case

After Wang's husband passed away, his father-in-law and mother-in-law spoke ill of him and punched him, forcing him to leave his breastfeeding son and return to his mother's house unbearable humiliation. Afterwards, Wang himself was not only unable to raise his own son, but also could not see his own son at all. Wang had no choice but to file a lawsuit with the People's Court of Jiaojiang District to reclaim his custody of his biological son. After the trial, the court held that the parents of the minor were the legal guardians of the minor's first order. Although Wang's husband had passed away, Wang, as the biological mother of his son, was still the legal guardians of the minor's first order. According to the Marriage Law of the People's Republic of China, both parents have the right and obligation to protect and educate their minor children. Although Wang's mother-in-law's behavior was not subjective and malicious, But objectively, it has infringed on Wang's right of guardianship over his son, so it is decided that Wang should raise his son and fulfill his guardianship duties.

Lawyer's viewpoint

According to Article 16, Paragraph 1 of the General Principles of the Civil Law of the People's Republic of China, "the parents of a minor are the guardians of the minor." And Article 49 of the Law on the Protection of Women's Rights and Interests stipulates that "if the father dies, loses capacity, or is unable to serve as the guardian of a minor child under any other circumstances, no one shall interfere with the mother's guardianship." Although the son of the two defendants in this case has passed away, But the plaintiff Wang, as the biological mother of his son, is the natural legal guardian and enjoys the right to guardianship of his biological underage son in accordance with the law, and is protected by law. This case should be a dispute over the infringement of guardianship rights, not only because the guardianship qualification of the biological mother is naturally obtained and does not need to be established, but also because the guardianship qualifications of the two defendants have not been confirmed in any aspect according to law, and will be hidden by the guardians, making it impossible for the guardians to actually exercise their guardianship rights; The two defendants, without the consent or temporary authorization of the plaintiff, concealed their guardians and refused to return them, which cannot be said to have infringed on the plaintiff's legal guardianship rights.

The parents of minors are guardians of minors. If the parents of minors die or have no guardianship ability, grandparents and others can serve as guardians. However, the plaintiff Wang has not lost his guardianship ability, so his grandparents cannot directly raise his grandson.