If a father, as the guardian of a child, dies of illness, can the custody be changed?

Custody can be changed. The court will consider various factors, focusing on the benefits of the child's life and growth, the child is 7 and a half years old, and has a certain ability to judge, the court will first ask the child's wishes, and then integrate all factors, so the child's wishes will also have a certain influence.

There is no need to consider the stepmother, she is not related to the child by blood, and the court will not award it to her.

I think you should have a good talk with the child's grandparents calmly, after all, going to court is not good for the child and both parties, especially the child, the divorce 4 years ago has hurt the child a lot, and now you have to go through a struggle between the mother and grandparents for custody, and the child still has to live! What would he think? He was only 7 and a half years old, but he had suffered unimaginable damage.

Everyone is competing for a better life for their children, and since there is a common goal, can't there be a good solution? Don't ruin your children for the sake of winning or losing. Everything is in the best interest of the child and the harm to the child is minimized.

I have also been such a child, so I understand this pain, and even the gram of death cannot forget this pain.

The law is allowed to change!

It is possible to apply for a change of guardianship and custody.

The law will take into account the relevant factors, but you can go to the law firm for consultation, even if the child's father is still alive, you can request a change of custody, and you are still with two elderly people.

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 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.