Do Paternal or Maternal Grandparents Have the Right to Custody of Grandchildren?
According to Clause 1 Article 104 of the 2014 Law on Marriage and Family, the rights and obligations of paternal grandparents, maternal grandparents, and grandchildren are stipulated as follows:
Paternal grandparents and maternal grandparents have the right and obligation to care for, educate, and live exemplary lives, setting good examples for their grandchildren. In cases where grandchildren are minors, adults who are incapacitated, or those who are unable to work and have no assets to support themselves and no custodians as per Article 105 of this Law, paternal grandparents and maternal grandparents are obligated to support their grandchildren.
Additionally, Article 52 of the 2015 Civil Code stipulates the natural guardians for minors as follows:
The natural guardians for minors specified in points a and b of Clause 1 Article 47 of this Code are determined in the following order:
The eldest brother or sister is the guardian; if the eldest brother or sister is not qualified to act as a guardian, the next eldest brother or sister is the guardian, except in cases where there is an agreement for another brother or sister to act as the guardian.
In the absence of guardians specified in Clause 1 of this Article, the paternal grandfather, paternal grandmother, maternal grandfather, or maternal grandmother shall be the guardian, or they may agree to appoint one or more among them as the guardian.
Thus, paternal and maternal grandparents have equal rights in the upbringing and education of their grandchildren, as well as in guardianship. However, if the paternal grandparents and maternal grandparents cannot agree on who will act as the natural guardian to directly care for and support the grandchild, the parties may file a lawsuit in court to request the court to resolve their case.
The court will consider the best conditions, such as economic circumstances and other factors, for the grandchild to determine which party has the right to custody.
Sincerely!
