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1. The two parties can negotiate and deal with it, and if the ex-husband agrees, both parties sign an agreement, and the custody is transferred to you.
2. Specific analysis:
1).After the divorce, if one or both of the spouses have a major change in their ability to raise children, they may request a change in the custody of their children.
2).Changes in child custody are generally determined by both parties through negotiation.
3).If the agreement is not reached, the people's court can be requested to make a judgment to change the custody of the child through litigation.
4).Custody changes require evidence to prove that it is more beneficial for the child's growth to take care of the child.
5).If the child reaches the age of 18, there is no need for anyone's guardianship and support, so after the child reaches the age of 18, there is no longer the problem of custody change.
Article 16 of the Several Opinions on the Handling of Child Support Issues in Divorce Cases stipulates that if one party requests a change in child custody rights under one of the following conditions, 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 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.
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Generally, children under the age of two years are raised by their mothers, and children over the age of two years are determined according to the parenting ability and conditions of both parties on the premise that it is more conducive to the healthy physical and mental growth of the child. The law stipulates that if one party has a serious illness, drug abuse, domestic violence, child abuse, etc., which is not conducive to the child's physical and mental growth, the other party shall support the change of child custody.
Legal basis: Interpretation (1) 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
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 party living with the child has a negative 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 the friendship and filial piety agreement between the parents and the parents changes the child support relationship, the people's court shall support it.
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Summary. Hello, dear, I am happy to answer for you: the ex-husband wants to change the custody of the child, and I do not agree that he cannot change it successfully.
1.If you do not agree with the change in child custody, you can refuse the change. 2.
Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that if one party lives with a child and is unable to continue to raise the child due to serious illness or disability; 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; Minor children over the age of 10 who are willing to live with another party who has the ability to support them; There are other legitimate reasons for the change.
The ex-husband wants to change the custody of the child, I don't agree that he can change it successfully?
Hello, dear, I am happy to answer for you: the ex-husband wants to change the custody of the child, and I do not agree that he cannot change it successfully. 1.
If you do not agree with the change in child custody, you can refuse the change. 2.The following conditions should be met for a change in child custody:
Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that where one party living with a child is unable to continue to raise the child due to serious illness or disability; A party living with a child who does not fulfill his or her obligation to support the child or abuses the child, or who lives with the child has a detrimental effect on the child's physical and mental health; Minor children over the age of 10 who are willing to live with another party who has the ability to support them; There are other legitimate reasons for the change.
Extended Materials: Legal Basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 56: 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; The party who lives 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) Zi Peiyuan's children who have reached the age of 8 are willing to live with the other party, and that party has the ability to support them; 4) There are other legitimate reasons for the change.
Article 57: Where both parents agree to change the relationship between the two parents, the people's court shall support it. Well. Thank you.
When the time comes, my ex-husband, the court will call ** to ask me, or collect evidence, right?
Dear, yes. You can refuse.
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Summary. Hello dear! The ex-husband wants to change the custody of the child, but he does not agree that he cannot change it successfully.
If you do not agree with the change in child custody, you can refuse the change. Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that if one party living with a child is unable to continue to raise the child due to serious illness or disability, 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.
The ex-husband wants to change the custody of the child, I don't agree that he can change it successfully?
Hello dear! The ex-husband wants to change the custody of the child, but he does not agree that he cannot change it successfully. If you do not agree with the change in child custody, you can refuse the change.
Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that where one party living with a child is unable to continue to raise the child due to serious illness or disability, 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 an adverse impact on the physical and mental health of the child.
Hello, after the divorce, if one party requests to change the child support relationship, if the two parties cannot reach an agreement on this, they should file a separate lawsuit.
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Legal Analysis: If the party who has obtained custody of the child is sentenced to imprisonment and cannot raise the child, it is a valid reason to apply for a change of custody of the child for the party who obtained custody, but it will not be automatically changed, and you need to file a lawsuit.
