of their children, but the court will not necessarily award custody of the children to Tong Fanyan. Because mentally ill people cannot recognize or control their behavior when they are sick, it is easy to cause harmful results.

Family members or guardians of a mentally ill person need to be closely supervised and treated. Mentally ill people have no way to provide conditions for their children to grow up healthily. That is, regardless of whether the person is sick or not, the person concerned has legal rights such as custody.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of 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 the divorce, parents still have the right to raise, educate and protect their children, as well as the obligation to be a brother. 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.

A mentally ill parent cannot raise a child. According to the law, it is necessary to decide which party will raise the child from the perspective of being conducive to the child's growth. One parent has a mental illness and is not able to raise and educate the child well, and the child can also be harmed by the chain.

After divorce, children under the age of two are raised directly by their mothers. For children over the age of two, where both parents fail to reach a maintenance agreement, 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. Children over the age of eight should be respected.

Article 1084 of the Civil Code of the People's Republic of China.

Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts are missing Articles 1 and 3.

No. Mentally ill people generally do not get custody of their children, but it is not absolute. If the two parties fail to reach an agreement, the court will make a judgment in accordance with the principle of conducive to the healthy growth of the children on the basis of considering the circumstances of both parents.

Nasty pie.

A mentally ill person is a person with no or limited capacity for civil conduct, and has no ability to raise children.

Article 22 of the Civil Code provides that adults who cannot fully recognize their own acts are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legally-prescribed **person** or with the consent and retrospective recognition of their legally-prescribed **person; However, La Shifan can independently carry out civil juristic acts that are purely profitable or civil juristic acts that are compatible with his intellectual and mental health conditions.

If it is a mentally ill person who does not have **, is a person with no capacity for civil conduct or a person with limited capacity for civil conduct, there is no responsibility for chain splitting support. Because he also wants to protect the shed, and the shut-up is to help sell meditation.

The Civil Code stipulates that a person with mental illness who does not have the ability to raise his or her children cannot obtain custody of his children.