Study On The Parents' Custody Of Minors

The healthy growth of minors is inseparable from the guardianship of parents and other close relatives. Status and role of the legal guardian is irreplaceable. China's "General Civil Law" just stipulates the system of legal guardianship, but the scope of legal guardian and the revocation of legal guardian's qualification are still unclear. In Marriage Law, parents who have mutual right and obligation with children including birth parents,adoptive parents and stepparents who form nurturing relationships with children. This paper suggests that qualification of legal guardian of birth parents whose children are minors and legitimate children can't be revoked for the divorce of birth parents.Meanwhile, birth parents whose children are minors and illegitimate have the same status of guardian as the parents whose children born in wedlock. Stepparents who form nurturing relationships with children should have the same qualification as birth parents have to be the legal guardian of minors. Even though the stepparents divorce again, their wardship should not be revoked. At the same time, stepparents who form nurturing relationships with children are still the legal guardian of minors, and should be the first legal guardian, the monitoring status of stepparents ought to be superior to minor's close relatives except the birth parents. In some conditions, birth parents' qualification of legal guardian could be revoked. However, properly arrangement should be made to minors after the revocation.