Case synopsis:

A male and female as husband and wife, fertility has a female C. As because of illness or. In the Otome died less than a year, a male and female one male ding. Therefore, as parents, Grandpa, grandma is C female to a male affair and birth a male act angry, want to fight for custody of the third girl. I wonder if you could?

Answer.

The child custody issues two conditions are relatively easy to deal with, one is twoYears of ageHere, two is more than ten years of age. Generally speaking, two years of age to determine the custody of the woman as the principle, to listen to the views of children over the age of ten as the principle. As for the two to ten years of age the child custody law problem, a principle: is conducive to the healthy growth of children. This situation requires both men and women do "subtraction", courts will need to list their favorable conditions to raise, to get custody of the child.

The description of facts+Evidence supporting     

Successful possibility estimation is not particularly large, is a key link to the neighborhood to open a designated guardian notice.

The train of thought:

A neighborhood, to talk;

1Extramarital affairs.

2. sex and birth a son and others within marriage;

3. the woman died, not to the guardian's responsibility, duty of care.

Two, the neighborhood sympathy, issued by the designated guardianship notice;

Three, each other, initiate action of confirmation to the court.

The main legal basis:

"General rule of the civil law"

The second day care

Article sixteenthThe parents of a minor are the guardians of minors.

The parents of a minor are dead or not care ability, consists of the following persons in the custody of the ability of people to serve as the guardian:

　　(A)Grandparents, grandparents;

　　(Two)Brother, sister;

　　(Three)Other close relatives, friends willing to bear the responsibility of guardianship, the units of the minor's parents, the place or minor domicile residents' committee, villagers' committee agreed.

In case of a dispute over guardianship, the units of the minor's parent, location or place of the minor's residenceThe residents' committee, villagers' committee's near relatives in. The specified filed a lawsuit against, by the people's court.

Not the first, the second paragraph of the guardian, the units of the minor's parents, the parent's or minor domicile residents' committee, villagers' committee or the civil affairs department shall act as his guardian.

The spirit seventeenth behavior without civil capacity or with limited capacity for civil conduct patient, consists of the following persons:

　　(A)Spouse;

　　(Two)Parents;

　　(Three)Adult children;

　　(Four)Other close relatives;

　　(Five)Other close relatives, friends willing to bear the responsibility of guardianship, the unit to which the mentally ill or domicile residents' committee, villagers' committee agreed.

In case of a dispute over guardianship, specified by the unit to which the mentally ill or domicile residents' committee, villagers' committee in the near relatives. The specified filed a lawsuit against, by the people's court.

No provision of a guardian, the unit to which the mentally ill or domicile residents' committee, villagers' committee or the civil affairs department shall act as his guardian.

eighteenth guardians shall perform their duties of guardianship, protection of human body, is the guardian of the property and other lawful rights and interests, except for the interests of the ward, shall not handle the guardian.

The guardian fulfill guardianship rights according to law, shall be protected by law.

The guardian does not fulfil his duties as guardian or infringes upon the legitimate rights and interests, should bear the responsibility; to be the guardian causes any property loss, it shall compensate for the losses. The people's court may, according to the application by the person or unit concerned, revoke the guardianship.

nineteenth mental patients interested person, can apply to the people's court for a declaration that the mental patient is a person without capacity for civil conduct or with limited capacity for civil conduct.

By the people's court to be without civil capacity or a person with limited capacity for civil conduct of man, according to his health condition, upon his own application or that of an interested person, the people's court may declare him to be a person with limited capacity for civil conduct or a person with full capacity for civil conduct.

The Supreme People's Court on the implementation of "of civil law of the people's Republic" opinion (Trial)
(two) about the guardianship
10The guardian's guardianshipIncluding: protect the health, care is the guardian of the life, management and protection is the guardian of the property, the guardian is engage in civil activities, the ward management and education, the legitimate rights and interests are infringed or guardian dispute with the people, agent of its action.
The 11 identified the ability to monitor the guardian shall, according to the economic health of the guardian, condition, and identified factors guardian in life contact condition.
Close relatives under 12 in civil law including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv.
13 for the mentally ill not adult years set the guardian, the applicable provisions of the general principles of the civil law article sixteenth.
14 people's court appointed guardian, the sixteenth general principles of civil law in second paragraph (a) (two) (three) or the first paragraph of article seventeenth in the (a) (two) (three) (four) (five) provision as designated guardian order. The former sequence has the guardianship qualification without care abilityOr to be the guardian obviously adverseThe people's court may, according to the guardian is advantageous principle from a sequence of guardianship qualification selection.The guardian has the ability to identify, as the case may be for the guardian.
A guardian may be one person, but also can be a number of people in the same order.
The guardian determined agreement between the 15 has the guardianship qualification, shall be made by agreement to determine the guardian of the guardian is bear the responsibility of guardianship.
16 for the guardian is controversial, shall be in accordance with the provisions of the general principles of the civil law article sixteenth paragraph third or article seventeenth paragraph second, shall be designated by the relevant organization. Without a specified by the people's court, the people's court shall not accept the.
17 relevant organizations in accordance with the general principles of the civil law designated guardian, by written or oral notice to the designated person, shall be deemed as appointed. A nominee may be notified, in the people's court within thirty days from. Overdue charges, according to the alteration of guardianship treatment.
18 Guardian appointed, shall not change. Unauthorized changes, by the guardian and change the original designated after the guardian shall assume the responsibility of guardianship.
19 nominee for the specified may initiate proceedings, the people's court shall according to the opinions of the provisions of article fourteenth, to maintain or to cancel a designated guardian's decision. If the decision is to cancel the original specified, can also be designated guardian. In such cases, according to the Civil Procedure Law (Trial) special procedure for trial.
In the people's court guardianship responsibility before the judge, the general should be in accordance with the designated Guardian order shall be borne by the person who has the guardianship qualification.
20 guardian does not fulfil his duties, or infringe upon the lawful rights and interests of the guardian. The sixteenth general principles of civil law, the provisions of article seventeenth of the other person who has the guardianship qualification or units to the people's court shall bear civil liability for the guardian, in accordance with the requirements of ordinary procedure; alteration of guardianship, in accordance with the special procedure; both the request shall bear civil liability, and alteration of guardianship hearing, respectively.
The 21 couples living together with their children after divorce, one party has no right to cancel each other over the custody of the children. But not with the children living together on one side, the children have committed a crime, abuse behavior or obvious unfavorable to the children, the people's court that the exception can be cancelled.
22 guardian can be part or all the guardianship duties entrusted to others. Because the guardian's tort should bear civil liability, shall be borne by the guardian, unless otherwise agreed by the trustee; there is fault, joint liability.
23 the death of one spouse, the other party will children for adoption, such as the adoption of the healthy growth of children is not bad, and do the legal adoption, identification of establishment of the adoptive relationship. Other guardian shall not has not agreed to the adoption and advocated the adoption relationship is invalid.