If you are divorced and write an agreement, can you still take custody?

After the divorce, if one party requests to change the child support relationship, the two parties may negotiate to handle it, and if the negotiation fails, they may file a lawsuit in the court.

Legal analysis: custody can still be fought for after divorce by agreement. After the divorce of the couple, the children are raised by one of the spouses.

After a period of time, one or both parties want to change custody of the child. If both parties want to change custody of the child, the parents of the child can negotiate and reach an agreement to change the custody of the child. If one party wants to change the custody of the child, he or she may file a 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" 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; (2) The party living with the child does not fulfill the care of the prosthetic limb 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.

Legal analysis: After the divorce of both parents, under certain conditions, it can be changed according to the actual situation of the parents or the children. This is a change in custody of the child.

Those who cannot continue to support them due to serious illness or disability. The illness or disability of one party will inevitably affect the education and care of the child. From the perspective of the child's growth, it is not a question of "how to change custody", but a question of changing the custody of the child.

The party cohabiting with the child does not perform guardianship duties or has abusive behavior, or cohabitation with the child has a negative impact on his or her physical and mental health. Some parents fight for custody when they divorce, not to create better living conditions for their children, but only to divide property or take revenge.

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

Article 1084:The relationship between parents and children is not extinguished because the parents divorce Li Chang. 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 1085? After the divorce, if the 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 fails to disrupt the sails, 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.

After the divorce by agreement, it is also possible to fight for custody. After the divorce of the couple, the children are raised by one of the spouses. After a period of time, one or both parties want to change custody of the child.

If both parties want to change custody of the child, the parents of the child can negotiate an agreement to change the custody of the child. If one party wants to change the custody of the child, he or she may file a lawsuit with the people's court. "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" Article 56: In any of the following circumstances, where one of the parents requests to change the child-rearing 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 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 the other party, and the party who is the right person to talk to has the ability to support them; (4) There are other legitimate reasons for the change.

Summary. Hello, happy to answer your <>

OK. If both parties agree to change the custody of the child, both parties can sign a change agreement, indicating the fact of the change, and the signature of both parties is valid, and there is no need to go to court to sue for the change. OK.

If both parties agree to change the custody of the child, both parties can sign a change agreement, indicating the fact of the change, and the signature of both parties is valid, and there is no need to go to court to sue for the change.

Can I still fight for custody after a divorce by agreement?

Hello, happy to answer your <>

OK. If both parties agree to change the custody of the child, both parties can sign a change agreement, indicating the fact of the change, and the signature of both parties is valid, and there is no need to go to the court to sue for the change. OK.

If both parties agree to change the child's right to raise the child, the two parties can sign a change agreement, indicating the fact of the change, and the signature of both parties will be valid, and there is no need to go to the court to sue for change.

Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts"16. Where one party requests to change the child support relationship in any of the following circumstances, it shall be supported: (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 negative impact on the child's physical and mental health; (3) A minor child over the age of 10 who is willing to live with another party and who has the ability to support him; (4) There are other legitimate reasons for the change.

You can also fight for custody after a divorce by mutual agreement. After the husband and wife divorce by mutual agreement, the party who does not enjoy the custody of the children shall, in accordance with the law, strive for the custody of the children through litigation. If one of the circumstances provided for in the relevant judicial interpretations issued by the Supreme People's Court on the application of the marriage and family section of the Civil Code provides for a parent's request to change the child support relationship, the people's court may support it.

The statutory circumstances include: 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 eight is willing to live with another party who has the ability to support him; 4. There are other legitimate reasons for the change.

[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 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 party who has the ability to support them;

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