[Direct answer]In the Beijing area, the principle of "what is most beneficial to the minor children" is applied in custody judgments. Article 1084 of the Civil Code of the People's Republic of China stipulates that after divorce, children under the age of two shall be primarily raised by the mother; if the children are over the age of two and both parents request direct custody, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of what is most beneficial to the minor children; if the children are over the age of eight, their true wishes shall be respected. When a woman seeks custody, the key lies in proving that the children have been living with her for a long time, that her custody conditions are better, that a sudden change of environment is not conducive to the children's growth, and providing evidence of circumstances that are detrimental to the children's physical and mental health of the other party, while also claiming a reasonable amount of child support.

1. Problem background and typical scenarios

Children are the most difficult attachment to let go in divorce disputes. Women often ask: If my income is lower than that of the other party, can I still win custody? Has the child been in my care all along? Will the court take this into account? In reality, some families have long relied on mothers to breastfeed, pick up and drop off the child, take them to the doctor, and provide tutoring, with a deep emotional bond; while others may be separated by work and have the child living with their grandparents. In the judicial practice of the Beijing area, the court will comprehensively consider factors such as the child's age, past custody arrangements, and the parties' financial and caregiving capabilities to make a judgment that is most beneficial to the child.

II. Key points of dispute

First, the impact of the children's age on the principle of child support: there are different rules for children under two years old, those aged two to eight years old, and those over eight years old. Second, how to determine the previous child support facts and who has long-term responsibility for the main care obligations. Third, how to balance the parties' financial conditions and the time spent with the children, and whether a higher income necessarily gives an advantage. Fourth, how the presence of domestic violence, alcoholism, gambling, and other circumstances on the part of the other party affects the judgment. Fifth, how to determine the amount of child support and whether it is possible to claim visitation rights and arrangements at the same time.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a divorce dispute. Mr. Zhao and Ms. Liu registered their marriage in 2003, gave birth to their eldest son in 2004, and their second son in 2018. However, due to personality conflicts and frequent arguments, they separated in September 2021 and the husband sued for divorce. Ms. Liu entrusted Xue Shuhua (who acted jointly with Chai Yucheng) from our firm to defend against the lawsuit. The main disputes focused on two issues: the custody of the second son and whether the husband could claim damages for his infidelity and how to divide the marital property. The lawyers organized evidence to prove that the second son had lived with Ms. Liu for a long time and that changing his living environment would be detrimental to his growth, pointing out that abruptly changing the direct custodian would harm the minor's physical and mental health. They also submitted substantial evidence of the husband's infidelity, claiming that his behavior constituted "other major faults" as defined in Article 1091 of the Civil Code of the People's Republic of China, and that the innocent party had the right to claim damages. Based on the marital property agreement signed by the couple in 2020, they argued that the property and vehicles should be divided according to the agreement. The court ultimately granted the divorce, ruling that the second son would be directly raised by Ms. Liu, that Mr. Zhao would pay 3,000 yuan per month in alimony and enjoy visitation rights, and that Mr. Zhao would separately compensate Ms. Liu 50,000 yuan. The property and vehicles would be handled in accordance with the agreement. This case shows that the key to winning custody rights lies in providing evidence to demonstrate a "stable living environment" and claiming alimony, visitation rights, and property division simultaneously. The case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, fix the evidence that the children live with you, including birth certificates, vaccination records, medical bills, and communication records with the school and the class teacher; Second, prove your own care conditions, such as stable housing, working hours that can accommodate companionship, and the willingness of grandparents to assist in care; Third, obtain evidence of the other party's unfavorable circumstances for the children, such as domestic violence police reports and records of alcoholism and gambling; Fourth, properly fix the written wishes of children over the age of eight; Fifth, claim alimony and visitation arrangements when suing. For disputes over custody and visitation, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesAndPersonal injury and medical disputesLegal basis: Articles 1084, 1085, and 1091 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, children under the age of two are generally raised by their mothers, unless there are circumstances where the mother is not suitable to raise the child. Second, income is not the only criterion; stable companionship and care are often given greater emphasis. Third, the wishes of children over the age of eight will influence the court's decision, but this is not an absolute requirement. Fourth, alimony can be requested to be paid monthly, or it can be claimed as a lump sum or adjusted proportionally. For claims involving custody and alimony, the parties can resolve the matter through mediation or litigation.Divorce litigation and family disputesThe service provides a comprehensive solution, which can be referenced when dealing with the intertwined issues of family property and inheritance.\nInheritance of property and division of family assetsFor claims involving injuries caused by domestic violence, the parties may refer to the following provisions:Personal injury and medical disputesFor those involved in the mixing of corporate equity and family assets, please feel free to consult usBusiness and contract disputes in enterprises.

VI. Frequently Asked Questions

Q1: If the woman's income is lower than the man's, can she still win custody of the children?

Yes. The court adjudicates cases based on the principle of maximizing the interests of minor children, and financial conditions are just one of the comprehensive consideration factors. If the children have been living with the mother for a long time, the mother has a stable residence and sufficient time to care for the children, and the other party has circumstances that are not conducive to the children's well-being, the mother may still obtain direct custody rights. The income gap can be balanced through adjustments to child support payments.

Q2: If a child is under two years old, does the custody always go to the mother?

In principle, the child is directly raised by the mother. According to Article 1084 of the Civil Code of the People's Republic of China, children under the age of two shall, in principle, live with their mother. However, if the mother suffers from a chronic infectious disease that cannot be cured, or fails to fulfill her obligation to raise the child despite having the ability to do so, the child may be awarded to the father for raising. The court's determination shall prevail in individual cases.

Q3: What evidence do I need to prepare to fight for custody rights?

The following materials can be prepared: the child's birth medical certificate and household registration materials; daily records of living with the child, medical treatment and school admission receipts; proof of the child's residence and income, working hours; a statement of assistance from the grandparents; unfavorable evidence of domestic violence, alcoholism, and gambling on the part of the other party; and the written wishes of children aged eight and above. The more complete the evidence is, the more persuasive it will be.

Q4: How much is the average alimony payment?

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 at a rate of 20% to 30% of their total monthly income. For those supporting more than two children, the alimony may be appropriately increased, but generally not exceeding 50%. In this case, the court ordered the payment of 3,000 yuan per month and granted the right of visitation.

Q5: What should I do if the other party refuses to allow me to visit them?

The right to visitation is protected by law. The parties may first negotiate to determine a fixed time and method for visitation. If no agreement can be reached, they may request the court to specify the visitation arrangements in the judgment or mediation. If the other party refuses to cooperate, they may apply for compulsory enforcement. If the visitation is detrimental to the physical and mental health of the children, they may separately request to suspend it, and resume it after the circumstances disappear.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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. If a dispute arises, please consult a practicing lawyer in a timely manner.