After the age of the child, the guardianship can be changed on a voluntary basis

Eight-year-old children have the ability to discern, and at this time, guardianship can be changed according to the child's wishes, and one party requests to change the child's custody relationship and has the ability to raise the child, and the child is willing to live with him, should be supported. Legal basis: Where one party to the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" requests to modify the child support relationship in any of the following circumstances, it should 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 eight who are willing to live with another party and who has the ability to support them; Now the General Principles of the Civil Law has been changed to eight years old. (4) There are other legitimate reasons for the change.

The owner of the guardianship is generally his own parents, and this guardian can be a parent or someone else, but it must be beneficial to the child, and there is no guardian when the child becomes an adult.

A 10-year-old child has the ability to discern, and at this time, the guardianship can be changed according to the child's wishes, and if one party requests to change the child support relationship in any of the following circumstances, it should 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 for the change.

Legal analysis: A ten-year-old child has the ability to discern, and at this time, the guardianship can be changed according to the child's wishes, and if one party requests to change the child support relationship in any of the following circumstances, it should be supported. Where one of the spouses living with the children is unable to continue raising the children due to serious illness or disability.

Children who are minors over the age of 10 are willing to live with the other party, and the other party has the ability to support them.

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 Law Song Shu Yuan 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 the other party, and the other party has the ability to support them;

4) There are other legitimate reasons for the change.

Legal Analysis: Eight-year-old children have the ability to discern, at this time the guardianship can be changed according to the child's wishes, and one party requests to change the child custody relationship and has the ability to raise children, and the child is willing to live with him, should be supported.

Legal basis: "Zhikong of the Civil Code of the People's Republic of China" Article 27 Parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other organizations of individuals or grandchildren who are willing to serve as guardians, but must obtain the consent of the residents' committee, villagers' committee, or people's government department for the minor's residence.

According to the provisions of the "Civil Code of the People's Republic of China", a child who is one year old in the eighth middle school has the ability to discern, and at this time, the guardianship can be changed according to the child's wishes. Article 27 of the Civil Code provides that parents are the guardians of their minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents; 2) brother and sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Here, the judicial interpretation of the Supreme Court provides for a total of four situations for the statutory circumstances that can be changed: 1Where one of the spouses living with the children is unable to continue raising the children due to serious illness or disability.

Party 1Where one of the spouses living with the children is unable to continue raising the children due to serious illness or disability. If one party is sick or disabled, it will inevitably affect the education and care of the child, and from the perspective of the child's growth, it is not "how to change custody?"

Rather, it is necessary to change the custody of the child. 2.or if the party living with the child does not fulfill the maintenance obligation or is abusive, or the party is living with the child2

The party living with the child does not fulfill the obligation to support the child or has abusive behavior, or the party living with the child has an adverse impact on the child's 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 to achieve the purpose of revenge. Once the goal is achieved, they ignore the children, do not fulfill their own support obligations, and some even beat and abuse the children.

In this case, how do I change custody? The other parent who is concerned about the child's upbringing can request a change in custody of the divorced child. However, a change in custody does not require a redivision of the original joint property.

3.Minor children over the age of 10 who are willing to live with the other parent. Minors over the age of 10 fall under 3

Minor children over the age of 10 who are willing to live with the other parent. 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. 4.There are other legitimate reasons that need to be changed.

This is a catch-all clause, and the social reality is complex and is also in 4There are other legitimate reasons that need to be changed. For those issues that cannot be considered when formulating judicial interpretations, judicial interpretations give judges a certain amount of discretion, here, how to change custody?

The judge can judge whether the child custody should be changed according to his subjective understanding of the objective situation.

Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts.

16. 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 for the change.