Custody of widowed childrenThe law stipulates how the custody of a widowed child is regulated

Widow Child Custody Law provides that in the case of widowhood, the child is raised by the other parent. In practice, if the father dies, custody of the child goes to the mother. However, grandparents who can afford it may claim custody of their grandchildren over minor grandchildren 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.

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 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.

How to change the custody of a widowed child.

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. Custody of a child can be changed, and the court's decision may not be the most appropriate. Conducive to the healthy growth of children is the fundamental goal.

Divorce has a great impact on children, and it is hoped that parents will estimate their children's feelings while pursuing their own interests. It is the obligation of parents to protect the legitimate rights and interests of children in order to benefit their children's physical and mental health.

The law on the custody of widowed children is as follows:

1. If the father dies, the custody of the child belongs to the mother;

2. However, grandparents who can afford it may claim custody of their grandchildren for minor grandchildren whose parents have died or whose parents are unable to support them;

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

According to the law, parents are the guardians of their children, and parents have the obligation to raise their children, so the custody of widowed children should belong to the surviving father or mother, but if the party has no ability to support them, they can be raised by blood relatives who have the ability to support them.

Legal basisArticle 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) brother and 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.

After being widowed, the child is raised by the other party, and generally only if the other party has no ability to raise the custody will be given to the in-laws, custody refers to a personal right of parents to their children, and the custody of legitimate children is divided into legitimate and illegitimate support, and in real life due to the emergence and occurrence of various reasons, resulting in the parents' custody of their children is not well protected.

According to Article 1074 of the Civil Code implemented in 2021, 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 can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

1. When the man dies, who will raise the children if the woman remarries.

When the man dies and the woman remarries, the child should be raised by the woman in principle. The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children. However, if the woman is unable to support her, her grandparents who can afford it may raise the minor grandchildren and grandchildren whose parents are unable to support them.

Article 1074 of the Civil Code.

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 can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.