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Who is the guardian of the child who remarries after the parents divorce

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Who is the guardian of the child who remarries after the parents divorce


        

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  • 2024-06-05 17:00:01

    If parents remarry after divorce, step parents and step children form a relationship of upbringing and education, step parents can act as guardians. The parents before divorce are also guardians of the children.

    After the divorce of husband and wife, the party living together with the child has no right to cancel the other party's custody of the child, except that the party not living together with the child commits a crime, maltreats the child, or is obviously detrimental to the child, unless the people's court can cancel it.

    The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents. The rights and obligations between the stepfather or stepmother and the stepchildren who are supported and educated by them, and the relevant provisions of the law on the relationship between parents and children.

    [Legal Basis]

    Article 1084 of the Civil Code states that the relationship between parents and children shall not be eliminated by parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.

    After divorce, parents still have the right and obligation to support, educate and protect their children.

    After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

    c***

    2024-06-05 17:00:01

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