Secondly, even if the mother is sentenced because the child is under two years old, you can wait for the child to grow up before trying to change the custody. There are two forms to change the custody of children: agreement and prosecution. 1. Agreement change. Divorced parties can reach an agreement privately to change custody. Second, litigation change. If there is a dispute over the change of custody, you can directly bring a lawsuit to the court to change custody. The party who wants to obtain custody of the child generally needs to submit relevant evidence to the court to prove that he has the ability to support, especially the income level. The income mentioned in the income certificate includes salary, bonus, rental income, stock income, dividend income, etc. The income certificate should generally be stamped with the official seal or the seal of the personnel department, and the payroll should generally be stamped with the seal of the financial department.
Article 1084 of the Civil Code: The relationship between parents and children shall not be destroyed by the divorce of parents. 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.
Article 55 of the Interpretation of Marriage and Family in the Civil Code (I): After divorce, if one of the parents requests to change the child support relationship, or if the child requests to increase the maintenance fee, it shall be prosecuted separately.
Article 56 In any of the following circumstances, the people's court shall support a parent's request to change the child support relationship:
(1) The parent who lives with the child is unable to continue to raise the child due to serious illness or disability;
(2) One of the parents who lives 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;
(three) 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;
(four) there are other legitimate reasons to change.
Article 57 The people's court shall support the parents' agreement to change the child support relationship.