[Direct answer]In the Beijing area, this opinion will be taken into account, but it's not the only deciding factor. 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 directly raised by their mothers; for children over the age of two, if the parents cannot reach an agreement on the issue of custody, the 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 children; for children over the age of eight, their true wishes shall be respected. In other words, the wishes of children over the age of eight are an important reference, but the court will still comprehensively consider factors such as the parents' ability to raise the children, the amount of time spent with them, the living and educational conditions, and the child's current stable living environment, to avoid making arrangements that are not beneficial to the children due to temporary guidance or emotional expressions.

I. Problem background and typical scenarios

In custody disputes, children's statements often hold great significance for both parties. There are typically three typical scenarios: first, when the child is over eight years old and clearly expresses the wish to live with one parent, while the other parent strongly opposes it; second, when the child is of similar age but expresses conflicting opinions, saying one day they want to live with their father and the next day with their mother; third, when one party deliberately guides the child to make a statement before the litigation or even offers material incentives to extract a "confession". When courts in Beijing handle such cases, they will not only listen to the child's opinions, but also examine whether the statements are genuine and serve the child's best interests, to avoid the child becoming a tool for adults' power struggles.

II. Key points of contention

Firstly, at what age does a child's will become legally binding? Secondly, how to determine whether a child's expression is genuine, stable, and free from undue influence? Thirdly, how to balance a child's wishes with the actual living conditions when they conflict with each other? Fourthly, in what manner should the court hear the child's opinions? Fifthly, how to handle the situation where two children each wish to live with one parent? Sixthly, how to ensure the visiting rights of the non-custodial parent after obtaining custody? These disputes often arise simultaneously and require comprehensive assessment.

III. Professional analysis by Henglue Law Firm

Based on his long-term experience in handling family law cases, Henglue Lawyer has summarized four levels of judgment. Firstly, regarding the age threshold: children under the age of two generally stay with their mothers; between the ages of two and eight, the court will make a comprehensive determination based on the principle of what is most beneficial to the minor child, with the child's opinion serving as a reference; once the child has reached the age of eight, the court should respect their true wishes, but "respect" does not mean "accepting everything without question". Secondly, regarding authenticity review: the court will pay attention to whether the child's expression is coherent and stable, whether it was made in an uninterrupted environment, and whether there was any inducement. Statements that repeatedly waver or are pressured by parents have weaker evidentiary value. Thirdly, regarding the balancing of interests: even if the child wishes to stay with one party, if that party fails to fulfill their obligation to accompany the child for a long time, has unstable living conditions, has bad habits, or has a history of domestic violence, the court may still make different arrangements. Fourthly, regarding stability priority: the current living environment of the child, where they attend school, and the closer emotional bond with which party are all highly weighted factors in practice. Sudden changes to the living environment are generally considered detrimental to the child's growth. Fifthly, regarding second and multiple children: when two children each wish to stay with different parents, the court may rule that each child stay with one parent to reduce the shock of separation, but the ultimate criterion remains the child's interests. Sixthly, regarding visitation guarantees: the party without custody rights legally enjoys visitation rights, and the court's ruling will usually specify the time and manner of visitation.

IV. Practical suggestions and legal basis

Action suggestions: First, provide evidence to prove that the child has been living with you for a long time, including schooling, medical treatment, living arrangements, and companionship records; Second, avoid inducing the child to express his/her views. Statements obtained through improper means may be questioned; Third, truthfully describe your own parenting conditions and work arrangements, and if necessary, submit a care plan assisted by cohabiting individuals; Fourth, if the child is over eight years old, you can let him/her express his/her views truthfully under professional guidance; Fifth, even if you do not obtain custody rights, you should clarify the visitation arrangements through an agreement or a judgment. For matters involving child custody and visitation, you can refer to the relevant legal provisions.Divorce litigation and family disputesFor cases involving domestic violence and personal safety, you can refer to the following resources for further information:Personal injury and medical disputesLegal basis: Articles 1084 and 1086 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), as well as 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) regarding custody issues. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the child's wishes should be heard, but it is the child's best interests that ultimately determine custody. Secondly, maintaining the child's stable life during the litigation process is more convincing than repeatedly "inculcating positions". Thirdly, situations such as domestic violence, alcoholism, and long-term absence will significantly weaken the claim for custody. Fourthly, visitation rights are statutory and should not be denied on the grounds of custody rights. Fifthly, after the judgment, it is still possible to apply for a change in the custody relationship according to the changing circumstances. In cases involving disputes over custody and visitation rights, it can be resolved throughDivorce litigation and family disputesThe service provides a comprehensive solution, which can be combined with family conflicts and personal protectionPersonal injury and medical disputesFor plates involving cross-regional enforcement and property issues, you can refer to the relevant materials for further reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If the child says they don't want to live with the other parent, will the court necessarily comply with their request?

Not necessarily. The court should respect the true wishes of children who have reached the age of eight, but this should be an important reference rather than the sole basis for judgment. Ultimately, the decision will be made based on the principle that is most beneficial to the minor children. If the child wishes to live with one party, but that party lacks sufficient companionship, has an unstable residence, or engages in undesirable behavior, the court may make the opposite arrangement. Whether the expression of the child's wishes is genuine and stable, and whether the child has been induced, are also key points of review.

Q2: At what age do children's words count as reliable?

The legal age cutoff is eight years old. Children under the age of two are generally raised directly by their mothers; between the ages of two and eight, the court will make a decision based on the principle that is most beneficial to the minor children, taking into account the circumstances of both parties, and the child's preferences will be used as a reference; for children over the age of eight, their true wishes should be respected. In practice, the older the child is and the more stable their expression, the higher the reference weight will be.

Q3: How does the court hear the child's opinions?

Generally, the presiding judge will conduct the questioning alone, and if necessary, it will be conducted in a suitable environment, with parents usually not present to reduce interference. Some courts will commission social investigations, psychological assessments, or seek opinions from schools and communities. The focus of the questioning includes who takes care of the child's daily life, who the child is closer to, and the child's schooling and living situation. If the child is induced to make a statement in an improper manner, it may be deemed untrustworthy.

Q4: If the other party commits domestic violence, will it affect the custody rights?

There will be obvious impacts. In cases of domestic violence, alcoholism, gambling, and other situations that are not conducive to the growth of children, the court will usually give a negative evaluation when determining custody rights, and tend to award custody to the party that is more conducive to the child's growth. The victim should pay attention to fixing evidence such as police reports, warning letters, injury appraisals, and diagnostic certificates, in order to support their own claims and request personal safety protection.

Q5: What should I do if I disagree with the custody arrangement in the judgment?

If the party is not satisfied with the judgment of the first-instance court, he/she may appeal within the statutory time limit; after the judgment takes effect, if the supporting party suffers from a serious illness, fails to fulfill his/her supporting obligations, abuses the children, or the children's wishes change significantly, etc., he/she may bring a separate lawsuit to request a change in the supporting relationship. If the visitation is obstructed, the party may apply to the court for the enforcement of the visitation arrangement, or bring a separate lawsuit regarding the visitation method. The request for a change shall also be reviewed based on the principle of maximizing the interests of the minor children.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations 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·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.