Legal basis: Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases Heard by the People's Courts" Article 16 Where one party's request to modify the child support relationship falls under any of the following circumstances, it shall be supported. (1) The party living with the daughter of the Zizhou Imperial Guard 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.
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Legal analysis: The custody of the ex-husband's offending child cannot be changed automatically, but it can be sued for modification. Because the ex-husband was sentenced to fixed-term imprisonment and was unable to raise the child, could not fulfill the obligation to support the child, or had an adverse impact on the physical and mental health, it is a legitimate reason to apply for a change in child custody.
Legal basis: Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" Where one party requests a change in the child support relationship in any of the following circumstances, it shall be supported. Bumping state.
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. Since your ex-husband was sentenced to a prison sentence and was unable to support the child, it is a valid reason for you to apply for a change of custody of the child.
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Summary. Hello dear, your ex-husband is in prison, and you need to change custody to raise children. According to Article 16 of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts":
In any of the following circumstances, one party's request to modify the child support relationship shall be supported: (4) there are other legitimate reasons that need to be changed.
My ex-husband is in prison, and I need to change custody to raise the child.
Hello dear, your ex-husband is in prison, and you need to change custody to raise your children. According to Article 16 of the Supreme People's Court's "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts", if one party requests to change the child support relationship under any of the following circumstances, it shall be supported:
(4) There are other legitimate reasons for the change.
The people's court for the place where the plaintiff is domiciled has jurisdiction over the following civil lawsuits in accordance with article 22 of the Civil Procedure Law of the People's Republic of China; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court at the plaintiff's habitual residence has jurisdiction over (1) a lawsuit concerning the identity relationship brought against a person who does not reside within the territory of the People's Republic of China; (2) Litigation related to identity relationships brought against persons whose whereabouts are unknown or who have been declared to be lost; (3) lawsuits brought against persons under re-education through labor; and (4) lawsuits against incarcerated persons.
Hello, you can apply.
If I want to change the location of my hukou after the change, do I need the consent of the other party to move my hukou?
After the change of custody of the child, do I need the consent of the other party to move out?
Why not? Ha that is needed.
You can sue for a change of custody, or you can meet with your husband and write a custody change agreement.
Good. Then you need a power of attorney to move out of the hukou, and you can ask the other party to sign a power of attorney and go to the police station to apply for a change.
There are some places where you can move out without a power of attorney, but only if you are the child's guardian, so it is important to change custody in advance.
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Since the other party has sued the court to request a change in custody, you can directly respond to the lawsuit, and you can present a series of facts in court that the other party has not fulfilled the court judgment in the past two years, and prove that you are capable and willing to raise the child. Custody changes also require very strict conditions.
Article 56 of the Supreme People's Court's Interpretation of the Civil Code of the People's Republic of China on Marriage and Family (1) In any of the following circumstances, where one of the parents requests to change the relationship between child support, the people's court shall support it: (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 has a negative 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.
It feels incredible, and the past scenes appear in front of me, but unfortunately things are wrong.
In fact, for most couples now, when they divorce, one of the troublesome problems they face is how to distribute the joint property of the husband and wife, so at this time they will have contradictions because of some things, so some people will have such doubts, that is, after the divorce of the husband and wife, the house belongs to the man, or the custody also belongs to the man? So does the child have residency? For some problems, in my personal opinion, of course, there is, and the man also has the obligation to raise the child, let's learn more about it. >>>More
The best thing to do is not to contact the ex-wife and children privately, let the woman know about everything related to them, if you transfer the maintenance expenses regularly, you can let the girlfriend participate in the responsibility, you can also make an appointment to exercise the right to visit, inform the girlfriend in advance, and do not meet with the ex-wife alone. If your girlfriend doesn't like it, try to see each other as little as possible.
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. >>>More
It depends on how old the child is, if it is still breastfeeding, then it will be awarded to the woman, if the child is not breastfeeding, it depends on who the child is more favorable to follow the parents.