[Case Summary]This case is a dispute over the change of custody rights (second instance, the defendant is defending his rights). After Fan * and Li * settled their divorce through mediation, the couple's child was raised by Li *. Fan * sued to request that the custody rights be changed to his own and claimed that Li * suffered from mental illness and was not suitable to raise the child. Li * entrusted Beijing Henglu Law Firm to handle the case.Tian Jia YanThe lawyer represented the client, and the first-instance court rejected Fan's claims. Fan appealed. The second-instance court adopted the lawyer's opinion, determined that Li's mental state was stable and that Fan failed to provide evidence to support the change of custody grounds, and dismissed the appeal and upheld the original judgment. The core dispute was whether there were statutory grounds for changing custody rights. Applicable laws: the Civil Code's Marriage and Family Chapter and the Judicial Interpretation on Changing Custody Relationships.

I. Review of the Case

In custody disputes, questions such as "how to change the child's custody rights", "can the other party win back custody rights if they have mental illness", and "can the second-instance court maintain custody rights" are often raised. Fan * and Li * divorced on February 19, 2016. They had a son, Li *2, in December 2017. In June 2019, the court mediated the divorce, with Li * raising the child and Fan * paying child support and visiting rights. In February 2021, Fan * sued to confirm that he did not have a parent-child relationship with Li *2, but the lawsuit was dismissed. Subsequently, Fan * requested that the court rule that Li *2 should be raised by him and that Li * should pay child support.Tian Jia YanThe lawyer accepted Li *'s commission, and the first-instance court dismissed Fan *'s claim. Fan * appealed against the decision and was not satisfied with the result.

II. The focus of the case

  • Focus 1: Whether there are statutory grounds for changing the custody rights.Fan * claimed that whether Li * really suffers from mental illness and whether it affects his ability to raise the child is a matter of dispute.
  • Focus II: Li's conditions for child rearing and the interests of the children.The child has always been raised and educated normally by Li *. Should the current situation be changed?
  • Focus Three: Whether the second-instance judgment should be upheld.Is Fan's appeal reason sufficient?

III. Professional intervention by Hengluo Law Firm

The appellant (Fan * ) claimed that:Fan * appealed for a retrial to award him the custody of the child, arguing that the first-instance court unjustifiably refused to obtain Li *'s psychiatric medical records, that Li * was unfit to raise the child due to her severe mental illness, that she denied him visitation rights, and that he could provide a better environment for the child.

The appellee (Li *) argued that:Li * disagrees with the change and claims that his mental state is stable, his work income is stable, and his children have been raised and educated normally by him. Fan * once had a tendency to violence, suffered from physical disabilities, and his parents were often ill. He also sued to confirm the absence of a parent-child relationship, indicating that he is not suitable to raise children.

Hengluo Lawyer's Agency Opinion:Tian JiayanThe lawyer presented his defense in a step-by-step manner, stating that he agreed with the judgment of the first instance and disagreed with all the appellant's requests. Li * has full capacity for civil conduct. Fan * claimed that she had a mental illness but failed to prove her current condition. It was not improper for the first instance to refuse to allow the investigation; Fan *'s request for investigation was unnecessary; Fan * had a serious tendency to violence and had once applied for the confirmation of no parent-child relationship, which showed that she had no affection for the child and there were no statutory grounds for changing the custody rights. Therefore, the child was not suitable to live with her.

IV. Outcome of the case

The appellate court accepted the evidence submitted by the defendant.Tian JiayanAccording to the lawyer's opinion, Li * was determined to have full capacity for civil conduct, and Fan *'s claim of mental illness was not proven. Her request to change the custody relationship failed to provide sufficient and effective evidence to prove that Li * was unable to continue raising the child or that there were other legitimate reasons, which did not comply with the provisions of the judicial interpretation. The judgment is as follows: The appeal is dismissed and the original judgment is upheld (that is, the child born in the marriage shall be raised by Li *). Both appeals were successful, and the custody rights were preserved.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmTian Jia YanAttorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ). Hengluo Law Firm reminds: To change the custody rights, there must be statutory grounds (such as the custodian suffering from a serious illness, failing to fulfill the custody obligations, abusing the children, etc.). It is not necessarily supported just because the applicant's own conditions are better. Evidence should be provided based on the best interests of the children.

VI. Common Questions about Disputes over the Change of Custody Rights FAQ

  1. Q:How to change the child custody rights?
    A:The change can be made by agreement or through litigation, and it requires proof of legal grounds, such as the fact that the custodial parent is seriously ill, fails to fulfill their obligations, or abuses the children, which are detrimental to the children's well-being.
  2. Q:Can I regain custody of the child if the other party suffers from a mental illness?
    A:There must be sufficient evidence to prove that the other party indeed suffers from a serious mental illness and is unable to raise the child. Claims without evidence are usually not supported.
  3. Q:Can the custody rights be maintained in the second instance?
    A:If the first-instance court finds the facts clear and there is no impropriety in the other party raising the children, the second-instance court will generally uphold the first-instance judgment.
  4. Q:How is child support calculated?
    A:It is determined based on the needs of the children, the parents' ability to afford it, and the local living standards. Those with fixed incomes pay according to a certain proportion.
  5. Q:What conditions are not suitable for raising a child?
    A:Serious diseases, drug addiction, domestic violence, failure to fulfill parental obligations, and child abuse may all be considered unsuitable for direct custody of children.