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Where is the change process of child custody

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Where is the change process of child custody


        

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  • 2024-06-06 03:00:49

    Any time after divorce, if one or both parties' circumstances or ability to support their children have changed significantly, they can request to change their child support rights. The change of child custody right is generally determined by both parents through consultation. If the agreement fails, the change can be made through a lawsuit to the people's court.

    The people's court shall support any of the following circumstances:

    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 children does not fulfill the obligation of upbringing or maltreats the children, or the living together with the children has adverse effects on the physical and mental health of the children;

    3. A minor child over the age of eight 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.

    [Legal Basis]

    Article 56 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I): Under any of the following circumstances, if one of the parents requests to change the child rearing relationship, the people's court shall support it:

    (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 children does not fulfill the obligation to support or maltreats the children, or the party living together with the children has adverse effects on the physical and mental health of the children;

    (3) A child who has reached the age of eight is willing to live with the other party, who has the ability to support him or her;

    (4) There are other justifiable reasons for change.

    Hu***

    2024-06-06 03:00:49

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