[Direct answer]After the custody decision is made, it can be changed. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the parents have disputes over the custody of their children, the people's court shall make a decision in accordance with the principle that is most beneficial to the minor children; if the party who raises the children has circumstances that are not conducive to the physical and mental health of the children, such as being sentenced to criminal punishment, being away from home for a long time without returning, or having a deteriorated relationship with both parents that makes it impossible to live together, the other party may request to change the custody relationship. For children who have reached the age of eight, the court will respect their true wishes. A request for change usually requires filing a separate lawsuit to change the custody relationship, with the emphasis on proving the existence of unfavorable circumstances and the necessity of the change.Divorce litigation and family disputesThe method of judging the interests of children in the column can be used for reference.

1. Problem background and typical scenarios

There are mainly three types of parties who consult such issues: one party obtains custody of the children, but the other party finds that the actual living conditions of the children have significantly deteriorated and hopes to change the custody relationship; the original direct custodian, due to changes in work, illness, or family changes after remarriage, finds it difficult to continue custody and actively proposes to change it; and there is also a situation where the party who obtains custody has long been blocking visits and refusing the children to contact the other party, and the other party applies for a change on the grounds that it is detrimental to the children's physical and mental health. In practice, the most common mistake is to equate visitation rights disputes directly with changes in custody relationships. If visitation is blocked, it is possible to apply for enforcement, but only when the behavior seriously affects the children's physical and mental health can it constitute a statutory ground for changing the custody relationship.

II. Key points of contention

The first focus is whether there are statutory grounds for change. Dissatisfaction alone is not sufficient to support a request for change. The second focus is whether there have been substantial changes in the caregiving capacity of the original direct custodian. The third focus is whether the child's living and schooling environment can remain stable after the change. The fourth focus is whether the other party has a stable residence and caregiving conditions, and whether there are factors such as having another child that may have an impact. The fifth focus is how to ascertain and determine the true wishes of children who have reached the age of eight. The sixth focus is the specific manifestations of long-term obstruction of visitation rights and the methods of preserving evidence. The seventh focus is whether changing the custody relationship will affect the standard and payment method of child support. The eighth focus is the handling method when neither parent is beneficial to the child.Special services and other casesThe evidence sorting method in the column can be used in the preparation of such cases.

III. Professional analysis by Henglue Law Firm

Taking a divorce dispute handled by our law firm as an example: Xiao Ya and Xiao Lei registered their marriage in 2013 and had an elder son, Xiao Guang (born in September 2015), and an elder daughter, Xiao Yang (born in October 2018). Both children have been living with Xiao Ya. Since the birth of their eldest son, Xiao Lei has been away for a long time to run his clothing business, and the couple has been living apart for more than ten years. They lack communication and have a cold relationship. During the separation, Xiao Ya single-handedly took care of the children's daily life, academic guidance, medical treatment, and psychological support. Xiao Lei first sued to request sole custody of one child. During the litigation, the lawyer collected travel records, residence certificates, WeChat chats, and children's education and medical records to prove that there was no communication during the separation, that the father was absent from family life, and that it was more appropriate for the children to be directly raised by the mother in accordance with the principle of what is best for the minor children. The court adopted this opinion, breaking away from the common practice of balancing judgments in divorce cases, mediated the divorce and granted the mother custody of both children, and the father was ordered to pay child support according to law. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as an agent. This approach is also applicable to the evidence of actual care and continuous living in custody change cases.

IV. Practical suggestions and legal basis

Action recommendations: 1. Formalize the current care arrangements of the original custodian, including proof of schooling, medical care, daily care, and living arrangements; 2. Collect objective evidence of adverse circumstances, such as effective criminal judgments, long-term overseas travel and residence records, and communication records of negligence or obstruction of visitation; 3. Submit proof of the custodian's own care conditions, including stable housing, income, and support from relatives; 4. Respect the child's wishes and avoid pressuring them in front of them, faithfully conveying their true thoughts; 5. Clarify the child support standard and payment method in the request for modification; 6. Consider mediation as an alternative, as changing the custody relationship can have a significant psychological impact on the child, and negotiated agreements are often preferable to litigious confrontations. Legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); Related provisions on litigation for changing custody relationships in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective from January 1, 2024).

5. Henglue Law Firm's Advice

First, the custody judgment is not absolutely final, but the threshold for modification is high, requiring statutory grounds and sufficient evidence. Second, if visitation is obstructed, it is usually resolved through an application for enforcement first. Only when it seriously harms the physical and mental health of the child may it become a ground for modification. Third, the core of modification remains the interests of the child. Simply proving that the other party does not provide adequate care may not be sufficient. Fourth, the wishes of children who have reached the age of eight have important reference value, but they should not be regarded as the sole basis. Fifth, frequent changes in the custody relationship will increase the child's adaptation costs, and the court usually tends to maintain stability. Sixth, in cases involving the rights and interests of children, attention should be paid to protecting their privacy and avoiding disclosing their private information in litigation. Seventh, when entrusting a lawyer, all materials related to the child should be provided at one time, including the child's pick-up and drop-off records, medical records, and school communication materials from previous years.

VI. Frequently Asked Questions

Q1: Can the custody decision be changed after it has been issued?

Yes. The guardianship relationship is not fixed for life. When the guardian of the child encounters legal circumstances that are detrimental to the child's physical and mental health, the other party may request a change. Common circumstances include being sentenced to criminal punishment, being unable to fulfill the guardianship obligation due to being away from the child for a long time, or having a deteriorated relationship with the child that makes it impossible to live together. In practice, it is necessary to file a lawsuit to change the guardianship relationship separately, and the court will reassess it based on the principle of what is most beneficial to the minor child.

Q2: What are the requirements for changing custody rights?

There are three requirements: First, there must be statutory or substantive circumstances that are unfavorable to the children; Second, the requesting party must have stable care conditions, including accommodation, income, and time arrangements; Third, the children's living and schooling environment will not be adversely affected after the change. It's usually difficult to support the claim simply by proving that the other party doesn't take good care of the children. It also requires an overall judgment based on the actual situation of the children.

Q3: The child is already eight years old. Can he decide for himself who to live with?

It cannot be entirely decided by the child, but the court will respect the true wishes of children who have reached the age of eight. In practice, the court will usually interview the child separately, paying attention to whether their expression is coerced and whether it is consistent with their actual living conditions. The child's wishes are usually taken into account as an important reference, but they will not be the sole basis. For minors over the age of 10, the people's court will also hear their opinions in accordance with the law in litigation involving their own rights and interests.

Q4: The other party has been refusing to let me see the child. Can I apply for a change based on this?

Yes, but it requires proof that such behavior has seriously affected the physical and mental health of the children. In practice, it is recommended to first fix the specific records of obstruction to visitation, including the failure to fulfill the agreed visitation time, the interruption of communication, and the inability to participate in education and medical affairs; then, you can apply for enforcement according to the judgment document. If it's just an occasional failure to visit, it's not enough to constitute a statutory ground for changing the custody relationship.

Q5: How is the alimony calculated after the change of the custody relationship?

The new support relationship should be re-determined. The amount of alimony shall still be based on the actual needs of the children, the parents' ability to pay, and the local living standards, including necessary expenses such as living expenses, education expenses, and medical expenses. If the claim for alimony is raised together with the request for a change, the court will reassess it based on the new support party's income and the children's expenses. Both parties should also make clear agreements on the payment time and method.Labor arbitration and work-related injury compensationThe approach to organizing income proof in this column can be used as a reference.

The above questions and answers are mainly based on judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.