Who is the legal guardian after divorce

After the parents divorce, the custody of the child can belong to one of the parents; However, both parties remain the guardians of their minor children.

Legal Provisions Civil Code (Effective) Article 27 [Guardians of Minors] 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 or maternal 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.

Article 1084: [Parent-Child Relationship After Divorce] The relationship between parents and children is not 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 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.

Who is the legal guardian after divorce needs to be determined according to different circumstances, as follows:

1. If the parents are established, the legal guardian is still the parents after the divorce. The relationship between parents and children is not dissolved by divorce. Responsibility for the custody of the child rests with the child's parents;

2. If the child's parents die due to objective reasons or are incapable of guardianship, grandparents, maternal grandparents, elder brothers, sisters, and other persons with the consent of relevant organizations or departments may serve as guardians of the child.

What is the standard of alimony after divorce.

Post-divorce alimony standards:

1. If there is an agreement between the parents, it shall be handled in accordance with the agreement;

2. If there is no agreement, the amount of alimony can be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality;

3. Those who have a fixed income shall be paid at the rate of 20% to 30% of their total monthly income; If there is no fixed income, it shall be determined on the basis of the total annual income of Wang Zhi or the average income of the same industry, with reference to the above proportions.

Legal basis: Article 27 of the Civil Code of the People's Republic of China.

Parents are the guardians of minor children.

Where the minor's parents are deceased or have no capacity for guardianship, the following persons with the capacity for guardianship are to serve as guardians in order:

1) Grandparents;

(2) Elder brother or sister;

3) Other individuals or organizations of people who are willing to serve as guardians, but must have the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Parents, the legal guardian of the child after the divorce is still the parent, even if the husband and wife divorce can not change the identity of the legal guardian of the minor child, only the corresponding custody has changed, but in the eyes of the majority of the people in our country, there is no difference between guardianship and custody. If the parents did not abuse and die because of the child's mistreatment, custody is not allowed to be deprived for any reason.

Custody in Divorce:

1. Evidence collection of basic conditions of both parties.

Collect evidence on the basic conditions of both parties, including but not limited to the nature of work, working environment, income status, living conditions, education level, character cultivation, etc., and highlight favorable factors through comparative analysis of the basic conditions of both parties. Even if there is little difference in the basic conditions of the husband and wife, such as salary income and education level, it does not mean that there is no difference. For example, the ideological quality of one party is particularly important in fighting for child custody, because the ideological quality of the direct parent will directly affect the healthy growth of the next generation.

2. Evidence of the basic conditions of both parents.

Many times, it is often not either spouse who actually takes care of the child, especially for preschoolers, Hu Dai is usually the parent of one of the parties. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody.

Legal basis

Article 27 of the Civil Code.

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.

After a divorce, the legal guardian of the child is the parent.

Legal analysisChinese law stipulates that the parents are the legal guardians of the minors in the first order, that is, the husband and wife are divorced, unless the people's court believes that the guardianship can be revoked, the parents are still the legal guardians of the minors, and the guardianship qualifications will not be revoked because of the divorce. The divorce of husband and wife only relieves the obligation of mutual reform between husband and wife, and guardianship is an obligation that will not be eliminated. The legal guardians of minors include:

1. Parents; 2. Grandparents, maternal grandparents, brothers, sisters, other relatives and friends who are close to the nuclear fraud; 3. The minor's father's or mother's work unit, or the residents' committee, villagers' committee, or civil affairs department for the minor's residence. The order in which the above three types of legal guardians serve as guardians is determined on the basis of the proximity of the relationship between the guardian and the ward, such as blood and organization.

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 or maternal 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 analysis: The law stipulates that the guardian is still the parent of the child after the divorce, and after the divorce, the party living with the child does not have the right to cancel the custody of the child. However, where the party who does not live with the child has criminal or abusive conduct against the child, or where the child's overt search is unfavorable, the people's court finds that it may be cancelled.

Legal basis: Article 27 of the Civil Code of the People's Republic of China Parents are the guardians of minor children. Where the minor's parents are deceased or have no guardianship capacity, 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 only with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.