At the time of divorce, after the custody of the child is awarded to the other party, if the other party has adverse circumstances for the growth of the child in the future, it can request to change the custody of the child. According to the Several Opinions on Handling Child Support in the Trial of Divorce Cases, if one party requests to change the child support right, the people's court shall support it if one of the following conditions is met:
1. The party who lives with the child is unable to continue to raise the child due to serious illness or disability.
2. The party living with the children does not fulfill the obligation of upbringing or has abusive behavior, or other children living together has adverse effects on their physical and mental health.
3. A minor child over the age of ten who is willing to live with the other party.
Minors over the age of 10 are persons with limited capacity for conduct and may engage in civil activities related to their age. At the time of divorce, the parents shall listen to their children's opinions on the ownership of custody of their children over the age of 10. However, if the child is under the age of 10 at the time of divorce, and after a few years, and over the age of 10, if the child clearly expresses that he or she is willing to live with the other party, he or she can apply for changing the custody of the divorced child.
There are other justifiable reasons for change.
Article 16 of Several Specific Opinions on the People's Court's Handling of Children's Support in the Trial of Divorce Cases
If one party requests to change the child support relationship under any of the following circumstances, it shall be supported.
(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 can support him or her
(4) There are other justifiable reasons for change.
