What are the procedures required to change custody?

1. As long as both parties have reached an agreement on the change of custody, oral or written changes are protected by law;

2. If one party does not agree to change the custody rights, he shall file a lawsuit with the court to request the change;

3. When hearing divorce cases, the people's courts will properly resolve the issue of child support in accordance with Articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant laws and regulations, starting from the interests of the children's physical and mental health, protecting the legitimate rights and interests of the children, and taking into account the specific circumstances of both parents and their ability to raise children.

4. Legal basis: Article 16 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts" Article 16 Where one party requests to modify the child support relationship in any of the following circumstances, it 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 to change.

There are generally the following circumstances for changing custody rights: 1. The maintenance conditions of the party living with the child have deteriorated and he is unable to continue to support him. 2. The other party has good support conditions and expresses willingness to support them.

3. The party living with the child abuses the child, or the relationship with the child deteriorates, and the child is unwilling to live with the child.

If both parties agree to change the custody rights, they can change it by notarizing the custody change agreement; If one party does not agree to the change, it may file a lawsuit with the court to change the custody rights, and the court will decide whether to change the custody rights.

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

The relationship between parents and children 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.

First of all, it is necessary for the parties to agree on the change of custody and go to the notary office for notarization.

Due to the strong personal nature of the notarization, both applicants must be present in person, and if the child is over 10 years old, the child himself must be asked.

In addition, it is also necessary to submit the applicant's ID card, household registration book, divorce certificate, divorce agreement, medical certificate of the child's birth, and the draft custody change agreement and other supporting materials.

1. How much does it cost for a notary office to notarize child custody.

To change custody, both parties need to sign a new agreement, and the agreement is valid as long as it is the true expression of the intention of both parties and does not violate the mandatory provisions of laws and administrative regulations. Notarization is not a mandatory procedure. Of course, you can also choose notarization, and you need to consult the notary office for specific fees.

The custody of the child is a non-property civil agreement, and the fee for proving the non-property civil agreement such as a maintenance agreement, a maintenance agreement, a change of custody agreement, etc., is 100 yuan per piece. Therefore, the fee for notarization custody change is 100 yuan per piece.

2. Whether it is possible to sue if alimony is not paid.

You can sue if you don't pay alimony.

1. When the parents fail to fulfill the obligation to support them, the children who are minors or cannot live independently have the right to demand that the parents pay child support.

2. If it is difficult for the child to sue in person, the father or mother may sue the other party in the name of the child to demand the payment of child support.

3. If one party still refuses to pay after the court has made a judgment, it may apply to the court for compulsory enforcement.

The formalities required to change custody are as follows:

1. Both parties agree to change the custody after the transfer, and the change is more conducive to the child's life, and the two parties sign an agreement to change the custody right;

2. If both parties choose to notarize, they can prepare the materials required for changing custody to notarize the custody agreement;

3. If both parents agree to change the child support relationship, they may also not be notarized.

3. Does a child's birth certificate be required for just custody?

Under normal circumstances, when the husband and wife notarize custody, they need to provide the child's birth certificate. The following materials are usually required for notarization of custody: identity documents of both parties, household register, marriage certificate, divorce certificate, divorce agreement, judgment and mediation document or proof of the validity of legal documents, children's identity documents, and birth medical certificates; If the child is born out of wedlock, a paternity test report is required; Text of the Agreement.

Article 16 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts provides that a party's request to modify the child support relationship in any of the following circumstances 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 to change.

Legal analysis: If both parties agree to change the custody rights, and the change is conducive to the child's life, it can be changed by notarizing the custody change agreement. When applying for this notarization, both parties must submit the following materials:

1) ID card, household registration booklet, divorce certificate, divorce agreement of both applicants; (2) Child's household registration booklet and birth certificate; (3) Drafted custody change agreement.

Modification of child custody rights is generally agreed upon by both parties through negotiation, and if the negotiation fails, the people's court may be requested to rule on the modification through litigation. In any of the following circumstances, the people's court shall support the modification of the child's support relationship: (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) 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 basis: "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" Article 56: In the following circumstances, where one of the parents requests to change the relationship between child support, 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 lacks the key to abuse 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.

The procedures for changing custody rights are: notarization of the custody change agreement.

The documents that need to be submitted are:

1.Change of custody agreement;

2.ID cards, household registration booklets, divorce certificates, divorce agreement or divorce judgment of both applicants.

3.Child's ID card and family register.

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

Article 16. If one party wants to change the child support relationship in any of the following circumstances, it 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 to change.