If an agreement can be reached with the direct foster party, an agreement can be reached to change the custody right; If no agreement can be reached, it can be changed through prosecution.
However, the lawsuit of changing custody usually needs to meet certain conditions, as follows:
(1) The parent who lives with the child is unable to continue to raise the child due to serious illness or disability. If the parent who has custody can't continue to raise the child due to injury, disability and other reasons, then the other party can request to change custody;
(2) One of the parents who lives with their children fails to fulfill the obligation of raising or abusing their children, or living with their children does have a negative impact on their physical and mental health. If the party with custody refuses to pay the basic expenses of the child's education and life or beats the child, then the other party may also request to change the custody;
(3) A minor child who has reached the age of eight is willing to live with the other party who has the ability to support him. If the child is over eight years old and the other party has the ability to raise the child, the change of the child's opinion should be fully considered to ensure that it is conducive to the child's physical and mental health and healthy growth;
(four) there are other legitimate reasons to change. If it is difficult for the child with custody to receive a good and continuous education due to job changes, the other party may request to change the custody relationship.
I hope the answer will help you. Please contact us if you have any legal questions.
Relevant laws
Article 56 of the Interpretation of Marriage and Family in the General Principles of Civil Law: In any of the following circumstances, if one parent requests to change the child support relationship, the people's court shall support it:
(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.