How to get back custody of the child in this way 15

To fight for custody in the event of divorce, the following conditions are required:1The materials that prove the economic ability of both husband and wife, such as salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., can provide a good living and learning environment for the children, which is very beneficial to the fight for child custody.

2.Materials proving the comprehensive quality of both husband and wife, the moral character, interpersonal relationship, education level, values and other characteristics of the caregiver will have a great impact on the character of the minor child, and provide some evidence to show their own quality as much as possible, such as academic degree certificates, various honors obtained, proof of participation in volunteer work and blood donation activities, etc. 3.

On the one hand, the materials proving the child's raising environment are, on the one hand, the living situation, such as one party's real estate with a good degree and a mature living community, which is more conducive to the child's life and schooling, and the chance of obtaining custody is greater; On the other hand, there is the situation of family members, the pace of urban life is fast, and in many cases, it is often the grandparents and maternal grandparents of the children who really take care of the children, especially for preschool children, and the healthy elderly are willing to take care of the children, which will be more beneficial to the fight for custody. 4.Children's opinions.

When dealing with custody issues, the court will carefully listen to the opinions of children over the age of 10, and it is particularly important to form an intimate relationship with the children in their daily life and win the wishes of the children. These are just some of the key factors in fighting for custody, and the specifics still need to be judged on a case-by-case basis. Divorce lawyers will find Guanling Law Firm.

1. How to get back the custody of the child.

In the event of a divorce, after the custody of the child is awarded to the other party, if the other party has a situation that is detrimental to the child's growth in the future, the other party can request a change in the custody of the child. Where one party requests a modification of child custody rights, and one of the following conditions is met, 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 has abusive behavior, or the other child living together has an adverse 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.

Minors over the age of 10 are persons with limited capacity and may engage in civil activities related to their age. When parents divorce, the opinions of the children shall be heard on the ownership of custody of children over the age of 10. If the child is under the age of 10 at the time of divorce, and after a few years, after the age of 10, if the child clearly expresses his willingness to live with the other party, he can apply for a change in the custody of the child in the divorce.

There are other legitimate reasons for the dust tomb to be changed.

2. Legal basis:

Article 16 of the Specific Opinions on the Handling of Child Support Issues by Parties' Parties, Parties, and Relatives in the Trial of Divorce Cases.

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.

Legal Analysis: Can be negotiated and prosecuted. After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

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.

If both parties agree to change the custody of the child, and the change is beneficial to the child's life, it can be changed by notarizing the custody agreement; If the parties to the litigation do not reach an agreement on the modification of custody rights, and the statutory requirements are met, a lawsuit for modification of custody rights may be filed with a court of competent jurisdiction.

[Legal basis].Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Chapter.

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 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 change the child support relationship, the people's court shall uphold the support letter.

One: Try to get the judge to think that you are more suitable than your spouse to continue to raise the children.

1: Fight to mark the hardware facilities.

Hoard. Property.

and whether the child will have a stepfather or stepmother in the future, and whether the stepparent will have a negative impact on the child's physical and mental health.

2: Emotionally.

Do you have subjective, unaffected feelings to continue raising your children?

Two: Try to get the judge to decide that your spouse is not qualified to continue raising the children.

Same as above. It's OK to do it the other way around

Three: Try to let your child have the right to make their own choices.

Choose you as the guardian (this is the main thing).

4. Bribery of judges.

The above four. As long as you can do two.

Generally speaking. There is nothing wrong with the custody of the child.

In particular, Article 3.