I want a divorce and I want custody of my children back

If you are sure that you want a divorce, the issue of child support can be resolved through negotiation, even if the negotiation fails, and you need to file a divorce, your request is reasonable, and according to what you said, he should not have any financial strength, and you can get more support from the court.

Article 36 of the Marriage Law: "The relationship between parents and children shall not be extinguished by the divorce of the 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 divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties. ”

Several Specific Opinions of the People's Courts on Handling the Issue of Child Support in Divorce Cases"6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

You can get custody of your child!

According to the provisions of the Marriage Law, the custody of children is mainly determined by the living conditions of both men and women who are conducive to the growth of the children, and in judicial practice, the custody of minor children is generally awarded to the mother.

As long as you can have sufficient evidence at the time of divorce to prove that your living conditions and circumstances are favorable to the growth of the children, and your husband's environment is obviously not conducive to the growth of the children, the court will award custody of the children to you.

It's hard to say, unless your husband is willing to give up custody automatically.

Legal analysis: It depends on whether the other party agrees or not. If you do not agree, you will need to file a lawsuit. After the divorce of the husband and wife, if one party requests to change the custody of the child, the child custody will be obtained under 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 blind girl of the child group has a negative impact on the child's physical and mental health;

3) Minor children over the age of 8 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

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 party living with the children is unable to continue to raise the children 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 son or eldest daughter who has reached the age of 8 and is willing to live with another party who has the ability to support him;

4) There are other legitimate reasons for the change.

Legal analysis: According to the relevant laws and regulations of our country, for the issue of wanting to return the custody of the child after divorce, the parties can negotiate, and if the negotiation fails, they can file a civil lawsuit with the people's court.

Legal basis: 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: Where, after a divorce, 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 filed.

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

Legal Analysis: There are two forms of changing the custody of a child, however, no matter which way the custody of the child is changed, the court's approval is required.

1. Change of agreement between the two parties. If the parents agree to change the child custody relationship, it should be allowed only if it is conducive to the physical and mental health of the child and protects the legitimate rights and interests of the child, that is, the parents can privately negotiate to change the custody of the child, and then request the court to change it.2 One party requests the 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.

Legal basis: "Civil Code of the People's Republic of China".

Article 1084:The relationship between parents and children is not extinguished by the divorce of the 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.

Article 1,000 and 85 After marriage, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

According to the relevant laws and regulations, there are two ways to change the custody of the child: 1. If both parents are willing to change the custody right, they can enter into an agreement to change the custody of the child by themselves; 2. If one of the parents does not agree to change the custody rights, the other party must sue for the change, but it is necessary to find evidence to prove that the current situation belongs to the statutory circumstances that can change the custody rights. The relevant judicial interpretations stipulate that the statutory circumstances for changing custody rights include:

If the parent who originally had custody is now suffering from a serious illness, is disabled, has not fulfilled his or her obligation to support the child, or has abused the child, has expressed his or her willingness to change the child over the age of 8 and the parent has the ability to support the child, and other legitimate reasons. The party who wants to change custody should find a way to find evidence to prove one of the above circumstances, and then bring the complaint, ID card, household registration book, divorce agreement or divorce mediation document, and divorce banquet and marriage judgment to the people's court to file a lawsuit.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts

16. In any of the following circumstances, one party's request to change the child support relationship 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 another party who has the ability to raise him;

4) There are other legitimate reasons to change.

17. Where both parents agree to change the relationship between the children and the child, it shall be permitted.

You can file a lawsuit with the court to change the child support relationship. If you raise a child than a woman, it is more beneficial to the child's growth, and the court will definitely support you and rule in favor of you.

If the child has been awarded to one party or the agreement has been agreed upon by one party, there are two ways to change custody:

1. The two parties reach a consensus through negotiation and sign a custody agreement, which generally takes effect after signing.

2. If the two parties cannot reach an agreement, one party may file a lawsuit with the court to request a change in custody. The main legal basis for the court's decision on whether to grant the change of custody is the above provisions, and the plaintiff should pay attention to preparing relevant evidence and comply with the provisions of the law, so that the court may issue a judgment on the modification of custody.

In the case of a court lawsuit to modify custody, the child's custody relationship may be changed under the following circumstances:

First, the parent living with the child is unable to continue to raise the child due to serious illness or disability;

Second, 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;

Third, a minor child over the age of 8 who is willing to live with the other parent who has the ability to support him.

Fourth, there are other legitimate reasons to change the band roll.

What should we do to fight for custody? I'm here to give you some advice.

First of all, collect the medical records of the other party's serious illness or disability, and if necessary, apply to the court or have a lawyer go to the hospital for investigation and verification.

Second, collect evidence that the other party has not fulfilled its obligation to support them. If there is a situation where the other party abuses the child, you can report it to the Women's Federation, street, public security and other departments, and fix the evidence of the concluding opinions handled by the above-mentioned departments and the evidence of the child's injury, so as to change the custody relationship.

For children over the age of eight, you should do a good job of ideological communication with the child, as long as the child is willing to follow you, and you have the ability to support you, you can apply for a change in the custody relationship.

Custody disputes are negotiated first, if the negotiation fails, only litigation is resolved, it is recommended that you entrust a lawyer in time**, otherwise it will be more troublesome in the future! If you need to entrust **, you can contact this lawyer (Rong County|Self-slippery tribute|Chengdu Lu Kai|Sichuan|Chinese lawyer) contact, our lawyer for you to strive for the greatest trust of the macro interests. If you are in a hurry, you can call ** to consult this lawyer (24 years of legal work experience, worked in the Commission for Discipline Inspection, the Supervision Bureau, and has been engaged in civil service work in state organs for 30 years).

Legal Analysis: Changing child custody after divorce can be changed by agreement or lawsuit. If the husband and wife fail to negotiate a change in the right to raise a child, and the current party fails to perform the obligation to support the child, abuses the child, or has a situation that is detrimental to the physical and mental health of the child, a separate lawsuit may be filed to modify the custody right.

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

Article 15. After the divorce, if one party requests a change in the child support relationship, or if the child requests an increase in child support, a separate lawsuit shall be filed.

Article 16. In any of the following circumstances, one party's request to change the child support relationship 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 another party and who has the ability to support them;

4) There are other legitimate reasons to change.