How do I change custody of my BB?

At any time after the divorce, a spouse may request a change in the custody of the child if there is a significant change in the circumstances or support capacity of one or both of the spouses. Modification of child custody rights is generally determined by both parties through negotiation, and if an agreement is not reached, the people's court may be requested to make a judgment to modify it through litigation. In any of the following circumstances, the people's courts 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 and who has the ability to support them;

4) There are other legitimate reasons to change.

After the divorce, who should raise the children should be considered from the perspective of being conducive to the healthy growth of the children, and under this premise, the husband and wife can negotiate and determine when they divorce, and if the negotiation fails, the people's court may make a judgment.

Zongheng Legal Network-Guangdong Decheng Law Firm-Guizhu Lawyer.

It can be negotiated, and if the negotiation fails, you can sue to change the custody rights. Just be prepared with the information you said and sue directly.

If the negotiation fails, collect evidence and file a lawsuit with the court to request a change in the custody of the child.

Zongheng Legal Network-Beijing Jia'an Law Firm-Niu Zengke lawyer.

Legal analysis: The right to child support can be changed by agreement or lawsuit. If the negotiation fails, the modification can be made by suing. However, in this case, a statutory change is required, otherwise it is difficult to succeed in the change.

Legal basis: "Several Specific Opinions of the People's Republic of China on the Handling of Child Support Issues in the Trial of Divorce Cases by the People's Courts" Article 17: Where the father and the mother decide through consultation to change the relationship between the child and the child to be purely disturbed, permission shall be given.

Legal Analysis: 1. Changes to the agreement between the parties. If both parents agree to change the child support relationship, as long as it is conducive to the child's physical and mental health and the protection of the child's legitimate rights and interests, it should be granted, that is, the parents can privately negotiate to change the right to raise the child, and then request the court to change it.2 One party may request 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: Article 55 and Article 56 of the Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) In any of the following circumstances, where one of the parents requests to modify 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 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.

Judicial Interpretation of the Civil Code

Article 55: After a divorce, where 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 initiated.

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 a serious illness or disability in his or her hands;

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;

Children who have reached the age of eight are willing to live with the other party, and the party has the ability to support them;

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

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

Hello, you can first try to change custody by agreement with the other party.

If there is a dispute over the change of custody, you can file a lawsuit with the court to change the custody rights.

According to the laws of our country, in any of the following circumstances, a change in the custody relationship may be requested:

1) The parent living with the child is unable to continue raising 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. If the parent with custody refuses to pay for the child's education and living expenses or beats the child, the other party may also request a change in custody;

3) Minor children over the age of 8 who are willing to live with the other party and that party has the ability to support them. If the child is at least 8 years old and the other parent is able to raise the child, the change of custody relationship should take into account the child's opinion to ensure that it is conducive to the child's physical and mental health and healthy growth;

4) There are other legitimate reasons that need to be changed. If the parent has difficulty in receiving a good and continuous education due to a change in employment, the other parent can request a change in the custody relationship.

Legal basis] Interpretation of the Civil Code on Marriage and Family (1).

Article 55: After a divorce, if one of the parents requests a change in the relationship between child support, or if the child requests an increase in child support, he or she shall file a separate lawsuit for damage.

Article 56: In any of the following circumstances, where one of the parents requests a change in the child-rearing 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 party who has the ability to support them; (4) There are other legitimate reasons for the change.

According to the law, custody rights can only be changed under statutory circumstances, the main legal circumstances are: the parent living with the 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; Other.

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

In any of the following circumstances, where one of the parents wants to request 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 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.

Legal Analysis: 1. Changes to the agreement between the parties. If the father and mother agree to change the child custody relationship, it should be allowed as long as it is conducive to the child's physical and mental health and protects the child's lawful rights and interests, which means that the parents can privately negotiate to change the child's custody and then request the court to change it;

2. One party requests a change by way of litigation. If the negotiation fails, one party can sue for modification.

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 rights and obligations 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 in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties. Where children have reached the age of 8, their true wishes shall be respected.

Legal analysis: The changes in child custody are as follows: 1. The two parties can negotiate first and sign a child custody agreement by consensus.

2. If the two parties fail to reach an agreement through negotiation, they may file a lawsuit with the court. (1) One party may bring his or her ID card, evidence and other materials to the court where the ward is located. (2) For those who meet the conditions for filing a lawsuit, the court will file a case.

3) Court trial; (4) The court makes a judgment.

Legal basis: Article 56 of the 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 a change in the child support relationship, the people's court shall lack a ruler to 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 eight 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: The parent raising the child may request a change of custody if the other party has the following circumstances:

1. None of the parties is unable to raise the child or is seriously ill;

2. One party fails to perform the obligation to support the child, causing an adverse impact on the child;

3. Eight-year-old children voluntarily live with each other.

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 modification of the child-rearing 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 maid who has reached the age of 8 and is willing to live with another party who has the ability to support her;

4) There are other legitimate reasons for the need to change the reputation.