How to change the custody relationship after a divorce by mutual agreement

The decision on the ownership of child custody is based on the principle that it is conducive to protecting the interests of the child, and if there is a situation that is not conducive to the healthy growth of the child, the child's custody relationship should be changed.

Therefore, after the divorce, the child support relationship can be changed, but it must comply with the law: (1) If the child support relationship is changed, a separate lawsuit shall be filed.

2) If there are legal reasons, the change of custody relationship should be supported.

Specific legal reasons: The parent living with the child is unable to continue to raise the child due to serious illness or disability;

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;

Minor children over the age of 8 who are willing to live with another parent who has the ability to support them;

There are other legitimate reasons for the change.

Where one party's request to modify the child support relationship falls under any of the above circumstances, the people's court shall support it.

Where both parents agree to change the child support relationship, it shall be permitted.

Regardless of whether it is a divorce by mutual agreement or a divorce by judgment, it is not necessary to file a lawsuit with the court if the two parties have reached an agreement to change the child support relationship, as long as there are no illegal matters and problems that are detrimental to the growth of the children, it should be allowed.

You can file a lawsuit with the court to change the custody relationship. If there are any of the following circumstances that require a change in custody, the court will 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.Minor children over the age of 10 who are willing to live with the other party and who have the ability to support them.

4.There are other legitimate reasons for the change.

Legal basis] Article 16 of the Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that if one party requests to change the child support relationship under any of the following circumstances, it shall be supported.

1) Living with the child, one of the parties 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.

Procedures for changing the custody relationship after divorce by agreement: If both parties reach a custody change agreement through consultation, sign the custody change agreement, and then file it with the divorce registration authority; If the two parties cannot reach an agreement, they will file a lawsuit with the court and the court will decide whether the custody is changed, and the judgment on the modification of the custody relationship can take effect.

[Legal basis].Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

In any of the following circumstances, where one of the parents requests a change in the child's custody 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 living with the child has a truly adverse 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 parent who has the ability to support him;

4) There are other legitimate reasons for the change.