After the divorce, the child belongs to the man, but the child is not doing well now, how should he

The court usually proceeds from the physical and mental health of the child, first ruling that one party should take care of the child, and after the divorce case is heard, the court will formally rule that the child should be raised by the father or mother.

The principles of the court's hearing of the custody of the children after the divorce of the husband and wife are as follows:

1) Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, they may live with their fathers: Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the children to live with them; For other reasons, the child is unable to live with the mother.

2) For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in any of the following circumstances: Sterilization or loss of fertility due to other reasons; The child has lived with him for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; If there are no other children, and the other parent has other children; It is not appropriate for the other party to live with the child because it is beneficial to the child's growth, but the other party suffers from an incurable infectious disease or other serious disease, or has other circumstances that are not conducive to the child's physical and mental health.

3) In the event of a dispute between the parents over the age of 10 over the age of 10 over the existence of a minor child living with the parent, the child's opinion shall be taken into account.

4) On the premise that it is conducive to protecting the interests of the child, where both parents agree to take turns raising the child, it is generally permitted.

As far as you say, it depends on the age of the child, if the child is over 10 years old, there is no problem, it is recommended to negotiate and deal with it, and if the negotiation fails, you can file a lawsuit.

Hello, you can sue for a change of custody by you.

1. Settlement through negotiation.

You can negotiate with the husband to change the custody rights. If the husband agrees to the change, an agreement (in duplicate) is signed that the child's custody schedule will be changed to the woman, and the husband will pay child support.

[Legal basis].Article 17 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that if both parents agree to change the child support relationship, it shall be permitted.

2. Litigation Settlement.

If, after negotiation with the man, the man does not agree to the change, he needs to file a dispute over the change of custody relationship and claim that the custody of the child belongs to him. In the lawsuit, it is necessary to submit evidence that the husband is not conducive to raising the child and evidence that it is more favorable for him to raise the child himself. If your child is over 8 years old (previously the law was 10 years old), your child's opinion is crucial and if your child is willing to live with you, you will most likely win the case.

[Legal basis].Article 16 of the "Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts" stipulates that a party's request to change the child support relationship shall be supported under any of 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 to change.

Legal analysis: The standard of maintenance fee is negotiated by both parties, and if the negotiation fails, it can be sued to settle it. According to the regulations, after the divorce of the two parties, the party who has not obtained custody must pay the child support expenses in accordance with the law, has the right to visit the children, and the other party has the obligation to assist.

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

Article 1085:After divorce, 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 reasonable demands to either of the brothers' parents in excess of the amount originally set in the agreement or judgment when necessary.

Article 1086:After a divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment. Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the visit in accordance with law; Visits shall be resumed after the reason for the suspension has disappeared.

After it has been determined through an agreement or judgment which parent will directly raise the child, if the other party has a legitimate reason, he or she may request a change in the custody relationship.

Article 56 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Law of the People's Republic of China stipulates the form of a relationship that can be supported: One of the spouses living with the children is unable to continue to raise the children 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 8 who are willing to live with another party and who has the ability to support them; There are other legitimate reasons for the change.

Summary. Hello dear, happy to answer your <>

According to your problem, the results of the analysis from a legal perspective are as follows: Dear, when the child custody belongs to the man, you can first negotiate with the other party to change the custody and ask for the child custody.

How can the custody of the child belong to the man in the event of divorce.

Hello dear, happy to answer your <>

According to your problem, the results of the analysis for you from a legal perspective are as follows: dear, when the custody of the child is divorced, the custody of the child is returned to the male filial piety, and you can first negotiate with the other party on the change of custody, pretending to ask for the custody of the child.

Legal analysis: After the divorce, if the spouse who has not obtained custody wants to get back custody, he can negotiate with the other party on changing custody first, or file a lawsuit with the court to request a change of custody. If both parties agree to change the child support relationship, it should be allowed as long as it is conducive to the physical and mental health of the children and the protection of the legitimate rights and interests of the children.

The court decides that custody is generally based on the principle of being conducive to the growth of the children, mainly considering the following factors: the education of the husband and wife, work, income, age, family environment, age of the children, etc. Children under the age of two generally live with their mothers.

If both parents have a dispute over a minor child over the age of eight who is born with his father or mother, the child's opinion should be taken into account.

Legal basis: Article 56 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China: 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 obligation to support the child or has mistreated 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 is willing to live in a cluster with the other party, and the other party has the ability to support them; (4) There are other legitimate reasons for the change.