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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.
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Cases of change of child support relationship.
1) Divorce judgment, mediation document or certificate from the marriage registration authority;
2) Proof of the advantages or disadvantages of raising their respective children;
3) Proof of their respective economic income;
4) Opinions of minor children over the age of 8;
5) Other evidence.
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Legal analysis: The circumstances of the change of child custody relationship are: 1. The parents can reach a negotiation on the change of the intelligent version of custody; 2. Circumstances where one of the parents requests to change the child support relationship, and the parent who directly raises the child is no longer suitable to enjoy the right of custody due to illness, abuse of the child, failure to fulfill the obligation to support the child, etc.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of 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. After the divorce, children under the age of two are directly raised by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court shall, on the basis of the specific circumstances of both parties, make a judgment in accordance with the principle of the most favorable to the minor child.
Where children have reached the age of 8, their true wishes shall be respected.
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1.A person who lives with a 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 who has the ability to support them;
4.There are other legitimate reasons for the change.
Legal basis] According to Article 36 of the Marriage Law, the relationship between parents and children is not extinguished by the divorce of 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 the divorce, parents still have the right to raise and educate their children.
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