Can a child change custody if the parents are divorced?

If you are a minor (under the age of 18), you can request a change of custody, but it must be raised in the name of your mother. At the same time, if you are over 10 years old, the court will take your opinion into account.

If the husband and wife meet the statutory circumstances after the divorce, the custody of the children may be modified. In any of the following circumstances, one party's request to change the child support relationship shall be supported. 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; Wait.

Can custody of children be changed after divorce? After the divorce of the husband and wife, if there is a major change in the circumstances or ability of either party to raise children, they may propose to change the child support.

Talk to your parents.

Legal Analysis: Child custody can be changed after divorce. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) Living with a child, one of the parties is unable to continue to raise the child due to serious illness or disability; (2) A minor child over the age of 10 who is willing to live with another party and who has the ability to support him; Wait a minute.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

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 a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal Analysis: Yes. It is possible to claim a change of custody in the following circumstances:

1) Living with a child, one of the parties 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 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 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.

Custody rights can be changed after the parents divorce. If the husband and wife can reach a consensus on the modification of custody, it shall be implemented in accordance with the negotiation between the two parties. If the two parties cannot reach a consensus through consultation, they may file a lawsuit with the people's court, and the people's court will make a judgment in accordance with law.

[Legal basis].

Article 1084 of the Civil Code of the People's Republic of China.

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 Law Court shall 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 56 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

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 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 him;

4) There are other legitimate reasons for the change.

Custody of children can be changed after divorce. The circumstances of changing the custody of a child as prescribed by law include: 1. One of the parents has committed abuse or violence against the child, seriously endangering the child's physical and mental health; 2. The parent raising the child is unable to perform the obligation to support the child due to disability, serious injury, etc.; 3. Children who have reached the age of eight agree to the change of custody according to their own wishes.

Custody can be changed through negotiation or litigation.

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 to change 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 their 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.

No need to change it.

Article 36 of the Marriage Law.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

Since there are rights and obligations between parents and children, there is naturally the right of inheritance.

Can custody of children be changed after divorce? After the divorce of the husband and wife, if there is a major change in the situation or ability of any party to raise children, they can propose to raise their children more wantonly.