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Negotiation and signing of the agreement are sufficient.
Refer to the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts 15After the divorce, if one party requests a change in the child support relationship, or if the child requests an increase in child support, a separate lawsuit shall be filed.
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 to change.
17.Where both parents agree to change the child support relationship, it shall be permitted.
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1. You can agree to change custody rights, sign an agreement, and do not need to go through any other formalities;
2. If the agreement is not reached, you should file a lawsuit in the court to request a change in custody.
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You can go to the court to apply for a change in the custody of the child, and then you can give the custody of the child to the man.
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If the husband sues for a change of custody, the court cannot support it unless there is a good reason, and you can actively respond to the lawsuit.
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If you divorce by agreement, of course, you can also negotiate between the two to change the original agreement, without legal formalities, sign another agreement, and the two can reach an agreement.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
The parties can directly enter into an agreement to change custody. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.
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Since the divorce is agreed upon, it is enough to sign another agreement.
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Wishing you a happy and prosperous New Year.
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You should go to the court to change it.
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If you can apply to the court for a heavy judgment, it depends on which of the two parties is more qualified.
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If the husband wants to change the custody of the child, he should first negotiate with the woman to resolve it. To apply for a change of custody of the child, a lawsuit must be filed with the court, and the custody of the child cannot be changed at will without litigation, and there must be sufficient reasons, such as the parent raising the child has a physical problem, such as suffering from a more serious illness or injury that makes the guardian unable to continue to raise the child. At present, the child is raised by the woman, and the guardianship and guardian are both the woman.
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Now that the child has belonged to the woman, the man has no rights. At most, nominally the child's biological father.
If the child is less than three years old, it will be awarded to the woman, regardless of the man's situation. Because, only mothers can raise young children, and it is difficult for men to do this!
But when the child grows up and is no longer a toddler, the divorce of the parents depends on how the court decides. Economic conditions are the first factorIf either party does not have the ability to support the child, the child is very likely to be awardedThe strong side.
Special conditionsThe sentence may be reversed, for example, if one party lacks labor and there is no one in the family.
Therefore, if the husband wants to have custody, he can only get it before the child is incapacitated. As a guardian, it is a general category, and both parties can be.
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If the custody of the child belongs to the mother, then the father is still the legal guardian of the child, and the mother is not qualified to deprive the child of the guardianship of the father under the condition that the father normally fulfills the obligation of support. Changing custody is not that easy.
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After the divorce, the child belongs to the woman, the woman is the guardian, of course, the man also has the obligation to support, but it is the woman who determines the nature, and it is basically impossible for the man to get the child back, unless the woman agrees, I hope it can help you!
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The child is awarded to the woman, and the actual guardian is the woman. The husband has only guardianship, not guardianship. If you want to change, you must get the consent of the woman, and both parties can negotiate the change.
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If you have been divorced for two years and now the child belongs to the woman, but the man wants to take back custody of the child, then he must go through the legal process, and it is impossible to say that he wants to get it back.
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Although you are no longer the guardian of the child, you are also the father of the child, and you can share the responsibility of raising the child, and you can also recover the custody of the child through legal appeal.
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Hello, the divorced child belongs to the woman, and the man still has custody, and he is also a guardian. The husband has the right to fight for custody.
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I think since it belongs to the woman, then the custody should belong to the woman, and I think so.
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Legal Analysis: The parent who has no custody after the divorce does not mean that there is no custody, and the two have different meanings. According to China's guardianship system for minors, in general, parents are the legal guardians of minor children.
After the divorce, both parents have the right to custody and custody of their minor children, and both parents must fulfill the rights and obligations of raising and educating the children.
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. After the divorce, the children who are less than the first birthday of the two macros shall be raised directly by the mother in principle. 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.
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Summary. Hello, glad to answer for you. The divorce agreement states that custody of the children belongs to the man, and the woman still has custody but no custody.
After a husband and wife divorce, the party living with the child does not have the right to revoke the other party's custody of the child, but where the party who does not live with the child commits criminal or abusive conduct against the child or is obviously unfavorable to the child, the people's court finds that it can be revoked.
The divorce agreement states that the custody of the children belongs to the man, and the woman still has custody.
Hello, glad to answer for you. The divorce agreement states that the custody of the child belongs to the man, and the woman still has custody, but the relative has no custody. After a divorce between a husband and wife, the party living with the child does not have the right to revoke the other party's custody of the child, but where the party who does not live with the child has committed criminal or abusive acts against the child or is obviously unfavorable to the child, the people's court finds that it can be revoked.
Legal basis: Article 1067 of the Civil Code of the People's Republic of China provides that if parents fail to perform their obligation to support them, minor children or adult children who cannot live independently have the right to demand that their parents pay child support. Parents who do not perform their obligation to provide support to adult children, who lack the ability to work or who have difficulties in living, have the right to demand that their adult children pay alimony.
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1. What is child custody and what does the law say? Child custody refers to a personal right of parents to their children, and there is a distinction between legitimate and illegitimate support, and in real life, due to the emergence and occurrence of various reasons, parents' custody of children is not well guaranteed. Therefore, understanding the relevant laws and regulations, whether it is to fight for the custody of the scumbag child or in the fight for child support, it is very empty-minded.
Article 21 of China's "Marriage Law" stipulates that parents have the obligation to raise and educate their children; Children have the obligation to support their parents. If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. When a child fails to fulfill the obligation of maintenance, the parent who is unable to work or who has difficulty in living has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited. Article 37 stipulates that after a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Therefore, child custody is not only a right, but also an obligation, a burden, and a responsibility. 2. What is child custody and what does the law say? According to Article 21 of the Opinions, after a husband and wife divorce, the party living with the child has no right to revoke the custody of the child by the other party, except where the party who does not live with the child commits criminal or abusive acts against the child or is obviously unfavorable to the child, unless the people's court finds that it can be revoked.
In addition, the first paragraph of Article 16 of the General Principles of the Civil Law stipulates that "the parents of minors are the guardians of minors. This means that for minor children, parents are their legal guardians.
The guardianship of a minor child by a parent is based on the relationship between parents and children, and both parents have equal guardianship of the child, and no one may deprive or restrict it except in the event of death, or the lawful termination of the parent-child relationship, or the deprivation of guardianship in accordance with law. Therefore, regardless of divorce or not, both parents have custody of the child and assume guardianship obligations. Neither parent has custody of the child unless restricted or deprived for reasons prescribed by law.
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