Can child custody be changed after divorce?

The divorce agreement can be changed by both parties before it is signed. It can also be changed after signing the contract and before the divorce is registered. At both stages, both sides can also renegotiate.

However, if the divorce has been officially registered and both parties have officially divorced, then the custody can no longer be changed at will. At this time, if you want to change the custody of the child, either the two parties can reach an agreement and sign a custody change agreement. Either that can only be resolved through legal proceedings.

File a lawsuit with the people's court to request a change in custody of the child. To apply to the court for a change in custody of a child, there are legal reasons, and the law clearly stipulates several circumstances under which a change in custody can be made.

Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 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 party who has the ability to support them; (4) There are other legitimate reasons for the change.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal Analysis: Yes. It is possible to claim a change of custody in the following circumstances:

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. 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. In the event of a divorce, children under the age of two shall be raised directly 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 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.

After the divorce, the custody of the child can be changed if one of the following circumstances exists:

1. The direct custodial party is unable to continue to raise the child due to illness or disability;

2. The direct custodial party does not perform the obligation to support the child, abuses the child, or continues to live with the child and the daughter will have an adverse impact on the child's life;

3. The child has reached the age of 8 and is willing to live with the other party, and the party also has the ability to support them;

4. Both parents are willing to change custody;

5. There are other legitimate reasons.

Where both parents are willing to change custody, they may reach an agreement on their own, stipulating that the custody of the child belongs to the other parent; If one party is unwilling to make the change, it shall choose to resolve the matter by litigation through the following process:

1. Submit the civil complaint and a copy of the complaint to the people's court, as well as the corresponding evidence;

2. Where the people's court conducts a review of the materials received and finds that the conditions are met, it shall file the case;

3. After the people's court files the case, it shall send a copy of the complaint to the defendant;

4. After receiving a copy of the complaint, the defendant may submit a reply, and if it is not submitted, it will not affect the trial of the case;

5. Trial in accordance with the law;

6. Make a corresponding judgment according to the trial result.

Child custody rights can be changed after a divorce, and they can be changed at any time. There are two forms of changing the custody of a child, one is to negotiate the change, and the other is to sue for the change. Negotiated change refers to the agreement between the two parties to sign a child custody change agreement.

The process for suing for a change of custody of a child is:

1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;

2. The people's court accepts the documents and materials submitted by the plaintiff, conducts a review, and files the case if it meets the requirements;

3. The court shall serve a copy of the plaintiff's complaint on the defendant.

4. The defendant makes a written defense;

5. ** trial;

6. The court makes a judgment.

The conditions for changing custody are:

1. The original parent Cha Rangliang is unable to continue to raise his children due to serious illness or disability;

2. The original parent does not fulfill the obligation to support the child or abuses the child, or the 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.

Legal basisArticle 16 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Courts".

In any of the following circumstances, one party's request to change the relationship between the child and the child shall be supported:

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 that need to be changed. Article 17 stipulates that if both parents agree to change the relationship between the parents of a child, it shall be permitted.

Custody of children can be changed after divorce.

At any time after the divorce, if there is a significant change in the circumstances or quarrels of one or both spouses, the spouse may file a request for a change in child custody.

Modification of child custody rights is generally determined by both parents 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, 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 party living with the child has a negative impact on the child's physical and mental health;

3. Minor children over the age of eight 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.

Legal basis: Article 56 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that in any of the following circumstances, if one of the parents requests that the child support relationship be changed, 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 party 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 party who has the ability to support them;

(4) There are other legitimate reasons for the change.

In short, after the divorce, the parents may negotiate a change in the ownership of child custody, and where the parents agree to change the child custody relationship, the people's court should support it. If the change cannot be reached through negotiation, a lawsuit may be filed with the court.

Hello. Custody of children can also be changed after divorce.

At present, there are two ways to change custody, one is negotiation and the other is litigation.

You can negotiate with the other party first, and if you agree, you can sign an agreement to change custody.

If the parties cannot reach an agreement, they can file a lawsuit to change the custody rights. In the following circumstances, the court shall support the modification:

1) The parent who is directly raising the child has a serious illness or is unable to continue raising the child due to disability; Enlightenment.

2) The parent who is directly raising the child does not fulfill his or her obligation to support the child or abuses the child, or the parent who lives with the child will adversely affect the child's physical and mental health;

3) The child is at least 8 years old and willing to live with the other parent, and the other parent is also able to support him;

4) Other justifiable reasons.

Relevant legal provisions] Interpretation of the Marriage and Family Section of the Civil Code (1).

Article 56: In any of the following circumstances, the people's court shall support a parent's request to change the relationship between child support:

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 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 party who has the ability to support them;

4) There is a legitimate reason for him to need to change.

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