[Direct answer]It can be changed. After divorce, the custody of children is not final. Both parents can agree to change it; if no agreement can be reached, they can file a lawsuit with the court, but they need to prove the existence of statutory grounds, such as the direct custodian suffering from serious illness or disability and being unable to continue to raise the child, failing to fulfill their custody obligations or abusing the child, the child aged eight or above wishing to live with the other party and the other party having the ability to raise the child, or other legitimate reasons requiring a change. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), the custody of the child shall be determined in accordance with the principle that is most conducive to the minor child's interests; the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code (effective January 1, 2021) has detailed the circumstances of the change. It is usually difficult to gain support if the request for change is based solely on better economic conditions. It is recommended to first evaluate the grounds and evidence, and you can refer to the relevant provisions for reference.Marriage and family matters, and divorce litigationColumn.

I. Problem background and typical scenarios

These types of requests are commonly encountered in several situations: First, the direct custodial parent is relocated to a different city for work and the child is actually cared for by the grandparents; Second, the custodial parent's new family environment after remarriage is not conducive to the child's growth; Third, the custodial parent fails to fulfill their obligations, leaving the child's clothing, food, and studies unattended, and even subjecting the child to abuse; Fourth, after the child reaches the age of eight, they expressly wish to live with the other parent; Fifth, the custodial parent obstructs visitation rights, and the other parent wants to use the change in custody to rebuild the parent-child relationship; Sixth, the custodial parent suffers from a serious illness or is involved in criminal risks. When handling similar cases in the Beijing area, the court will first review whether the child's current living situation is stable, and then determine whether the change in custody is truly necessary. For cases involving arrears in child support and enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First, whether the statutory grounds exist is the key to case filing and winning the lawsuit, and it requires specific evidence to support it. Second, the determination of "not fulfilling the obligation of child support" is different in nature between occasional avoidance of visitation and long-term neglect. Third, the method and authenticity of collecting the wishes of children aged over eight. Fourth, the proof of the claimant's ability to raise the child, including living conditions, income, accompanying conditions, and school enrollment. Fifth, the assessment of the impact of changing the child's academic and psychological situation, and the court tends to maintain the stable status quo. Sixth, if the grounds are based solely on the other party's economic deterioration or the claimant's own remarriage, the sufficiency of the grounds is often questioned. Specifically, the current effective laws and regulations and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

Taking a divorce dispute handled by our firm as an example, we can observe the court's approach to determining the custody of children based on their best interests. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In April 2025, Zhang *hua filed for divorce first but was rejected. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage and entrusted our firm's lawyers to file for divorce again, claiming that the child born during their marriage should live with him. The court determined that Zhang *hua had been having an affair during their marriage after the first dismissal of her divorce suit, and their marital relationship had indeed broken down. The court granted the divorce and, in accordance with the principle of acting in the best interests of minors, combined with the child's growth environment and the parties' performance, ruled that the child born during their marriage should live with Wang *sheng, and Zhang *hua should pay 550 yuan per month in child support until the child reaches adulthood. The review logic of this case is consistent with that of custody change disputes: the court does not focus on the advantages and disadvantages of various conditions, but instead examines whose actual environment is more conducive to the child's growth. Changing custody also requires providing evidence based on statutory grounds and the child's best interests, rather than making emotional accusations against the other party. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, fix the evidence of the legal grounds for changes in the other party's circumstances, such as a diagnosis of illness, police reports of abuse, certificates of academic neglect, and evidence of long-term separation; Second, sort out the supporting conditions for custody on your side, including stable housing, income proof, available time for accompaniment, and schooling transition plans; Third, if children over the age of eight wish to live with you, pay attention to letting their wishes emerge naturally and avoid coercion; Fourth, first attempt to negotiate a settlement, as it has lower costs and less impact on the children; Fifth, when suing, clarify visitation and child support arrangements at the same time to avoid secondary disputes. Legal basis: Article 1084 of the Civil Code of the People's Republic of China establishes the principle of acting in the best interests of minor children; Articles 1085 and 1086 stipulate child support and visitation rights; the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code (effective January 1, 2021) lists specific circumstances under which the child custody relationship can be modified. Relevant document highlights can be referred to for reference.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, changing custody rights is a "cause-based lawsuit". If there are no statutory grounds, even better conditions may not guarantee victory, and the risk of losing the case is high. Secondly, kidnapping or hiding the child to create a fait accompli may be regarded as being detrimental to the child. Thirdly, the lawsuit to change custody rights does not affect the recovery of alimony. Arrears in alimony can be claimed separately. Fourthly, the child's wishes will become more important as they grow older, and improper communication methods may backfire. It is recommended to have a professional lawyer evaluate the strength of the case and the chain of evidence before suing, and to seek advice when necessary.Beijing Henglu Law FirmIt's a similar column on the official website.

