[Direct answer]In the Beijing area, the role mainly manifests itself in three aspects: providing evidence, formulating strategies, and negotiating. Article 1084(3) of the Civil Code of the People's Republic of China stipulates that if the parents of a child who has reached the age of two cannot reach an agreement on the issue of child custody, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle that is most beneficial to the minor child; if the child has reached the age of eight, the court shall respect his or her true wishes; and if the child is under the age of two, the principle of direct custody by the mother shall be applied. The value of a lawyer lies in transforming the daily facts of child custody into evidence that can be accepted by the court, organizing materials around the child's growth environment, parenting ability, and the child's wishes, and designing enforceable arrangements for child support and visitation during mediation. The outcome of the case often depends on whether the evidence organization is systematic.

I. Problem background and typical scenarios

When a couple's relationship breaks down, who gets custody of the children is often the most contentious issue. Common scenarios include: one party working away from home for a long time, with the children actually being cared for by the other party; both parties having been separated for many years, each claiming the advantage in raising the children; the child being over eight years old, and both parties hoping to win the child's support for their custody claim; one party claiming to be more suitable for raising the child because of the other party's higher income. When courts in the Beijing area handle such cases, they usually do not simply compare income levels, but instead examine who has formed a stable living and emotional connection with the children.

II. Key points of dispute

First, how to translate the principle of "the best interests of minor children" into specific consideration factors. Second, the methods and weights of proving the wishes of children aged over eight. Third, how to prove the parties' ability to raise children (economic conditions, time, living conditions, and health status). Fourth, whether the stable relationship formed through long-term actual child-rearing can counteract economic advantages. Fifth, how to determine the calculation standards and payment methods of child support. Sixth, whether the custody rights can be changed after they are determined, and what conditions need to be met for the change. These disputes determine the priority of evidence preparation.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm represented the man in a divorce dispute. Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter together. In August 2024, they separated due to marital discord, and in September 2025, Ms. Li filed for divorce, claiming that the child should be raised by her, that the man should pay 20,000 yuan per month in alimony starting from the date of separation, that the car should belong to her, that the stock trading funds should amount to 2.67 million yuan, and that she should receive 100,000 yuan in economic compensation. At the court hearing, she also added a claim for a loan of 1 million yuan. Facing such disparate claims, Henglue Law Firm adopted a strategy of prioritizing mediation and supplementing with litigation: on the one hand, it required the other party to provide evidence for each claim, pointing out that the economic compensation and loan lacked factual and legal support; on the other hand, it proposed an enforceable solution that balanced the interests of both parties in custody and visitation, acknowledging the reasonableness of the woman directly raising the child while insisting on clear arrangements for the man to pick up the child for overnight visits every month. Under the court's mediation, the parties reached a settlement: the marriage was dissolved, the child born in the marriage would be raised directly by the woman, the man would pay 20,000 yuan per month in alimony, the man would obtain clear rights to pick up the child for overnight visits every month, and each party would bear the responsibility for the vehicles and property debts under their own names. The woman would pay 500,000 yuan to the man within the agreed time limit. This case shows that custody cases are not just about who gets the child, and the linkage design of visitation arrangements, alimony, and property disposal is also crucial. This case was handled by Beijing Henglue Law Firm. 恒略律师在一宗离婚纠纷中代理男方。李女士与刘先生于2012年登记结婚，育有一女。2024年8月，双方因感情不和分居。2025年9月，李女士起诉离婚，主张子女由其抚养、从分居之日起每月2万元抚养费、车辆归属、炒股资金267万元、经济补偿10万元，并在庭审中临时追加100万元借款诉求。面对金额悬殊的诉求，恒略律师采取调解为主、诉讼为辅的策略：一方面围绕对方主张逐项要求举证，指出经济补偿与借款缺乏事实与法律支撑；另一方面在抚养与探视上提出兼顾双方的可执行方案，既认可女方直接抚养的合理性，又坚持明确男方每月接走过夜的探视安排。经法院主持，双方当庭达成调解：解除婚姻关系，婚生女由女方直接抚养，男方按月支付抚养费2万元，男方取得明确的每月接走过夜探视权，各自名下车辆与财产债务各归各承担，女方于约定期限内向男方支付50万元。该案表明，抚养权案件并非只争归谁，探视安排、抚养费与财产处理的联动设计同样关键。本案由北京恒略律师事务所代理。Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: Firstly, systematically collect evidence showing that the children live with you, including school certificates, medical records, photos of daily care, and chat records; Secondly, organize proof of your stable income, living conditions, and family members' assistance in raising the children; Thirdly, for children over the age of eight, pay attention to fixing their true intentions in an appropriate way; Fourthly, do not launch emotional attacks on the other party's ability to raise the children, and focus on providing evidence based on facts. For divorce and custody disputes, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesFor cases involving the intertwining of family property and inheritance, you can refer to the following provisions:Inheritance of property and division of family assetsLegal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and Articles 44 to 57 of the Interpretation (I) 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 (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, custody rights are not about who has more money, but about who has formed a stable and continuous care relationship with the child. Secondly, evidence preparation should follow a timeline. Scattered screenshots are far less convincing than systematic records. Thirdly, claims for child support should be based on the actual needs of the child and the other party's ability to afford it. Exaggerated claims are likely to be reduced. Fourthly, visitation rights should also specify the time, frequency, and pick-up and drop-off methods. Otherwise, it will be difficult to enforce them later. For disputes involving custody and visitation rights, they can be resolved through mediation or litigation.Divorce litigation and family disputesFor a comprehensive solution to service needs involving children's education and medical expenses, you can refer to the following information for reference.Personal injury and medical disputesFor the column, those related to sorting out family assets and debts can be combined togetherCreditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: When deciding child custody in a divorce, what are the main factors that the court considers?

