1. If both parents can't reach an agreement, or one of them wants the custody of the child back, then they can sue for the custody of the child back.
Two, at any time after the divorce, one or both sides of the situation or the ability to raise a significant change, you can make a request to change the custody of children. Changes in custody of children are generally decided by both parties through consultation. If the agreement fails, the people's court may be requested to make a change judgment through litigation.
Three, one of the following circumstances, the people's court will give support:
(1) The party who lives with the children is unable to continue to raise the children 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;
(3) The minor children who have reached the age of 10 are willing to live with each other, and the other party has the ability to support them;
(4) There are other legitimate reasons for the change.
Fourthly, it is suggested to hire an attorney to solve the custody problem through legal channels.
According to your description, it is suitable for the second one. I hope I can help you regain the custody of your child as soon as possible and give your child a healthy and happy growth environment.
Custody refers to the individual rights of parents to their children. There is a difference between having children in marriage and having illegitimate children. In real life, due to the emergence and occurrence of various reasons, parents' custody of their children can not be well guaranteed.
One or both parties who have this right have the right to decide whether to live with the child before the child reaches adulthood, and this right will be extinguished after the child reaches adulthood.
Divorce usually leads to the loss of custody of one of the spouses. The party who loses custody will lose the right to live with their children. However, the party who loses custody will still enjoy the right to visit, and can visit their children regularly within the agreed or judged time and get along with them for a relatively short time.
The ownership of custody in divorce can be negotiated by both parties, and once negotiation fails, it needs to be decided by the court. The court's judgment on the ownership of custody is generally based on the principle of being conducive to the growth of children: the following factors are mainly considered: the education, work, income, age, family environment and age of children of both husband and wife.
Stepparents' custody of stepchildren
The relationship between stepparents and stepchildren is different from that between parents and children in general. They are related by marriage, education and upbringing, but they are not related by blood. This right and obligation can be lifted. It can be inferred that when the biological father and stepmother or the biological mother and stepfather divorce, if both the biological father (mother) and stepmother (father) request to raise the children, the custody right belongs to the biological parents. When a biological father divorces his stepmother or a biological mother divorces her stepfather, if the stepparents are unwilling to continue to raise the stepchildren who have been raised by them, it shall be deemed that the relationship of support has been terminated and the children are still raised by their biological parents.
(Refer to Baidu Encyclopedia Trusteeship)