Can custody of children be changed after divorce?

Custody can also be changed after a divorce by mutual agreement. A man and a woman can request a change of custody at any time after the divorce. It is the right of both parties to change the custody of the child, and it is to better meet the needs of the child's healthy growth.

Generally speaking, both parties can sign an agreement to change the custody of the child. However, if the two parties cannot reach an agreement, and the other party does not agree to change the custody of the child, then the only way to file a lawsuit with the people's court can be filed. The court will only support the request for a change of custody if it is proved to the court that there are statutory circumstances for the change of custody rights.

If the other party is unable to enter the obligation of custody for various reasons, and cannot provide a good environment for the children to grow up, then the other party can naturally request to change the custody of the children.

Article 56 of the Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family: In any of the following circumstances, where one of the parents requests to change the child support relationship, the people's court shall support it: (1) The party 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.

The custody of the child can be changed after the divorce, and the two parties can negotiate to change the custody first, and if the negotiation is unsuccessful, a lawsuit can be filed.

Legal Analysis: Yes, child custody can be changed at any time after the divorce. Because when determining the custody of divorced children, it is necessary to follow the principle of "conducive to the physical and mental health of the children, conducive to the healthy growth of the children, and protect the legitimate rights and interests of the children", and fully consider the economic situation or family environment of both parents.

If the parent with custody is unable to take good care of the child for various reasons and cannot provide a good environment for the child to grow up, then the other party can naturally request a change in the custody of the child.

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 the divorce, the children are still the children of both parents, regardless of whether they are directly raised 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.

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 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 statutory 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.

Can custody of children be changed after divorce? After the divorce of the husband and wife, if there is a major change in the circumstances or ability of either party to raise children, they may propose to change the child support.

After the divorce, the custody of the child can be changed as long as both parties agree. Otherwise, it cannot be changed.

Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Yes, custody can be changed at any time as long as the other party agrees.

1. Child custody can be changed after divorce. There are the following ways to change custody of a child:

1) Modification of the agreement, if the parents agree to change the child custody relationship, and the two parties reach a consensus through consultation, they only need to go to the court for the record before the custody can be changed;

2) Litigation modification: If there is a dispute over the disagreement on the change of custody, you can directly file a lawsuit with the court to file a lawsuit for modification of custody.

2. Legal basis: Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts".

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

1) Where one of the spouses is living with the child and 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 has the ability to support them;

4) There are other legitimate reasons that need to be changed.

2. How to determine the custody of children in divorce.

The decision on child custody in a divorce is as follows:

1. If the child is less than two years old, the child shall be directly raised by the mother as the principle;

2. Where the two parties have reached the age of two, the decision shall be made by the parents' agreement, and if the two parties fail to reach an agreement on the issue of maintenance, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child;

3. If the child has reached the age of 8, the true wishes of the child shall be respected when deciding on the ownership of custody;

4. Both parents may agree to take turns raising their children, which will be based on a maintenance agreement reached voluntarily by both parties, or with the participation of the court.

The custody of the child can be changed after the divorce: 1. The parents agree to change the custody. As long as the parties agree by agreement, the other party can have custody of the child;2. One party files a lawsuit with the court, and the people's court decides whether to agree to the change based on the facts investigated.

Article 56 of the Supreme People's Court's Interpretation on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) In any of the following circumstances, where one of the parents requests to change the child-rearing relationship, the people's court shall support it: (1) The parent who lives 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 the other party, and the other party has the ability to support him;(4) There are other legitimate reasons for the change.