If the house of the child written in the divorce agreement belongs to the man, can the woman still g

Yes, you can negotiate with the other party to change the custody of the child, and if the other party does not agree, you can sue the court to change the custody. According to Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China, "In any of the following circumstances, if one of the parents requests to change the child support relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability; (2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health; (3) A child who has reached the age of 8 and is willing to live with another party who has the ability to support them; (4) There are other legitimate reasons for the change.

In other words, if you want your claim to be upheld by the court, you need to actively collect and provide the above evidence to prove that it is more appropriate for you to have your child.

Tips: In judicial practice, when deciding on the ownership of custody, the court will also consider the specific circumstances such as the ability and conditions of both parents to raise custody, and make a judgment based on the principle that is most conducive to the physical and mental health of the children and protects the legitimate rights and interests of the children.

[Legal basis].

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).

Article 55: After a divorce, where one of the parents requests a change in the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be initiated.

Article 56: In any of the following circumstances, where one of the parents requests a change in the child support relationship, the people's court shall support it:

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

(2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

(3) A child who has reached the age of 8 and is willing to live with another party who has the ability to support them;

(4) There are other legitimate reasons for the change.

Article 57: Where both parents agree to modify the child support relationship, the people's courts shall support it.

The divorce agreement clearly states that the right to the child's house belongs to the man. If the woman wants to get the child back. Unless the man treats the child badly.

Or maybe he's an alcoholic. Love to beat and scold children. Failure to create a good living environment for the child.

The child has been wronged. In this case, if the child is willing to stay with you, you can apply for custody of the child back. This is legally supported.

All for the sake of the children.

If the custody of the child has been written in the divorce agreement and it is clearly owned by the man, if the woman wants to get back the custody of the child, she should prove the first point, raising the child by herself will be more beneficial to the child's growth than the man, and the second aspect, the other party is not conducive to the child's growth, and it should also be clearly written.

If the agreement is an expression of the common intention of the husband and wife, the agreement has contractual effect and should no longer be violated.

Since the divorce agreement has been signed, the child can be with the man, unless the woman can prove that the man is not good for the child, otherwise there is no reason to get the child back.

If the house of the child written in the divorce agreement belongs to the man, can the woman still get the child back? Woman, if you want your child to live with you, then you have to go to court to sue for custody.

After the divorce by mutual agreement has returned to the man, the woman can ask for custody of the child back. The woman can change custody in the following two ways to get the child back:

1. Negotiate with the party with custody, and if the other party agrees to change the custody, both parties can sign a custody change agreement;

2. If the two parties fail to reach an agreement, the woman may file a lawsuit with the court to request a change in the custody of the child.

1. Can the woman ask for it back after giving up custody?

The woman's right to take back custody of the child is essentially a legal change of custody, can the woman get it back after giving up the custody? It is not entirely impossible, but the woman can take back custody of the child if both the man and the woman reach a consensus or meet the legal conditions for changing custody.

2. What should I do if the procedures for changing the custody of the child?

There are two ways to change the custody of the child, one is to change the custody by agreement between the two parties, which requires both parties to agree and sign an agreement, and then request the court to change the custody according to the agreement; The second is through litigation, if an agreement cannot be reached, you can file a lawsuit with the court to request the court to make a judgment to change the custody rights. It should be noted that both methods need to be approved by the court, while the second method requires certain legal conditions to be met before the court will decide to change custody rights in accordance with the law.

3. How to get back custody of the child.

There are two ways to get back the custody of the child, the first is that both parents are willing to change the custody after negotiation, and they can enter into an agreement to change the custody to get the custody back of the child; The second is that if one of the parents does not agree to change the custody rights, it is necessary to find evidence to prove that the current situation is a statutory circumstance that can change the custody rights. For example, the parent who originally had custody is now suffering from a serious illness, is disabled, or has a child over the age of 10 who is willing to change.

Several Specific Opinions of the Supreme People's Court on the Handling of Issues Concerning the Disturbance of Children in the Trial of Divorce Cases by the People's Courts

15. After the divorce, if one party requests to change the child support relationship, or the child requests an increase in child support, a separate lawsuit shall be filed.

16. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

Can you still get the house back to the children in the divorce settlement?

1. The transfer of the house to the children in the divorce agreement is a gift. This act of donation is not a separate act of gift, but an act of balancing interests and emotions made by the parents of the donee on a series of issues such as the dissolution of the marriage relationship and the ownership of custody, and it is an act of a strong special identity relationship, and it is a special act of gift that is attached to the dissolution of the relationship between the parents of the child.

2. Even if both parties fail to complete the transfer procedures in accordance with the divorce agreement in time and transfer the property to the child's name, the right of revocation cannot be exercised in accordance with the provisions of the Contract Law. Article 8 of Judicial Interpretation II of the Marriage Law stipulates that the clause on the division of property in the divorce agreement shall be legally binding on both parties. Where both parties repent on the issue of property division after agreeing to divorce, and request to modify or revoke the property division agreement, it will not be supported if no fraud or coercion is discovered.

