Can custody of a child be changed?

Child custody can be changed if certain conditions are met. That is, after the parents divorce, if they reach a consensus on the custody of the child again, they can change the custody on their own, and if the two parties are unable to negotiate, if the direct custody party is sick or abuses the child, or other circumstances that are not suitable for continuing to raise the child, one or both parties may sue to claim the modification of custody, and the court should support it.

[Legal basis].Article 56 of the Supreme People's Court's 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 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;

4) There are other legitimate reasons for the change.

Article 57.

Where both parents agree to modify the child support relationship, the people's court shall support it.

Hello, both parties can agree to change custody first. If there is a dispute over the disagreement on the change of custody, you can file a lawsuit to the court to change the custody rights. According to the laws of our country, in any of the following circumstances, a change in the custody relationship may be requested:

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. If the parent with custody refuses to pay for the child's education and living expenses or beats the child, the other party may also request a change in custody; (3) Minor children over the age of 8 who are willing to live with the other party, and that party has the ability to support them. If the child is at least 8 years old and the other parent is able to raise the child, the change of custody relationship should take into account the child's opinion to ensure that it is conducive to the child's physical and mental health and healthy growth; (4) There are other legitimate reasons that need to be changed.

If the parent has difficulty in receiving a good and continuous education due to a change in employment, the other parent can request a change in the custody relationship. If you have any other questions or need help, you can ask in the comment area or send us a private message.

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

Article 55: After divorce, if one of the parents requests a change in the relationship between child support, or if the child requests an increase in child support, a separate lawsuit shall be filed.

Article 56: In any of the following circumstances, where one of the parents requests a change in the child-rearing 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; 4) There are other legitimate reasons for the change.

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.

Legal Analysis: Custody of children can be changed. At any time after the divorce of the spouses, if there is a significant change in the circumstances or support capacity of one or both spouses, a request for a change in the custody of the niece may be filed.

Legal basis: Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family

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;

4) There are other legitimate reasons for the change.

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

Child custody can be changed, and the change of child custody can be changed by agreement between the parents, or if the other party agrees, it can be changed. If the other party does not agree, the people's court will support it unless the non-direct custodial party has evidence to prove that it is not suitable to continue to raise the child while living with the child.

[Legal basis].Article 56 of the "Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section" has any of the following circumstances, and where one of the parents requests to modify 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;

4) There are other legitimate reasons for the change.

Article 57.

Where both parents agree to modify the child support relationship, the people's court shall support it.

How do I change custody of my child?

After the custody relationship is determined, if there is a major change in the parent's custody conditions, or if the child requests to change the custody status, the two parties may agree to change the custody relationship, and if the agreement is not reached, the people's court will make a judgment based on the interests of the child and the specific circumstances of both parties. There are several circumstances under which a change in the custody relationship may be requested: (1) the guardian has a serious illness that cannot be cured and may affect the child's physical health; (2) The caregiver loses the ability to work, has a major change in economic status, and is unable to raise the child anymore; (3) The guardian has been sentenced for a crime and can no longer bear responsibility for the child's upbringing and education; (4) The moral character of the caregiver is corrupted, affecting the healthy growth of the child; (5) The family situation of the caregiver is not conducive to the healthy growth of the child, such as being discriminated against or abused by the stepparent; (6) The child himself or herself has a legitimate reason to propose a change in the custody relationship.

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.

1. What are the current legal provisions for changing custody rights? After the divorce of both parents, if they want to change the custody of the child, under certain conditions, they can change it according to the actual situation of both parents or the child. According to the relevant provisions of China's Marriage Law, the court deals with the issue of child support in order to benefit the physical and mental health of the child.

It can be negotiated on its own or changed by a court decision.

There are two forms of changing custody of a child, however, changing custody of a child in either way requires the court's approval.

1. Change of agreement between the two parties. If both parents agree to change the child custody relationship, it should be allowed as long as it is conducive to the child's physical and mental health and protects the child's lawful rights and interests, which means that the parents may privately negotiate to change the child's custody and then request the court to change it;

2. One party requests a change by way of litigation. If the negotiation fails, one party can sue for modification.

Either way, changing custody of the child requires the court's approval.

How do I change custody of my child?