I divorced my ex wife by mutual agreement for two years, and I want to get back custody of my childr

According to Article 36 of the Marriage Law, the relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

At any time after the divorce, a spouse may request a change in the custody of the child if there is a significant change in the circumstances or support capacity of one or both of the spouses. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation. In any of the following circumstances, the people's courts 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) 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 for the change. After the divorce, who should raise the children should be considered from the perspective of being conducive to the healthy growth of the children, and under this premise, the husband and wife can negotiate and determine when they divorce, and if the negotiation fails, the people's court may make a judgment.

Zongheng Legal Network Guizhu lawyer.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

Hello, you can sue for a change of custody, and the judge will determine whether the reasons you have listed are not conducive to the child's development. In addition, your claim must be supported by evidence.

First of all, I hope the purpose of your desire to have children is good!

Secondly, focus on considering the child's feelings, it is already 7 years old and should be sensible, and ask the child what he means.

Therefore, if you dig into the other party's character problems and don't care about the child, it will have an impact on the child's psychology in the future.

It still makes sense for you to get your child back, it hurts the child as well.

Hope your child is healthy and happy!

First of all, the 4 points you put forward must have a basis (evidence), and the court will verify whether it is indeed supported. If you follow the above 4 points, you should be able to get back custody of the child.

I think it's still a bit of a possibility for you, because from a health point of view, it's possible for the court to award the child to you. But the right thing to do now is to go to a lawyer.

Hello! I suggest you find a better lawyer to get custody of your child back for you. For the sake of your child's growth, I think the court will make the decision for you!

It should be, I'm not sure.

You should be able to try it and focus on your child's physical health.

You can go to the court and fight for it.

It's a bit likely, it's possible to judge you from a health perspective.

The parent who is directly raising the child can get back the child's support through negotiation with the other party; If the negotiation fails, you can file a lawsuit with the court for child support. Where a lawsuit is filed with the court, the lawsuit shall be filed in the name of the child as the plaintiff. Legal basis:

Article 1085 of the Civil Code: After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph shall not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Legal basis:Article 1085 of the Civil Code of the People's Republic of China [Burden of Child Support after Divorce] After divorce, where the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement fails, the Huchun People's Court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable request to either parent when necessary to exceed the original amount of the agreement or the balance of the decision.

Summary. Dear, I'm glad to answer your <>

Legal Analysis: Divorce child custody, ex-wife wants child custody and alimony can be like this: 1

Review the divorce agreement or judgment to confirm who the child custody was awarded to. This is the basis for determining custody. 2.

If custody has been awarded to you, your ex-wife will need to file a lawsuit again. The court will take into account factors such as the child's age, living environment, and ability to take care of the child. 3.

Even if custody belongs to you, you can appropriately agree to your ex-wife's request to visit your children as a sign of friendly negotiation between the two parties, taking into account the relationship between the child and the mother.

At the time of the divorce, the custody of the children belonged to me and I raised them, and now my ex-wife wants custody of the children and child support.

Dear, I'm glad to answer your <>

Legal Analysis: Divorce child custody, ex-wife wants child custody and alimony can be like this: 1

Review the divorce agreement or judgment to confirm who the child custody was awarded to. This is the basis for determining custody. 2.

If custody has been awarded to you, your ex-wife will need to file a lawsuit again. The court will take into account the child's age, living environment, ability to care for and other factors to make a new judgment. 3.

Even if the custody belongs to you, you can appropriately agree to the ex-wife's request to visit the child as a sign of friendly negotiation between the two parties, taking into account the relationship between the child and the mother.

When the child belonged to me at the time of the divorce, I promised the woman not to pay child support, and she took the child for two years to sue me for child support, custody.

In this case, the woman's grounds for prosecution are not sufficient.

However, considering that the woman has actually raised the child for two years, you can give a certain amount of allowance as appropriate.

to take care of the interests of the child. For custody, if the child has been confirmed to be in your custody.

The woman requesting a change needs to provide sufficient reasons to prove that the change is in the interests of the child.

When did you and your ex-wife get the divorce decree or mediation letter?

Divorced for several years, the child is more than 9 years old, and voluntarily divorced.

What are the provisions on child custody and alimony in these legal documents?

I take care of the child, she won't give me a penny to agree, and I also agree to take the child when I come back, and now I am suing for custody and child support, she is already married.

The kindergarten was all on my side, he didn't take care of it, and I didn't ask her for money.

The reason for the lawsuit was that I had abandoned them, and that she had taken the child for two years for custody support.

You have previously agreed that your ex-wife will not have to pay child support and that she will be allowed to take care of the children.

This has a detrimental effect on your current litigation defenses.

The ex-wife is now filing a lawsuit for change of custody and alimony.

Clearly inconsistent with the previous agreement, you can question the capriciousness.

You can claim that the change in the circumstances of your ex-wife's life after remarriage is not good for the children.

Offered to investigate her current maintenance conditions.

You can also prove that you have the means to continue raising them.

Summary. Dear, hello, I'm happy to answer for you After divorcing my ex-wife, I have a child per person, and my ex-wife is married again, she asks me for child support, which is not required, one child per person, and you can manage your own child support.

After divorcing my ex-wife, I had one child per person, and my ex-wife got married again, so she asked me for child support.

Dear, hello, I'm glad to answer for you After divorcing my ex-wife, one person and one child are staring at each other, and my ex-wife is married again, she asks me for child support, then I don't have to pay late, one child per person, and I can manage my own child support.

Legal analysis: In the case of one person and one child, if the husband and wife reach an agreement through negotiation, they generally do not need to pay child support. If there is a large age gap between the two children, the younger parent can strive for appropriate compensation, or the maintenance of the two children is divided or offset through negotiation, and if the husband and wife fail to negotiate, they can go to the court to file a lawsuit, and the court will make a judgment.

Legal basis: Article 49 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents and the actual living standards of the locality. For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 percent of their total monthly income.

Where two or more child support expenses are paid, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income. If there is no fixed income, the amount of the maintenance fee may be determined on the basis of the total income of the current year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the hall may be appropriately increased or the above proportion may be reduced.

Article 53: The period for payment of child support is generally until the child reaches the age of 18. Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income, and who are able to maintain the general living standard of the locality, may stop paying child support.

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