[Case Summary]This case is a family dispute arising from a change in custody rights after divorce. Ms. Zhang and Mr. Liu were divorced by court judgment in 2020, and it was agreed that their daughter, Liu *1, would be raised by Ms. Zhang. Later, due to the fact that the two children were still young, the two parties agreed to exchange custody, and Liu *1 was raised by Mr. Liu, who was working abroad. After the divorce, Mr. Liu repeatedly obstructed Ms. Zhang's visitation rights, while Liu *1, who had reached the age of 8, repeatedly expressed her willingness to live with her mother. Ms. Zhang entrusted Beijing Henglu Law Firm to handle the case for her.Chen Mei'oThe lawyer (acting jointly with Attorney Liu Jiawei) filed a lawsuit to change the custody rights. The lawyer organized evidence based on the children's wishes, the father's inability to care for them due to long-term overseas work, and the mother's stable living conditions. In the end, the court ruled that Liu *1 would be raised by Ms. Zhang, and Liu * would pay 4,000 yuan per month in alimony until the child reaches the age of 18. The core dispute: the determination of the wishes of children who have reached the age of eight and the statutory conditions for changing the custody relationship. Applicable laws: the provisions of the Civil Code on changing the custody relationship and the principle of acting in the best interests of minor children.

I. Review of the Case Facts

In the "How to change the child custody rights"I want to go to the beach with my friends this weekend."The child wants to live with his mother, but the custody rights are with his father. What should he do in this situation?"I want to see the doctor."Can children over the age of eight choose who they want to live with on their own?Behind these high-frequency searches lies a tug-of-war within a family. Ms. Zhang and Mr. Liu were once married, but they divorced in 2020 through a court judgment. At that time, the court ruled that their biological child, Liu *1, should be raised by Ms. Zhang, while their second child, Liu *2, should be raised by Mr. Liu. However, considering that Liu *2 was just over a year old and still in the breastfeeding period, Ms. Zhang was forced to exchange the custody rights with Mr. Liu due to the young age of the two children, which resulted in Liu *1 being raised by Mr. Liu. Since birth, Liu *1 has been cared for by Ms. Zhang full-time at home, and the two have a very deep bond. After the divorce, Mr. Liu repeatedly obstructed Ms. Zhang's visitation rights during the process of caring for Liu *1, and Ms. Zhang could only seek help from Mr. Liu's workplace to arrange meetings with the child. At one point, Liu *1 strongly expressed the desire to live with Ms. Zhang for a long time. Considering that the child frequently expressed the wish to live with her and that the child's father was often working abroad, Ms. Zhang wanted to gain custody of Liu *1 so that the child could live with her, but Mr. Liu firmly refused. Out of desperation, Ms. Zhang entrusted Henglu Law Firm to handle the case for her.Chen Mei'eThe lawyer, Liu Jiawei, is handling the lawsuit and hopes to secure custody of the child.

II. The focus of the case

  • Focus 1: Whether the legal conditions for changing the custody relationship are met.The key issue is whether the current guardian is detrimental to the physical and mental health of the children, and whether the change would better serve the interests of the minor children.
  • Focus II: How to determine and accept the true wishes of children who have reached the age of eight.Liu *1 has repeatedly expressed his willingness to live with his mother, and his wishes have a significant impact on the arbitration decision.
  • Focus Three: Determination of the amount of child support.It should be determined based on the parents' affordability, the actual needs of the children, and the local living standards.

III. Professional intervention by Hengluo Law Firm

The plaintiff originally claimed that:Ms. Zhang claimed that Liu *1 has been taken care of by her full-time since childhood and they have a deep affection for each other. Now, Liu *1 has been working abroad for a long time in a remote and harsh environment, with no time to accompany her, and has repeatedly obstructed her visitation rights and controlled the child's contact with her mother. Liu *1 has reached the age of 8 and has repeatedly expressed her willingness to live with her mother. She requests that Liu *1 be transferred to her custody, and that Liu *1 pay monthly child support.

The defendant (father) argued that:Liu * firmly disagrees with Ms. Zhang's proposal to change the custody rights, believing that the current custody arrangement does not need to be changed.

