The child was awarded to the man at the time of the divorce, can he still get it back?

It is believed that since the court directly awarded the child to the man at the time of divorce, it means that the woman does not have the conditions or ability to support the child, and now if she wants to give the child back, the court will change it again unless there are the following special circumstances.

1. The man is seriously ill and unable to raise the child.

According to the laws of our country, after the divorce, if the child has been living with the man before, and now the woman wants to get back the custody of the child, she needs to go to the court to apply for a change of custody. However, only if the man is seriously ill and unable to raise the child, will the woman obtain the consent of the court to grant the change. Because the court also needs to assess whether the woman has the relevant ability to support her, if not, the court will comprehensively evaluate the judgment.

Give one of the parties or re-determine custody of the child.

2. The South does not care about the child, and can get the child back if he does not fulfill the obligation to support him.

If the husband does not fulfill his obligation to support the child or ignores it during the period of raising the child, it will affect the basic life of the child. At this time, the woman has the right to apply to the court for a change of custody, and the success rate is very high. Because the man has not fulfilled his responsibilities and obligations to raise the child, it means that the child is not suitable to live with the man, and it is much easier for the woman to apply for a change of custody at this time.

3. If a child over the age of 10 is willing to live with the woman, the custody can be successfully changed.

In divorce cases, generally children over the age of 10 have the ability to think independently, the court will fully respect their wishes, if the child is willing to live with the woman, then the success rate of the woman's application for change of custody will also be high, this situation mainly depends on the child's wishes.

To sum up, the above are the three specific situations that may require the custody of the child back. In fact, in fact, if the woman wants to return the custody of the child, she first needs to meet the relevant basic conditions, that is, she has the basic ability to raise the child. I don't know what your opinion on this topic is?

If you don't come back, it won't be the other party who is willing to give, and in this case, you should also make a choice according to the court's judgment, otherwise there may be some other problems, so in this case, you can't easily have children with the other party.

You can have a good talk with the man, if the man has no opinion, he can ask for it back, and if the man's opinion is bigger, he still needs to appeal.

Personally, I feel that I can't get it back, because the child court awarded the man at the time of divorce, and you have no right to get it back.

No more. Because it's a court sentence, you can't ask for it back.

After the divorce, the children belong to the man, and the woman can get them back. If the husband is unable to continue to raise the child due to serious illness or disability, does not fulfill his obligation to support the child, or has abused the child, or if his life with the child has a negative impact on the child's physical and mental health, the custody can be changed, and the custody of a minor child over the age of 10 who voluntarily lives with the woman can also change the custody right.

1. The process of suing a parent for non-payment of child support is as follows:

1. Write a complaint in the name of the child;

2. The complaint needs to state the identity information, claims, facts and reasons of the plaintiff and the defendant;

3. Go to the local people's court's case filing office to wait for the case to be filed;

4. Prepare relevant evidence, such as a divorce agreement or divorce judgment. Waiting for the trial and court judgment, if the parents do not enforce it, they can request the people's court to enforce it.

2. After the husband and wife agree to divorce, the child support can be paid according to the following standards:

1. For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

2. If there is no fixed income, the amount of child support allowance can be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion.

3. If there are special circumstances, the above proportion can be appropriately increased or decreased.

Legal basisCivil 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 a reasonable demand to either parent in excess of the amount originally set forth 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.

Legal analysis: After the divorce, the child is given to the man, and the woman can also ask for it back. Both men and women can negotiate first.

Where, after both parents reach a consensus through consultation, it is beneficial to the children's physical and psychological health and the protection of the children's lawful rights and interests, the people's court shall approve it. If the two parties fail to reach an agreement, the woman may file a lawsuit in the people's court to request a change.

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.

Legal Analysis: After a divorce, you can ask for child custody back.

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 if one party requests to modify the child support relationship in any of the following circumstances, it shall be supported.

1) Living with the 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 who lives 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 the slag trembling block. 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.

Yes. At any time after the divorce, if the circumstances of one or both spouses lead to a significant change in the ability to support the child, a request for a change in child custody may be filed. If the agreement is not reached, the people's court may be requested to make a judgment to change the child through litigation, but the corresponding evidence must be submitted to prove it.

Legal basis: Article 16 of the Several Opinions on the Handling of Child Support Issues in Divorce Cases stipulates that if one party requests a change in child custody under one of the following conditions, 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 has abusive behavior, or the party living with the child has an adverse impact on the child's physical and mental health.

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.

4.There are other legitimate reasons that need to be changed. According to the above provisions, as long as any of the above conditions are met, you can apply to the people's court for modification of custody.

The following measures can be taken to fight for the custody of the child: 1. Prove that the basic conditions such as cultural literacy and economic conditions are better than those of the defeated opponent, and the child can grow up more healthily with his own life. 2. Prove that the other party has bad habits, which is not conducive to the healthy growth of the child.

3. Proof that you have been sterilized or cannot have children for other reasons. 4. Prove that the child has been living with him for a long time, and changing the living environment is not conducive to the child's development.

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

The relationship between the father and the mother and the child is not extinguished by the divorce of the 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.

Summary. Hello dear, glad to answer your <>

After the divorce, the child is awarded to the husband and can be returned. From a legal point of view: custody given to the man can be returned, the woman can negotiate with the man first, if the negotiation fails, you can file a lawsuit with the people's court, if the man has one of the following circumstances, the court will allow the change of custody relationship:

1. Unable to continue to raise children due to serious illness or disability; 2. Failure to fulfill the obligation to support the child or abuse the child, or the fact that living with the child has an adverse impact on the child's physical and mental health; 3. Children who have reached the age of 8 and are 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.

Can the child be awarded to the man after the divorce and ask for it back?

Hello dear, glad to answer your <>

After the divorce, the child is awarded to the husband and can be returned. From the perspective of legal protection: the custody is given to the man can be returned, the woman can negotiate with the man first, and if the negotiation fails, she can file a lawsuit with the People's Court of Legal Knowledge, and if the man has one of the following circumstances, the court will allow the change of custody relationship:

1. Unable to raise children due to serious illness or disability; 2. Failure to fulfill the obligation to support the child or abuse the child, or the fact that living with the child has an adverse impact on the child's physical and mental health; 3. Children who have reached the age of 8 and are 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 basis: 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 provides that 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 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.

Article 57 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 provides that where both parents agree to change the child support relationship, the people's court shall support it.

Because when we divorced, the child was unaware that the child had reached the age of 18, and now he is unwilling to follow his father and mother, what should he do?

You may first negotiate with the man, and if the negotiation fails, you may file a lawsuit with the people's court.

Have you tried negotiating?

It has been negotiated, and now my ex-husband agrees that my son is with me.

What do I need to do?

Oh, we've been divorced for over three years, and now the kids are going to follow me.

Just agree.

Is it done at the Civil Affairs Bureau?

Yes, there is also a follow-up to keep the child under your account.