Whether grandparents are entitled to the custody of grandchildren depends on the specific circumstances, not necessarily. Among them, grandparents who can afford it have the obligation to care for minor grandchildren whose parents have died or whose parents cannot support them. The following conditions must be met for the obligation of fostering between grandparents and grandchildren:
(1) Grandparents have the ability to support;
(2) The dependent needs to be supported;
(3) If the parents of the dependents die or only one of them dies, the other party is unable to support them or both parents are unable to support them.
Article 28 of the Marriage Law stipulates that grandparents and maternal grandparents who are able to afford it have the obligation to bring up minor grandchildren and grandchildren whose parents have died or whose parents are unable to bring them up. The following conditions must be met for the obligation of fostering between grandparents and grandchildren:
(1) Grandparents have the ability to support;
(2) The dependent needs to be supported;
(3) If the parents of the dependents die or only one of them dies, the other party is unable to support them or both parents are unable to support them.
If the above conditions are met, there is no restriction for grandparents to raise their grandchildren voluntarily, but no conditions can be attached.