VI. Frequently Asked Questions

Q1: Is it easy to successfully change the custody rights after divorce?

It depends on the legal grounds and evidence. In situations such as the direct custodian being unable to raise the child due to serious illness, failing to fulfill their custody obligations, or abusing the child; or where the child aged eight or above clearly wishes to live with the other party and has the ability to raise the child, the likelihood of gaining support is higher. However, if the case is based solely on the fact that the applicant's income is higher or their living conditions are better, the court usually considers this insufficient to overturn the current situation. Since changing the child's living environment involves reconstructing their living environment, the court adopts a cautious attitude and recommends that lawyers first assess the strength of the case before deciding whether to file a lawsuit.

Q2: What evidence is needed to change custody rights?

Prepare the following materials related to the case: the diagnosis certificate of the other party's serious illness or disability; evidence of failure to fulfill parental obligations, such as records of the child being left unattended, feedback from schools and neighborhood committees; police reports and injury materials related to abuse and domestic violence; evidence demonstrating that it is more beneficial for the child to live with the parent, such as housing, income, and school transition plans; and objective materials showing the wishes of children aged eight and above. The evidence should form a coherent chain, as individual pieces of evidence are unlikely to be accepted by the court.

Q3: How much does it cost to litigate for a change in custody rights?

The litigation fees are charged according to the nature of the case and are generally not high. The attorney's fees are determined through negotiation based on the intensity of the dispute and the amount of evidence work required, with no uniform standard. If it is necessary to apply for investigation and evidence collection or psychological assessment, additional fees will be incurred. Compared with litigation, amending the agreement between the two parties costs almost nothing, and it is preferable to negotiate a settlement first. It is recommended to evaluate the cost based on the seriousness of the matter and the other party's attitude, and then consult a lawyer to determine the best course of action before making a budget.

Q4: How long does it take to litigate for a change in custody rights?

Generally, the case will be concluded within three months under the simplified procedure or within six months under the ordinary procedure. If it is necessary to consult the wishes of children over the age of eight, conduct an investigation, or deal with the other party's appeal, the duration will be extended, and the second-instance trial will take about three months. In practice, it usually takes three to six months from the filing of the lawsuit to the effective judgment. In urgent cases, you can apply for provisional measures at the same time to avoid the child being in an unfavorable situation. Fixing the evidence and clarifying the facts as soon as possible can significantly shorten the timeframe.

Q5: What's the first step to change the custody rights?

The first step is not to sue directly, but to evaluate the specific circumstances and evidence that the other party is not suitable to continue raising the child, and to self-check against the statutory change circumstances; the second step is to try to negotiate with the other party, reach a written change agreement and clarify the alimony and visitation arrangements; the third step, if the negotiation fails, entrust a lawyer to sue and apply for evidence preservation at the same time. For reference, please refer to the following link:Marriage and family matters, and divorce litigationThe column obtains the key points of the lawsuit.

The above questions and answers are mainly based on the 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, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.