Xiamen child custody modification dispute: court rules to transfer custody to the father.

Case Summary

Plaintiff Zhang (male) and Defendant Liu (female) registered their marriage on 2018/3/15 and gave birth to a son, Zhang Xuan, on 2020/10/20. In 2022/12, they finalized their divorce at the Civil Affairs Bureau by signing a Divorce Agreement, which stipulated that the minor child, Zhang Xuan, would be raised by Defendant Liu, with Plaintiff Zhang paying monthly child support of 5000 yuan. In 2024/5, Plaintiff Zhang learned that Defendant Liu had incurred significant debt due to gambling, was designated as a dishonest judgment debtor by the court, and her residence had been seized. Consequently, she could no longer adequately care for the child's daily needs or education, severely impacting the child's well-being and schooling. Plaintiff Zhang filed a lawsuit requesting a change in custody of Zhang Xuan to himself and an order for Defendant Liu to pay monthly child support of 5000 yuan.

Key Dispute

1.被告的抚养条件是否发生了重大变化，无法继续抚养子女

2.Do the plaintiff's living conditions and ability to care for the child exceed those of the defendant?

3.Does changing child custody align with the best interests of the minor?

Case Strategy

1.Fixed divorce certificate, "Divorce Agreement," Birth Medical Certificate, Defendant's records as a dishonest judgment debtor, court seizure records, evidence related to gambling, children's living and education records, Plaintiff's income proof, residence proof, and other core evidence.

2.The defendant has accumulated massive gambling debts, was designated as a dishonest judgment debtor by the court, and their residence has been seized. These significant changes in living conditions render them unable to provide daily care, education, and supervision for their child, which is detrimental to the child's healthy development.

3.Demonstrate that the plaintiff has stable income and a fixed residence, and that their conditions and ability to raise the child are superior to the defendant's. In accordance with the principle of acting in the best interests of the minor child, request that custody of the child be transferred to the plaintiff to ensure the child's healthy development.

4.Calculate the defendant's monthly income and claim that they pay child support of 5000 yuan per month, which complies with legal requirements.

Processing Result

The court ruled that custody of the minor son, Zhang Mou-Xuan, shall be transferred from Defendant Liu Mou to Plaintiff Zhang Mou. Defendant Liu Mou shall pay child support of 5000 yuan per month until the child reaches the age of eighteen. Defendant Liu Mou shall bear all litigation costs in this case.

Similar Case Consultation