Are parents still legal guardians after divorce?

According to the General Principles of Civil Law of People's Republic of China (PRC)

Article 16 Parents of minors are guardians of minors. Note: If a minor's parents are dead or have no guardian, the following qualified guardians shall serve as guardians:

Grandparents, grandparents;

Brother and sister;

Other close relatives and friends who are willing to assume the responsibility of guardianship shall obtain the consent of the unit where the minor's parents work or the residents' committee or villagers' committee of the minor's domicile.

If there is any dispute about being a guardian, it shall be designated by the unit where the minor's parents belong or the residents' committee or villagers' committee where the minor's near relatives live. If a lawsuit is filed against the designation, it shall be ruled by the people's court.

If there is no guardian as stipulated in the first and second paragraphs, the guardian shall be the unit where the minor's parents belong or the residents' committee, villagers' committee or civil affairs department of the minor's domicile.

Article 14 The guardian of a person without or with limited capacity for civil conduct is his legal representative.

the marriage law of the people's republic of china

Article 36 The relationship between parents and children shall not be eliminated by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.

To sum up, the divorce of husband and wife does not change the parent-child relationship with their children, and they still enjoy the custody of their children, but the custody is different. Parents who have custody of their children are still their legal representatives.

If more detailed consultation is needed, it is suggested to consult lawyer Ma Cheng of Shenzhen Divorce Lawyers Group online on the website of China Marriage and Family Gold Medal Lawyers Group, or to consult Shenzhen Marriage Lawyers by telephone for more detailed legal provisions.