[Case Summary]This case involves a dispute over the change of custody. Zhang Liyuan and Chen Li got married in 2009 and had a son, Chen Yu, in 2014. In 2019, they agreed to divorce and stipulated that Chen Yu would be raised by his father. Later, Chen Li suffered from a serious illness and became physically disabled. The child showed psychological warning signs under his guardianship, and Chen Yu, who had reached the age of 10, explicitly expressed his wish to live with his mother. Zhang Liyuan entrusted the Beijing Henglu Law Firm to handle the case for her.Li YonghuiThe lawyer filed a lawsuit with the court, requesting a change in custody rights. Based on the Civil Code and relevant judicial interpretations, the court ruled that the custody rights of Chen Yu should be transferred to Zhang Liyuan, and Chen Li should pay 8,000 yuan in monthly alimony until the child reaches adulthood. The core disputes include whether the custody rights of the legitimate child should be changed and the legal effect of the wishes of children who have reached the age of eight. Applicable legal provisions: Article 1085 of the Civil Code and relevant judicial interpretations.

I. Review of the case

After the divorce, I want toChanging the child's custody rightsParents often search for terms like "how to change custody rights", "can the child be allowed to stay with the mother if he/she wishes to do so", and "can custody rights be reclaimed if the other party is ill and unable to raise the child". Zhang Liyuan and Chen Li registered their marriage in 2009 and had a son, Chen Yu, in 2014. In 2019, the couple divorced by agreement due to a breakdown in their relationship, with the agreement stipulating that Chen Yu would be raised by his father, Chen Li, who would bear all the child-rearing expenses. After the divorce, Chen Yu has been cared for by his grandparents. Although Zhang Liyuan does not directly raise the child, she still devotes all her time and energy to accompanying and educating him. Due to the child's poor health, Zhang Liyuan purchased insurance for him and arranged medical treatment. Currently, the child continues to live with his mother.

In 2018, Chen Li was diagnosed with a serious illness that caused mobility impairment. In recent years, his health has been deteriorating. When Chen Li took care of the children, they often became nervous and resistant towards him. After being diagnosed with possible psychological problems by the Department of Psychosomatic Medicine of the Children's Hospital, Zhang Liyuan, citing Chen Li's deteriorating health and the children's worrying psychological state, entrusted someone to handle the divorce proceedings on her behalf.Li YonghuiThe lawyer filed a lawsuit to change the custody rights in the Beijing Court, requesting that the custody rights of Chen Yu be awarded to himself, and that Chen Li pay alimony.

II. The focus of the case

  • Focus 1: Does the defendant's health condition affect their ability to raise a child?Chen Li suffers from epilepsy and other diseases, which make it difficult for him to move around. His condition has worsened, and his child has shown psychological warning signs under his guardianship. Can it be determined that his guardianship ability is insufficient?
  • Focus Two: Whether the plaintiff meets the requirements for child-rearing.Chen Li argued that Zhang Liyuan had no fixed job, was temperamental, and lived far away. Could Zhang Liyuan prove her own financial ability and stable living environment?
  • Focus 3: The legal effect of children's wishes.Chen Yu, who has reached the age of 10, has explicitly expressed his willingness to live with his mother. The wishes of children who have reached the age of 8 play a crucial role in the judgment.

III. Professional intervention by Hengluo Lawyers

The party concerned (the plaintiff) claims that:Zhang Liyuan argued that Chen Li's health has deteriorated, that he is unable to raise the child, that the child's psychological health has been damaged, and that she herself wishes to live with her child. She requested a change in custody rights and an order for Chen Li to pay child support.

The defendant (Chen Li) argued that:Zhang Liyuan has no fixed job, is temperamental, and the fact that the mother and son live far apart from each other is not conducive to their growth. She does not agree to change the custody rights.

Hengluo Lawyer's Representation Opinion:Li YonghuiThe lawyer formulates the litigation strategy from the following aspects: submitting Chen Li's medical records and the child's psychological diagnosis report to prove that her guardianship ability is insufficient; submitting Zhang Liyuan's asset proof and income sources to refute the claim that she lacks the ability to raise the child; applying to the court to question Chen Yu in court and submitting daily interaction photos and videos to corroborate the emotional bond between mother and child. Based on Article 56 of the Interpretation of the Marriage and Family Code (I), the lawyer focuses on arguing that Chen Li is unable to raise the child due to her serious illness, and the child's wishes should be respected.

IV. Outcome of the case

The court, in accordance with Article 1085 of the Civil Code and relevant judicial interpretations, determined that Chen Yu, who has reached the age of eight, has clearly expressed his willingness to live with his mother; and Zhang Liyuan has the financial ability and the conditions to raise the child. Accordingly, the court ruled as follows:The custody of the child shall be transferred from Chen Yu to Zhang Liyuan, and Chen Li shall pay 8,000 yuan per month as child support until the child reaches adulthoodThe judgment reflects the principle of maximizing the interests of children, which not only focuses on material conditions, but also attaches great importance to physical and mental health and emotional needs.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. The key points of changing custody rights are: the true wishes of minors aged over eight are an important reference; if the direct custodian suffers from serious illness or fails to properly exercise guardianship, the change can be supported; the alimony should be determined according to the needs of the children, the income of the parents, and the local living standards. Parents should prioritize the well-being of their children and resolve conflicts rationally.

VI. Common Questions and Answers about Cases Involving Changes in Parental Custody Relationships

  1. Q:The child is willing to live with his mother. Can the custody rights definitely be changed in this case?
    A:Where a child who has reached the age of eight wishes to live with the other party and the other party has the ability to raise the child, the court will usually support this, but it still needs to be judged based on comprehensive factors such as health and economic conditions.
  2. Q:The other party is ill and unable to raise the child. How can I regain custody of the child?
    A:You can collect evidence such as medical records and psychological diagnoses, and file a lawsuit for modification based on the situation described in the judicial interpretation that "the party living with the child is unable to raise the child due to serious illness".
  3. Q:What evidence is needed to change custody rights?
    A:It is necessary to provide the other party's health certificate, the child's psychological assessment, evidence of the applicant's financial ability and willingness to accompany the child, and materials showing the child's true intention, in order to form a complete chain of evidence.
  4. Q:After the change of custody rights, how is the alimony calculated?
    A:The specific amount can be adjusted by the court based on the actual needs of the children, the parents' income, and the local living standard.
  5. Q:After agreeing in the divorce agreement that the other party will raise the child, can I still sue to change this arrangement?
    A:Yes, when legal changes occur, you can file a lawsuit to change the custody relationship separately, which is not subject to the restrictions of the original agreement.