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Can the custody right be re judged after the age of ten

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Can the custody right be re judged after the age of ten


        

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  • 2024-06-23 21:00:49

    The main basis for the attribution of children's custody by the people's court in the trial of divorce cases is the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Children's Custody in the Trial of Divorce Cases, which divides minor children into three situations and stipulates respectively that they should live with their father or mother:
    First, children under the age of two should follow their mother in principle. If the mother is not suitable for raising children due to objective reasons or has not fulfilled the obligation of raising children, she can live with her father;
    Second, if both parties claim the right of custody for children over the age of two and under the age of ten, they can comprehensively compare their economic status, physical condition (whether healthy or not, whether they have lost their fertility), living environment and other aspects, judge which side's conditions are more conducive to the healthy growth of children, and then decide which side is responsible for the custody of children.
    Third, children over the age of 10 should first consider their opinions, and then refer to the living conditions of both parties. These provisions in the Opinions can effectively deal with the problem of child rearing in quite a number of divorce cases in judicial practice. But there are also very special circumstances, that is, the conditions of both men and women in all aspects are very similar, almost equal. If you want to win the custody of your children under the condition of "equal power", you need to fully tap your own advantages. In addition to the contents specified in the Opinions, you can also include whether the children are men or women, whose work is relatively stable, whose elderly physical conditions are more conducive to raising children, and so on. As long as it is helpful to the healthy growth of children, Will become the conditions for the court to investigate.
    Once the custody right is determined, it cannot be easily changed. According to the provisions of Article 16 of the Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support Issues in the Trial of Divorce Cases, if one party requests to change the child support relationship under one of the following circumstances, it shall be supported.
    (1) The party who lives with the child is unable to continue to support the child due to serious illness or disability;
    (2) The party living together with the child does not fulfill the obligation to support or maltreats the child, or the living together with the child has adverse effects on the physical and mental health of the child;
    (3) A minor child over the age of 10 who is willing to live with the other party and who has the ability to support him or her;
    (4) There are other justifiable reasons for change. So if you want to change custody, there is still a lot of room. But I don't agree with this. A child needs a stable environment in the process of growing up. Unless this environment is very unsuitable for his growth, it cannot be easily changed. In addition, the party who does not raise children does not live with them for a long time, so they must lack understanding of their children's life habits, and there will also be obstacles in communication. Therefore, changing custody may not be a good thing for children or adults. In short, families with children should be cautious about divorce.

    For***

    2024-06-23 21:00:49

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