According to Article 1084 Paragraph 3 of the Civil Code, the principle of acting in the best interests of the minor children shall be applied in making a judgment, taking into account the children's age, long-term living environment, the parents' ability and willingness to raise the children, their health conditions, and the children's true wishes. In practice, the party who has been actually raising the children for a long time and can provide stable learning and living conditions usually has an advantage. Simply having good financial conditions is not enough to determine custody.

Q2: The child has reached the age of eight. To what extent can their wishes be taken into account?

The law clearly stipulates that the child's true wishes should be respected. The court will usually ask the child directly or gather information through appropriate means, but the court will not make a judgment solely based on the child's opinion. Instead, it will consider which party is more conducive to the child's growth. Lawyers can assist in securing evidence of the child's wishes through standard procedures such as school, community, or court hearings, to avoid being accused of coercing the child.

Q3: If one party's income is significantly higher, is it easier for them to obtain custody rights?

Not necessarily. The court compares the comprehensive child-rearing ability, including the time spent with the child, living and educational conditions, family support systems, and emotional connections with the child. A person with a high income but who is frequently on business trips and does not actually participate in childcare may not necessarily have an advantage. The other party can organize evidence around the actual facts of childcare and a stable environment to form a strong defense.

Q4: What is the general standard for calculating child support payments?

According to Article 1085 of the Civil Code, the amount of alimony can be determined based on the actual needs of the children, the parents' ability to bear the costs, and the local actual living standards. It is usually 20% to 30% of the total monthly income; for those supporting more than two children, the amount can be appropriately increased, but generally not exceeding 50%. For those with no fixed income, the amount can be determined based on the average income level in the same industry or in the local area.

Q5: Can the custody rights be changed after they have been determined?

Yes. If the direct custodian suffers from a serious illness, fails to fulfill his or her custody obligations, abuses the children, or is indeed detrimental to the children's growth for other reasons, the other party may request to change the custody relationship, and the court will review it again in accordance with the principle of what is most beneficial to the minor children. It is recommended to promptly fix the evidence of the other party's failure to fulfill his or her custody obligations, such as medical records, abnormal school records, and communication certificates.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific matters.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.