Legal Opinion from Hengluo Law Firm:After receiving the commission,Chen Mei'eThe lawyer immediately began working on the case and learned that Liu * had been engaged in high-speed rail construction for a long time, working in a remote and harsh environment, with little time to spend with his child, Liu *1. Even before the lawsuit was filed, he had not accompanied or cared for the child, instead entrusting the child to others for foster care. After Liu * went abroad, he refused to cooperate with the woman in exercising her visitation rights, controlled the child, and prevented him from contacting his mother; the child had never left the woman before. The lawyer believes that the above situation is clearly not conducive to the child's growth. Now that Liu *1 has reached the age of 8 and has repeatedly expressed the desire to live with his mother, and his living and learning conditions are relatively stable, Ms. Zhang has a fixed income in Beijing, and his mother, Ms. Zhang, is willing to take care of Liu *1 and provide financial support. Therefore, in order to better accompany and care for the child and ensure his physical and mental health, the lawyer requests the court to respect the child's wishes, award custody of Liu *1 to Ms. Zhang, and order Liu * to pay monthly child support of 4,000 yuan until the child reaches the age of 18.

IV. Outcome of the case

After the trial, the court adopted the opinions and demands of Henglue Law Firm. The court held that after divorce, parents still have the obligation to support and educate their children; regarding the issue of child support, it should be considered from the perspective of benefiting the children's physical and mental health and protecting their legitimate rights and interests, taking into account the specific circumstances of the parents' ability and conditions to support the children. The plaintiff's request to change the custody relationship is in accordance with relevant legal provisions and should be supported; based on the parties' ability to bear the cost, the actual needs of the children, and the local living standards, the alimony claimed by the plaintiff is also in accordance with legal provisions and should be supported. In summary, the judgment is as follows: Liu *1, the daughter of Zhang * and Liu *, shall be raised by the plaintiff, Zhang *. From the date when Liu *1 lives with the plaintiff, the defendant, Liu *, shall pay 4,000 yuan of alimony to the plaintiff every month until Liu *1 reaches the age of 18.

5. Henglu Law Firm's Reminder

Changing custody rights is not an easy task. It will only be supported under statutory circumstances such as the custodian being detrimental to the child's growth, and the wishes of children who have reached the age of eight will be given special consideration. This case was handled by Beijing Henglu Law Firm.Chen Mei'aoThe lawyer (practice license number: 11101201911105336, subject to the document issued by the judicial administrative organ) acts as the agent. It is recommended to retain relevant evidence such as visitation and parenting ability in the divorce and custody arrangements. When one party is no longer suitable to continue custody, it is necessary to promptly entrust a professional lawyer to collect and organize evidence with the best interests of the children as the core.

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

  1. Q: The child has reached the age of eight. Can he/she choose to stay with his/her father or mother?
    A:For children who have reached the age of eight, the court will respect their true wishes when changing or determining the custody relationship, but whether to change it still requires a comprehensive judgment of which party is more conducive to the child's growth.
  2. Q: If the other party doesn't allow me to see the child, can I use this as a reason to request a change in custody rights?
    A:Obstructing visitation does not necessarily constitute a direct reason for a change in custody, but long-term control of the child and its adverse impact on the child's physical and mental health can serve as an important factual basis for requesting a change in the custody relationship.
  3. Q: After the divorce, I realized that the other party is not suitable to raise the child. How can I sue to change the custody rights?
    A:It is necessary to prove that the current guardian's circumstances are detrimental to the children's physical and mental health, and to provide evidence that their own guardianship conditions are better. Then, they should file a lawsuit to change the guardianship relationship with the court that has jurisdiction over the case.
  4. Q: After the change of custody rights, how much alimony will the other party have to pay?
    A:The alimony shall be determined based on the actual needs of the children, the parents' ability to bear the expenses, and the local living standards. For those with fixed incomes, the alimony shall generally be paid in proportion until the children reach the age of eighteen.
  5. Q: Does raising a child across national borders or in a different location have any impact on the modification of custody rights?
    A:The fact that the custodial parent is permanently abroad or in a different location and is unable to physically accompany and care for the children will be considered a factor that is detrimental to the children's growth, which will help the other party argue for a change in custody arrangements.