How to write the complaint of changing the custody of children?

Change the regulatory complaint template

Plaintiff: ×××, female, born on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

Defendant: ××××, male, born on,,,,,,.

Litigation request:

1, and ordered the plaintiff to raise the legitimate daughter of the original defendant ××××××;

2. The defendant pays 2,000 yuan of maintenance every month.

Facts and reasons:

On June 20th, 20th, the plaintiff and the defendant were divorced by the people's court of XXX.

Because the child was a woman, the defendant never remarried. With the child's physical development, XXX also found it inconvenient to live with the defendant. The defendant has been busy with the development of his career, too busy to take care of his children's life and study, and even has a bad habit of drinking. Every time he goes home, he beats and scolds his daughter, which is very unfavorable to the healthy growth of children.

In order to make the child have a healthy and stable living environment, it is specially requested to change the child to be raised by the plaintiff, and the defendant pays the child living expenses of 2000 yuan per month. After the change of custody, the plaintiff can guarantee the normal visit of the defendant.

I am here to convey

Xxxx people's court

Metaphor: ×××××

20 ××××× Year××× Month× Day

Conditions for changing custody

1. The original adoptive parents are unable to continue raising their children due to financial difficulties, unemployment or illness.

According to statistics, in divorce cases, the marriage duration of both parties is less than 8 years, and the proportion of children under 6 years old at the time of divorce exceeds 80%. For such cases, considering that the child is still young and it is more appropriate to be raised by the woman, the court generally tends to give the child to the woman for raising. However, with the growth of children, the education and medical costs of raising children are getting higher and higher. Many parties who originally obtained custody of their children, because of unemployment, illness and other reasons, have changed their economic situation and are unable to continue to bear the cost of raising their children.

2. It is difficult for the original adoptive parents to take care of their children when they go out to work.

After the divorce, the party who originally obtained custody of the children had to work and live in the field for a long time in order to make a living. However, these children's household registration did not move to the new work and life place with the caregivers, which led to the children not being able to go to school in the new work or life place of the caregivers, but still staying at the household registration place to continue their studies. In this way, it is actually very difficult for caregivers to take care of their minor children. In order to let the children get good care and care from their parents, it is convenient for the original caregivers to bring a lawsuit to the court and ask for a change in custody.

3. The one who has no custody moves to Hong Kong or abroad and asks his children to live with them.

The number of China residents who emigrated to Hongkong, North America, Australia and other regions has increased. Because the party who originally had no custody wanted to emigrate to a relatively developed country or region, he asked his children to live with him, hoping that their children could get better study and living conditions, and the number of cases suing for changing custody also increased.

If the other party's economic or physical condition declines, or it is inconvenient to take care of the child, and does not agree to change the custody of the child, the other party may write a complaint for changing the custody and seek the help of the court. In such complaints, it is necessary to briefly describe the basic information of both parties and record in detail the factors that are not conducive to the growth of children and their own advantages.

Is it easy to change the custody of children?

The change of custody of children needs to meet legal conditions, agreement changes or litigation changes. Legal change of custody: the party living with the child is unable to continue to raise the child due to serious illness or disability; The party living with the child * * * fails to fulfill the obligation of raising or maltreats the child, or living with the child * * * does have a negative impact on the physical and mental health of the child; Children who have reached the age of eight are willing to live with each other and the other party has the ability to support them.

What are the conditions for changing custody?

In any of the following circumstances, the people's court shall support one party's request to change the custody of children:

1. The party who lives 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 "how to change custody?" The problem is to change the custody of children.

2. One of the parents who lives with their children fails to fulfill the obligation of raising or has abusive behavior, or living with their children has adverse effects on their physical and mental health.

Some parents fight for custody when they divorce, not to create better living conditions for their children, but to divide property or to achieve revenge. Once they achieve their goal, they will ignore their children, fail to fulfill their obligation to raise them, and some even abuse them. In this case, how to change the custody? The other party who cares about the child's growth can request to change the custody of the divorced child. However, changing custody cannot require re-division of the original property.

3./kloc-minor children over 0/0 are willing to live with each other.

/kloc-Minors over 0/0 are people with limited capacity and can engage in civil activities related to their age. When parents divorce, they should listen to their children's opinions on the custody of children over 10 years old. However, if the child was under 10 at the time of divorce and reached 10 after several years, and the child clearly expressed his willingness to live with the other party, he may apply for changing the custody right of the divorced child.

There are other reasonable reasons for the change.

This is a bottom-up clause, and the social reality is complex and constantly developing. For those problems that cannot be considered when formulating judicial interpretation, judicial interpretation gives judges certain discretion. Here, how to change custody? Judges can judge whether to change the custody of divorced children according to their subjective understanding of the objective situation.

legal ground

Article 1084 of the Civil Code: The relationship between children after parents' divorce shall not be destroyed by parents' divorce. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.