[Case Summary]This case is a second-instance divorce dispute. Ms. Wang and Mr. Zhang got married in 2006 and had a daughter in 2010. In the first-instance trial, the court granted the divorce but ruled that the child should be raised by Mr. Zhang. Ms. Wang appealed and entrusted Beijing Henglu Law Firm to handle the case.Wang Fangli、Xue SuhuaAttorney representation. The attorney provided evidence that the child had been cared for by the mother since childhood, that the father had had an extramarital affair and misled the child before the first-instance trial, and that the child (who had reached the age of eight) expressed a willingness to live with her mother in the second-instance trial. The court respected the child's wishes and ruled that the child should be directly raised by the mother, with the father paying 10,000 yuan in monthly alimony. The core disputes were the change in the custody ruling in the second-instance trial and the child's wishes. Applicable legal provisions: The provisions of the Civil Code on custody rights and the principle of acting in the best interests of minor children.

I. Review of the case

"Can the custody rights be changed in the second instance?" "Can the custody rights be changed if the child wants to live with the mother when they reach the age of eight?" "Does the man's extramarital affair affect the custody rights?" These are common questions often searched by divorced mothers. Ms. Wang and Mr. Zhang (a pseudonym) registered their marriage in June 2006 and had a daughter in July 2010. Later, due to a breakdown in their relationship, Ms. Wang sued for divorce in 2021, and the first-instance court granted the divorce, ruling that the child would be raised by the father and the mother would pay child support and have visitation rights. Additionally, due to the father's violation of the marital duty of fidelity, the court ordered him to pay the mother 60,000 yuan in damages and to divide the marital assets. Ms. Wang appealed against the custody rights portion of the judgment.Wang Fangli、Xue SuhuaAttorney representation.

II. The focus of the case

  • Focus 1: Can the second-instance court change the ruling on custody rights?In the first instance, the child was raised by the father, and it would be very difficult to change the judgment in the second instance.
  • Focus 2: Determining the true intentions of the children.When a child reaches the age of eight and voluntarily chooses to live with his mother, will the court respect his decision?
  • Focus Three: The impact of the man's inappropriate behavior on child-rearing.The man had an extramarital affair and misled his child in choosing a spouse before the first-instance trial.

III. The professional intervention of Hengluo Law Firm

The appellant (Ms. Wang) alleged that:Ms. Wang disagrees with the first-instance judgment on custody rights and appeals for the court to rule that the child should be raised by her. She claims that the child has been in her care since childhood, that the man once caused harm due to an extramarital affair, and that the man misled the child into making a wrong statement that he wanted to live with his father before the first-instance trial.

The respondent (the man) claimed that:The man appealed for a reduction in the discounted price of the house, refusal to pay damages, and disagreed with Ms. Wang's appeal request, insisting that the custody of the child should belong to him.

Hengluo Lawyer's Agency Opinion:Wang Fangli、Xue SuhuaAfter accepting the client's commission, the lawyer comforted Ms. Wang, communicated with her in depth, clarified the differences between the second instance and the first instance, collected evidence materials, drafted an appeal brief, and initiated the second instance. The lawyer provided evidence based on the argument that "having the child raised by the other party is not conducive to the child's growth, while having the child raised by us is more beneficial". He pointed out that the child had been taken care of by the mother since childhood, that the father's extramarital affair led to the breakdown of the marriage, and that the father took the child out to play for over a month before the first-instance hearing to mislead the child, causing the child to make statements that were not in line with his true wishes. During the second instance, the child expressed his willingness to live with his mother.

IV. Outcome of the case

The second-instance court held that the custody issue should be decided in accordance with the principle of the best interests of the minor children. Both parties sought custody rights, and the child is now eight years old and has voluntarily expressed that she wants to be directly raised by her mother. Respecting her true wishes, the court ruled that the child should be directly raised by her mother; the father should cooperate with visitation; and the alimony should be determined based on the father's income, the mother's claims, and the child's needs, with the father being ordered to pay 10,000 yuan per month until the child reaches the age of 18. The court also maintained the other appeal requests of the father that were not found to be improper in the first instance. The judgment is as follows: Maintain some items of the first-instance judgment, revoke the items related to custody, and rule that the child should be directly raised by Wang *. Zhang * shall pay alimony of 10,000 yuan per month and visit the child once a week. The second-instance appeal was successful and the judgment was changed accordingly.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Wang FangliAttorney (Practice Certificate No.: 11101201911086939, subject to the certificate issued by the judicial administrative organ);Xue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acting as an agent. Hengluo Law Firm reminds: Divorce and family matters involving minor children should prioritize the best interests of the children, fully respect the wishes of children who have reached the age of eight, and avoid harming the children due to parental conflicts.

VI. Common Questions and Answers about Child Custody in Divorce Cases in the Second Instance

  1. Q:Can the custody rights be re-judged in the second instance?
    A:Yes. If there are new facts, changes in the children's wishes, or errors in the first-instance judgment, the second-instance court may issue a different judgment, but this is more difficult than the first-instance process.
  2. Q:When a child reaches the age of eight, can the court change the custody arrangement to allow them to live with their mother?
    A:Yes. The true wishes of children who have reached the age of eight are an important consideration for the court, and their wish to live with their mother will usually be respected.
  3. Q:Does the man's extramarital affair affect custody rights?
    A:It does have an impact. Violating the obligation of marital fidelity can be considered a factor that is detrimental to the children's growth, and it will be taken into account in the determination of custody rights.
  4. Q:How is child support generally determined?
    A:According to the needs of the children, the parents' income, and the local living standard, those with fixed incomes shall pay a proportionate amount. In this case, the court determined the monthly alimony to be 10,000 yuan.
  5. Q:How is the visitation right after divorce enforced?
    A:The judgment clearly specifies the frequency of visitation, and the non-custodial parent has the right to visit the child, and the other party should cooperate with this.