I am divorced, and the woman is married again, can the custody of the children be changed?

It is possible to apply for a change of custody of the original child.

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 who has the ability to support them;

4.There are other legitimate reasons for the change.

5.According to the above provisions, as long as any of the above conditions are met, you can apply to the people's court for modification of custody.

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.

Who is raising the child should be considered from the perspective of being conducive to the healthy growth of the child, and if the other party is married, it should be a legitimate reason to change the scope of custody, and a lawsuit may be filed to request a change in custody.

According to the relevant provisions of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

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) 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.

The two parties can negotiate and settle the matter, and if the negotiation fails, they can file a lawsuit in the court to request a change in custody.

With the continuous development of social economy, the relationship between husband and wife will also undergo certain changes, some couples will choose to divorce after a certain number of years together, but there will be many problems when divorced, such as the problem of the ownership of children, some friends should have encountered such problems, when the war situation is married, the court awarded the child to the woman, but the woman chose to remarry later, at this time can the man ask for custody? In this case, it is possible to take back custody.

According to the relevant laws and regulations of China's first front, at any time after the divorce of the husband and wife, one or both parties have a large change in the situation or the ability to support the situation, can put forward a request to change the custody of the child, generally speaking, the right to raise the child is negotiated by both parties first, if the negotiation is not possible, then the court will make a judgment, the court will judge the ownership of custody according to the specific circumstances, generally speaking, if the party living with the child suffers from a major illness, or if there is no way to continue to raise the child, the court will award that it belongs to the other parent who can raise it.

In this process, we also have to pay attention to a problem, that is, if after the divorce, one party asks to change the child support relationship, and both parties cannot reach a good agreement on this, then a new lawsuit will be filed, so to sum up, we can clearly see that if the woman has remarried someone else? As a biological father, he can ask the court to re-adjudicate the issue of the child's ownership, and the court will also re-decide the issue in accordance with relevant laws and regulations, generally speaking, it will be awarded to the biological parents.

There will always be all kinds of problems in our lives, especially between husband and wife, so we must understand some truths, that is, how we should use laws and regulations to protect ourselves, and how to protect our own rights and interests under the protection of the law.

It is possible to prosecute. The lawsuit was filed to change the custody of the child on the grounds that the woman's remarriage may have another child, which will have a greater impact on the child and is not conducive to the child's growth.

Theoretically, yes. Because the child's parents can fight for custody, but if the woman has the ability and takes care of the child well, and the child is willing to follow the mother, then even if the woman takes the child to remarry Lao Bi, it is a good brother.

1. If the child belongs to the woman in a divorce by agreement, the man may sue for custody of the child. 2. If it is agreed that the child will be raised by the woman at the time of divorce, after the divorce, the man still has the right to file a lawsuit with the court to change the custody right of Futan and the child, and require the child to be raised by the man.

Yes, but everything is subject to the child's favorable conditions, and the child's opinion must also be sought, because remarriage is actually equivalent to giving up custody.

Of course. As long as you show evidence that the child is not conducive to growing up with the woman, you can fight for custody.

Hello, regarding the custody of the child, it is recommended that you communicate with the other party first, negotiate the change of child support, and other related child support and visitation time. If you really can't reach a consensus, you can offer a lawsuit to deal with it.

However, it should be reminded that the court often needs a clear and justifiable reason to change the custody rights. The reasons for the change of custody under the laws of our country are mainly as follows:1

One party is unable to continue to raise the child due to serious illness or disability; 2.One party has not fulfilled its obligation to support the child or has committed abuse of the child, or the living with the child has a real adverse effect on the child's physical and mental health; 3.A child who has reached the age of 8 is willing to live with the other parent and that parent has a legitimate reason such as the ability to support him/her.

You described that because the woman remarried, you want to change the custody of the child, but if only because the other party remarried, there is no change in other custody ability and time conditions, the possibility of changing the custody of the general court is relatively small.

Hope mine is helpful to you.

Relevant legal provisions] 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 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;

There are other valid reasons for the change.

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

You can negotiate with the woman first to change the custody of the child. If the negotiation fails, you can go to court to file a lawsuit, but the following conditions must be met:

Article 56 of the Judicial Interpretation of the Civil Code: In any of the following circumstances, where one of the parents requests to change the relationship between the child and the daughter, 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 eight and is willing to live with another parent who has the ability to support him;

4) There are other legitimate reasons for the change.

Of course, if she treats the child badly, or if the child is willing to follow you, you can go to court to sue and ask for a change in custody.

I am divorced, the woman is married again, and the custody of the daughter can be changed? The custody of the daughter cannot be changed casually, and it must continue to be enforced under normal circumstances.

Yes! Until the age of 18, you can do it until you are a minor. The premise is that one's financial ability is stronger than the woman's in all aspects.

The court will agree to the change based on whose financial conditions are better, who is better at accompanying the children, and who is more capable of raising the children. The court sues for a change of custody.

If the mother has a faulty grandson luck, and the child has a better development with you, then you can apply for change, if you can't change, it is also a legitimate right for you to take back the quiet hand to live, and no one can stop it!

To change the custody rights, either the two parties will agree to collapse the reputation of Sun Shang, or go to the court to file a lawsuit for change. Where the circumstances of the party who originally raised the child change and it is no longer suitable to raise the child, the other party may request a change.

If the woman agrees, she can change it, but if the woman doesn't agree, she can't change it.

You can go to the court to sue and get back the custody of the child, which is more troublesome.

It is best for both parties to negotiate and settle the matter. It should work.

It can be resolved through legal means.

Child custody in a divorce can be reversed. However, the following conditions must be met:

1. There are new circumstances, new reasons, or new evidence, and it is sufficient to overturn the original judgment or ruling;

2. The facts of the original judgment or ruling are unclear, the evidence is insufficient, or the application of law is erroneous;

3. Other conditions.

[Legal basis].Article 200 of the Civil Procedure Law of the People's Republic of China.

Where a party's application meets any of the following circumstances, the people's court shall retry it:

1) There is new evidence sufficient to overturn the original judgment or ruling;

2) The basic facts ascertained in the original judgment or ruling lack evidence to prove that the state is pure;

3) The primary evidence of the facts ascertained in the original judgment or ruling was fabricated;

4) The main evidence of the facts ascertained in the original judgment or ruling has not been debated;

5) Where the parties are unable to collect, alter, or dismantle the main evidence needed for trial on their own for objective reasons, and apply in writing to the people's court to investigate and collect it, but the people's court does not investigate and collect it;

6) The original judgment or ruling was truly erroneous in the application of law.

Legal analysis: When the child custody is given to the man in the divorce, it can be changed to the woman. [Legal basis].

Article 16 of the Several Specific Opinions of the Supreme People's Court of the People's Republic of China on the Handling of Child Support Issues in Divorce Cases by the People's Courts: Where one party requests to modify the child support relationship in any of the following circumstances, it shall be supported. (1) The party 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 is really detrimental to 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 that need to be changed.