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How long will it take to go to court after the change of custody

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How long will it take to go to court after the change of custody


        

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  • 2024-06-26 05:00:48

    1. The law does not stipulate when to hold a court session, but it does stipulate when to conclude a trial;
    2. The people's court shall conclude the trial of a case in which summary procedure is applied within three months from the date of filing the case;
    3. A case tried by a people's court in the ordinary procedure shall be concluded within six months from the date of filing the case. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval. Article 16 of the Opinions on Handling Child Support Issues in the Trial of Divorce Cases stipulates that if one party requests to change the child support rights, the people's court shall support it if one of the following conditions exists:
    1. The party living with the child is unable to continue to raise the child due to serious illness or disability. The illness or disability of one party will inevitably affect the education and care of children. From the perspective of children's growth, it is not a problem of "how to change the custody", but a problem of changing the custody of children.
    2. The party living with the children does not fulfill the obligation of upbringing or has abusive behavior, or the living with the children has adverse effects on the physical and mental health of the children. Some parents fight for custody when they divorce, not to create better living conditions for their children, but to divide property or achieve revenge. Once the goal is achieved, they will ignore their children, do not fulfill their obligations to support them, and some even beat and abuse their children. In this case, the other party concerned about how to change the custody of the child can request to change the custody of the divorced child. However, the change of custody cannot require the re division of the original common property.
    3. The minor children over the age of 10 are 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. When parents divorce, they should 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.
    4. There are other justifiable reasons for change. This is a bottom-up clause. The social reality is complex and constantly developing. For those issues that cannot be considered in the formulation of judicial interpretation, the judicial interpretation gives the judge a certain discretion. Here, the judge can judge whether to change the custody of divorced children according to his subjective understanding of the objective situation. According to the above provisions, as long as any of the above conditions are met, you can apply to the people's court for changing the custody right.

    You***

    2024-06-26 05:00:48

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