After the parents divorced, the child's father died, and the court ruled that the mother took custody

Beijing Daily client

2024-06-02 17:04Published on the official account of Beijing Daily client in Beijing

After the parents divorced, the child was sentenced to be raised by the father. But then his father died, and his grandparents were too old and frail to take care of their grandchildren. Recently, the Shunyi Court notified this typical case involving the judicial protection of minors, and ruled that the child should be directly raised by his mother, Li.

Wang Mouxin and Li were husband and wife and had a son, Xiao Wang. In 2018, the two divorced by the court, Xiao Wang was directly raised by his father Wang Mouxin, and Li paid 700 yuan per month in child support. After Wang Mouxin died, Xiao Wang lived with his grandparents Wang Moulin and Sun Mouzhi. However, as Wang Moulin and Sun Mouzhi were getting older and their physical condition was deteriorating, they felt unable to continue to take on the responsibility of raising Xiao Wang, so they filed a lawsuit with the court to request a change in custody.

The court held that when Wang Mouxin and Li divorced, the court ruled that Xiao Wang, the son of the two, was directly raised by Wang Mouxin, and now that Wang Mouxin has died, Li, as Xiao Wang's mother, has a legal obligation to support Xiao Wang. The available evidence fails to prove that Li does not have the ability to support him, and that Xiao Wang has reached the age of 8, and that he is willing to live with Li, and that Xiao Wang's true wishes should be respected.

Although Li said that his current economic conditions are not capable of raising Xiao Wang, economic conditions are only one of the factors to measure the advantages and disadvantages of raising conditions, and are not the only criteria for judging the ability to raise children, Wang Moulin and Sun Mouzhi, as Xiao Wang's grandparents, have no legal obligation to raise minor grandchildren, and the two do not have a significant advantage over Li in terms of raising conditions.

In accordance with the principle of the best interests of minor children, considering factors such as the parents' obligation to support their children, the children's emotional needs for their parents, and the actual situation of Xiao Wang's life and education, it is more appropriate for Xiao Wang to live with his mother Li, and finally the court ruled that Xiao Wang should be directly raised by Li. After the judgment in this case was rendered, Li did not file an appeal.

According to the judge, during the trial of this case, Li did not agree to live with the child on the grounds that the economic conditions were not good, and he could not manage the child, etc., and the judge persuaded Li step by step from legal reason to reasonableness, reminding his parents that if they refused or neglected to perform their statutory guardianship duties and infringed on the legitimate rights and interests of the minor child, they should bear the corresponding legal responsibility, and warned him to earnestly assume his duties as a mother, do his best to raise the child to adulthood, and avoid the absence of guardianship affecting the healthy growth of the child.

The judge reminded that parents are the natural and legal guardians of minor children, and for minors, if the parents are alive and have guardianship capacity, they should perform their guardianship responsibilities in accordance with the law and fulfill their obligations to raise, educate and protect their minor children.

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