How to get back the child custody?

stay divorce In the case, the child's Custody It is always awarded by the court to the party who is beneficial to the growth of the child. However, sometimes, the living conditions of both parties have changed, and the other party believes that it is more beneficial for the child to follow his own growth. At this time How to get it back child custody What about? The following section sorts out the changes in custody legal knowledge I hope you can find the information you need.

1、 Can the child's custody be returned? Can the child's custody be returned?

Whether it's husband and wife negotiating to determine the child Who owns custody , or the court's decision to determine who the child custody belongs to, must adhere to a common principle, that is, the principle of "conducive to the healthy growth of children". The essence of child custody is how to let children live and grow under favorable conditions. Therefore, the fundamental answer to who owns the custody of children is who is conducive to their growth.

Can the child's custody be returned? Can the child's custody be returned? The answer to this question should still be analyzed from the principle of "being conducive to the healthy growth of children". If the children live with their parents together, can provide a healthy and perfect growth environment for the children, and the children can grow up healthily and happily, then there is no need to change the custody of the children; If the children live with their parents together, which is not conducive to the healthy growth of children, it is necessary to change the custody of children.

Therefore, can the child's custody be returned? Can the child's custody be returned? The fundamental answer lies in whether the current environment in which children live is conducive to their healthy growth. If the answer is yes, it will be difficult to get back; If the answer is no, the child's custody can be returned.

2、 How to get back the custody of children?

Parents can reclaim the custody of their children in two ways: agreement and prosecution.

（1） How to get back the custody of children? Agreement retrieval

According to the law, both parties agree to change Child support As long as it is conducive to the physical and mental health of the children and protects the legitimate rights and interests of the children, it should be approved, which means that the husband and wife can negotiate privately, and then request the court to make changes.

（2） How to get back the custody of children? Prosecution

If both parents cannot reach an agreement, or one of them wants to return the child's custody, then they can sue for the child's custody.

3、 How to get back the custody of children? What are the conditions for returning child custody?

Whether it is an agreement or a lawsuit, it must be approved by the court. Under what circumstances will the court allow the child's custody to be returned? The judicial interpretation stipulates the following Change of custody Legal situation of

1. The party living with children suffers from serious disease or permanent disability Inability to continue raise 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.

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.

4. There are other justifiable reasons for change.

This is a bottom-up clause, which gives the judge a certain discretion. In the court hearing, the judge can judge whether to change the custody of divorced children according to his subjective understanding of the objective situation.

The above section introduces the law of custody change in detail statute And precautions for How to get back the child custody You must have some understanding. Generally speaking, if both parties agree to change the custody right, they can not apply to the court. However, in real life, such views are not easy to reach consensus. If you have any questions about striving for child custody, you can consult lawyer To get professional answers.