After divorce, if the other party agrees to change the custody of the child, it is simple for both parties to sign a change agreement, and it does not need to go to the Civil Affairs Bureau or the court to go through any formalities. Both parties will sign and take effect.
If the other party does not agree to change the custody, it will be very difficult. Because the marriage law is very strict with the conditions for changing the custody right after divorce, the custody right can be changed according to law only when the other party is seriously ill or unable to continue to raise children due to disability, or fails to fulfill the custody obligation and maltreats children.
Another situation is that when the child is 10 years old, the child expresses his willingness to live with you. If you have the support conditions, this is OK.
The conditions for changing the right of custody cannot be based on the subjective opinion that it is not suitable or is not good for children. It must be based on legal standards and be proved by sufficient evidence.
Several Specific Opinions of the Supreme People's Court on the People's Court's Handling of Child Support in the Trial of Divorce Cases
Article 15 After divorce, if one party requests to change the child rearing relationship, or if the child requests to increase the childcare fee, a separate lawsuit shall be filed.
Article 16 If one party requests to change the child support relationship, it shall be supported in any of the following circumstances.
(1) The party living with the child is unable to continue to raise the child due to serious illness or disability
(2) The party who lives with children does not fulfill the obligation of upbringing or maltreats children, or the party who lives with children does have adverse effects on their physical and mental health
(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) has other legitimate reasons to change.
Article 17 Where both parents agree to change the child rearing relationship, they shall be allowed to do so.
