Article 27 of the Civil Code of People's Republic of China (PRC) stipulates that parents are guardians of minor children. If a minor's parents are dead or have no guardian, the following qualified guardians shall serve as guardians in turn:
1, grandparents, grandparents;
2. Brothers and sisters;
3. If other individuals or organizations are willing to act as guardians, they must obtain the consent of the residents' committee, villagers' committee or civil affairs department of the minor's domicile.
1. What is the process of changing guardians?
First of all: you need to apply to the court to change the guardian. According to relevant laws and regulations, cases of changing guardianship are under the jurisdiction of the people's court where the ward lives.
Secondly, the applicant should submit a civil complaint to the court to apply for changing the guardian, and submit the evidence that the original guardian can't perform his guardianship duties or no longer has the qualification of guardian, as well as the evidence that the applicant is more beneficial to the ward as a guardian.
Finally, the court will make a ruling according to the specific circumstances and in line with the principle of benefiting the ward.
Generally speaking, if the guardian is determined by the parties with guardianship qualifications through consultation, the parties may change the guardian after renegotiation; If the parties cannot reach an agreement on changing the guardian, the people's court may make a ruling.
2. Under what circumstances can I apply to change my guardian?
Applying for changing the guardian means that if the guardian of the respondent is unable to perform his guardianship duties, or refuses to accept the guardian appointed by the relevant organization, and fails to bring a lawsuit within the time limit prescribed by law, other qualified guardians or relevant units shall apply to the people's court for changing the guardian of the respondent.
Guardians of minors, mental patients with no or limited capacity for civil conduct, may not be able to undertake guardianship duties for three reasons: First, guardians are not qualified for guardianship. For example, a guardian becomes a person with no capacity for civil conduct or a person with limited capacity for civil conduct and is not qualified to perform the duties of a guardian; Or, the guardian's economic conditions are not suitable for being a guardian; Second, the guardian's failure to perform guardianship duties may cause damage to the ward or has caused damage to the ward; Third, according to the relevant regulations, if an application is made to change the guardian, that is, if the relevant organization designates the guardian in accordance with the provisions of the Civil Code and notifies the designated person in writing or orally, it will be regarded as the appointment. If the designated person refuses to accept it, he shall bring a suit in a people's court within 30 days from the day after receiving the notice. Fails to prosecute, according to the change of guardianship.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 31 of the Civil Law of People's Republic of China (PRC) is controversial about the determination of guardians. The residents' committee, villagers' committee or civil affairs department of the ward's domicile shall appoint a guardian. If a party refuses to accept the appointment, he may apply to the people's court for the appointment of a guardian. The parties may also directly apply to the people's court for the appointment of a guardian. 0