[Case Summary]This case involves a dispute over the change of custody rights. Ms. Shan and Mr. Wang registered their marriage in July 2015 and had a son in May 2019. They agreed to divorce in November of the same year, with the child being awarded to the father for custody. After Ms. Shan moved out in October 2021, the child has been living with Mr. Wang and his grandmother. Later, Ms. Shan sued to change the custody rights on the grounds that Mr. Wang was too busy with work, had a drinking problem, and was not suitable to raise the child. Mr. Wang entrusted Beijing Henglu Law Firm to handle the case for him.Xue Suhua、Tian Jia YanThe attorney represented that the child's living with his father has formed a stable environment and it is not appropriate to change this arrangement. The court adopted our viewpoint, ruling that the plaintiff failed to provide evidence to prove the existence of statutory circumstances for change, and dismissed his litigation request. The case acceptance fee of 25 yuan shall be borne by the plaintiff. Core disputes: Which party's custody is more conducive to the child's growth, and whether the statutory circumstances for change exist. Applicable legal provisions: Article 56 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code (I).

I. Review of the case

After the divorce, many parties are anxious about issues such as "what to do if the other party sues to change custody rights", "can the court change the custody arrangement if the child has been living with me all along", and "under what circumstances can custody rights be changed". Ms. Shan and Mr. Wang registered their marriage in July 2015 and had a son, Wang *1, in May 2019. On November 2, 2019, the couple divorced by mutual agreement at the registry office. The "Divorce Agreement" stipulated that the couple's son, Wang *1, would be raised by the father after the divorce, and the mother would not pay child support.

After their divorce, the two lived together until the end of September 2021. In October 2021, Ms. Shan moved out of the shared residence, and since then, their son, Wang *1, has been cared for by Mr. Wang and his mother. Later, Ms. Shan sued Mr. Wang in court, claiming that he was too busy with work, careless, and had a habit of alcoholism, making him unfit to continue raising the child. She also argued that she had a stable job with a good income and could provide a better environment for the child's growth.

Mr. Wang disagrees with the change, stating that the child has lived with him since birth, and has been living with him for more than half a year since Ms. Shan moved out in October 2021. This has created a stable living environment, and the change is not appropriate. He has entrusted the Beijing Henglu Law Firm to handle the matter on his behalf.Xue Suhua、Tian JiayanThe lawyer is representing this case.

II. The focus of the case

  • Focus 1: Which parent is more conducive to the child's healthy growth if the child lives with them?This is the core review standard for disputes over the change of custody rights.
  • Focus 2: Whether there are circumstances in which the legal custody relationship needs to be changed.The plaintiff needs to provide evidence that the defendant has legal grounds for being unfit to continue raising the child.
  • Focus 3: Should the existing stable living environment be maintained?Should the emotional bond and living environment of the child, who has been living with his father and grandmother for a long time, be protected?

III. Professional intervention by Hengluo Law Firm

The plaintiff (the mother) claimed that:The defendant is busy with work, careless, and has a habit of alcohol abuse, making him unfit to raise the child. With a stable income, he can provide a better growth environment for the child, and therefore requests a change in custody rights.

The defendant (father) argued that:The child has been living with his mother since birth, and has been living with her for more than half a year after Ms. Shan moved out, forming a stable environment that should not be changed. He has also entrusted a lawyer to actively defend himself in court.

Hengluo Lawyer's Agency Opinion:Xue Suhua、Tian JiayanAfter accepting the case, the lawyer promptly initiated the representation. After analysis, it was concluded that the focus of the case lies in determining which parent is more conducive to the child's growth. According to Article 56 of the Interpretation of the Civil Code on Marriage and Family by the Supreme People's Court, in terms of the parties' ability to raise the child, the plaintiff and the defendant have similar working hours and incomes. Since the divorce, although the child initially lived with both parties, after the plaintiff moved out in October 2021, the child has been living with the defendant, who is mainly cared for by the defendant and his mother, and has formed a stable living environment.

  • The child is still young, and both parties still need others to take care of them. The defendant's mother has always assisted in taking care of the child, provided a stable emotional environment, and is willing to continue to assist in the future.
  • Considering the current situation, it would be more beneficial for the child to live with the defendant, so the plaintiff's claim should be dismissed. The lawyer should assist the client in collecting and organizing evidence such as the client's job position and income status to support their case.

IV. Outcome of the case

After the cross-examination and debate in court, the court adopted our viewpoint that the parties agreed that the child would be raised by the defendant when they divorced. Although the plaintiff provided evidence during the trial, they failed to form a conclusive and sufficient chain of evidence to prove that the defendant met the legal conditions for changing the custody relationship. The plaintiff should bear the legal responsibility for failing to provide sufficient evidence, so it is impossible to determine that there was a legal change in the facts.

In summary, the plaintiff's request to change the custody relationship lacks factual and legal basis, and the court will not support it. In accordance with Article 56 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (I), the judgment is as follows: The plaintiff's request is dismissed; the case acceptance fee of 50 yuan, which has been prepaid by the plaintiff, shall be borne by the plaintiff, and 25 yuan shall be refunded to the plaintiff.

5. Henglu Law Firm's Advice

The principle of changing custody rights is to "serve the best interests of the children". Simply having a high income doesn't necessarily give an advantage. A stable living environment and parental companionship are more important. This case was handled by Beijing Henglu Law Firm.Xue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ);Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts on behalf of the client and reminds the client to pay attention to preserving evidence of companionship, care, and the other party's unsuitability.

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

  1. Q: If the other party sues to change the custody rights, how should I respond?
    A:Organize evidence based on the arguments that "it's more beneficial for the child to live with you", "the other party has not provided evidence of the circumstances for legal change", and "the child's life has already stabilized", such as care records, income certificates, and testimonies from neighbors, etc.
  2. Q: Under what circumstances will the court grant a change in custody rights?
    A:There must be legal circumstances such as one party being seriously ill, committing abuse or abandonment, failing to fulfill their duty of support, or other circumstances that are detrimental to the physical and mental health of the children. It is usually not enough to simply rely on income or subjective unfitness as grounds for terminating parental rights.
  3. Q: The child has been living with me all along. Can the other party easily get a court order to take the child away from me?
    A:Living together in a stable relationship for a long time is an important consideration. The court tends to maintain the established stable environment, unless there are statutory grounds for change.
  4. Q: Can you get custody of the child just because you earn a high income?
    A:Income is just one aspect of parenting ability. The court comprehensively considers factors such as the amount of time spent with the children, the living environment, and the emotional connection to determine what is "in the best interests of the children".
  5. Q: If the divorce agreement stipulates that the custody rights will be granted to the other party, can I still regain custody of the child?
    A:You can file a lawsuit to request a change, but you must provide evidence of the statutory change circumstances. Otherwise, the court will generally uphold the original agreement.