According to this provision, if it has been clearly stated in the divorce agreement that the house belongs to the children, as long as there is no illegal circumstances such as fraud and coercion, and it is the true expression of the intention of both parties, it has legal effect and cannot be reversed. The provisions of the Property Law on the statutory provisions on property rights are mainly aimed at making changes in property rights generate credibility in the public through registration and protect the security of social transactions. If one of the parties to the divorce agreement reneges on the agreement to transfer the property to the children after the divorce, there is no third-party protection.

Therefore, his estoppel cannot be upheld.

Divorce house transfer procedures:

1. Documents required for the loan that has not expired: 1. Present the clause on the ownership of the real estate in the Divorce Agreement (notarization required) or the Arbitration (Judgment) of the court after it takes effect; 2. Divorce Certificate; 3. ID cards of both parties; 4. Proof of the original house ownership or mortgage, that is, the relevant procedures of the original mortgage loan. Steps:

1. Go to the housing management department to go through the procedures for changing ownership; 2. Go to the mortgage bank to go through the procedures for the mortgage rights (obligations).

2. If the mortgage loan has been paid off: only the existing real estate holder needs to go through the property right transfer procedures with the local real estate management department with the effective Divorce Agreement (notarization) or the court's Arbitration (Judgment), Divorce Certificate, ID Card, and the original Housing Ownership Certificate.

Can you still get the house back to the children in the divorce settlement?If you sign a divorce agreement and renege on it, you can find a lawyer to deal with it to see what to do about the repentance and whether you should be held responsible.

How to write a divorce agreement house to the children in the divorce agreement The house belongs to the children is actually a gift of the joint property of the husband and wife to the children, the content of the gift can be redrawn a gift agreement at this high, and the content of the gift can also be written in a separate article under the distribution of the joint property of the husband and wife in the divorce agreement, and the specific joint property of the husband and wife does not need to be notarized in the agreement with the children, only the parents and their children need to sign the agreement, and the agreement can take effect, each person holds a copy, and there must be a date of signing. The property can be transferred to the child's name.

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

After the divorce, the child is awarded to the woman, and the man can negotiate with the other party first. If the negotiation fails, a lawsuit can be filed with the court. Specifically, it can be returned according to the results of the court's decision.

If it can be proved that one party has some vices, and there is evidence that the child follows the woman is not conducive to the child's growth, the judge will often not award to this party. The court will consider the custody of the child based on the specific circumstances that are conducive to the child's health and growth, taking into account the actual ability and conditions of both parents to raise the child. To change the custody of the child, both parties need to agree and sign, which can be notarized at a notary office or resolved by the court.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China provides that the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

1. Can the divorce agreement return the child to the woman and the man?

A divorce agreement is a written agreement signed by both spouses who are about to dissolve their marriage on the division of property, custody and visitation of children, spousal support, child support, etc.

Both husband and wife divorced voluntarily and had reached an agreement on child support and the division of property, as long as it was written out. For example, if you have two daughters after marriage, you will be raised directly by the woman.

During the period of upbringing, the husband shall bear the maintenance expenses (including medical expenses, education expenses, and insurance premiums) of the legitimate child; The woman should carefully raise the child born in wedlock, and there should be no abuse, abandonment, or domestic violence; The man can visit the legitimate daughter every month, and can also visit the school, and can live with the legitimate daughter for several days per week, and can live together for winter and summer vacations, and the woman has the obligation to assist; The exercise of visitation rights shall not affect his studies.

2. Prepare the following materials and evidence for the lawsuit to change custody:

1. The complaint for change of custody includes the identity information of both parties, the litigation claims, facts and reasons, conclusion and date. In the facts and reasons, it is necessary to fully explain that the other party is not suitable to continue to raise the child, and that he or she is able to raise the child after changing the custody.

2. A copy of ID card.

3. Child's birth certificate.

4. A copy of the divorce certificate, divorce agreement or divorce judgment.

5. Evidentiary materials:

1) The other party's employer issues relevant supporting materials to prove its income and job changes.

2) Ask the neighbors or friends of the other party to provide a certificate of long-term bad habits of the party, or ask the other party to provide a statement that the other party has not fulfilled its obligation to support and abused the child;

3) If you change your place of residence frequently, you can ask the owner of the house where the other party is renting about the signing of the lease contract;

4) If the other party owes the creditor a debt, it may request the creditor of the other party to issue a certificate of the existence of a creditor's right and debt relationship;

5) If the other party suffers from serious illness or disability, relevant certification materials issued by the medical and medical appraisal department are required.

6) The party filing the lawsuit has proof of income such as his or her own salary slips, which proves that he or she has the ability to raise the child.

6. List of evidentiary materials.

Specify the name, number of pages and number of copies of the submitted materials, and indicate in the remarks column whether the materials are originals or copies.