[Direct answer]The key point is to prove that it is more beneficial for the children's growth to be raised by the parent who has custody. According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China, the court shall make a judgment based on the principle that is most beneficial to the minor children. The main evidence includes: proof of the children's living and studying with the parent who has custody, daily care and medical records, the parent's stable income and living conditions, evidence of the other parent's negligence in fulfilling his or her obligations or the existence of unfavorable factors, and the true wishes of children who have reached the age of eight. When handling similar cases in Beijing, judges pay more attention to the continuity and stability of custody rather than simply the amount of income. It is recommended to consciously fix evidence before disputes arise to avoid having to provide materials at the last minute.

I. Problem Background and Typical Scenarios

In common situations, both parties claim to have direct custody of the child. One party emphasizes income and housing, while the other party emphasizes long-term companionship and actual care. There are also cases where the child has been raised solely by one parent for many years after the couple's separation. In the judicial practice of the Beijing area, the court will review the child's current living and learning environment, the parents' care time and ability, the situation of intergenerational care, the child's physical and mental health, and the child's wishes, and comprehensively determine whether changing the environment would be obviously detrimental to the minor.

II. Key points of contention

The disagreements focus on four points: First, how to determine the actual custody situation and how to assess the form and probative force of evidence; Second, which is more important, financial conditions or parental involvement, and whether income alone should be the deciding factor; Third, how to provide evidence if the other party has bad habits, domestic violence, or neglects the children; Fourth, the verification method and credibility of the children's wishes when they reach the age of eight. Courts usually do not make a decision based on a single factor, but instead comprehensively evaluate who can provide a more stable and beneficial growth environment for the children.

III. Professional analysis by Henglue Law Firm

In a divorce dispute handled by Henglue Law Firm, the evidence presented directly influenced the custody outcome. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son. In 2025, Zhang *hua filed for divorce but was denied by the court. Two months later, Wang *sheng discovered that Zhang *hua had been having an extramarital affair during their marriage and thus entrusted attorney Xiong Binrong of our firm to file for divorce again, seeking to dissolve the marriage, grant custody of the child to Wang *sheng, divide 70% of the marital assets, share joint debts, and claim damages. Attorney Xiong, on the one hand, organized the evidence related to the previous court's denial of the divorce and proved that the marital relationship had indeed broken down and there was no possibility of reconciliation. On the other hand, he focused on providing evidence regarding custody conditions, submitting materials on the child's growth environment, the parties' care performance, and their ability to raise the child, arguing that direct custody by Wang *sheng would better comply with the principle of acting in the best interests of the minor child. At the same time, he closely followed the provisions of the Civil Code regarding the care of children, the rights of women and the innocent party, pointing out that Zhang *hua had violated the marital duty of fidelity and was the direct cause of the marital breakdown. The court ultimately ruled that Zhang *hua's infidelity during the marriage constituted a major fault, granting the divorce, awarding custody of the child to Wang *sheng, and ordering Zhang *hua to pay 550 yuan per month in child support. It also supported Wang *sheng's claim to 70% of the marital assets. This case shows that the custody dispute is essentially an evidence-based battle, with stable and continuous evidence of custody and evidence that is unfavorable to the other party being the most crucial. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, collect proof of residence where the children live with you, school attendance and pick-up records, medical treatment and vaccination records; Second, organize daily expense receipts, photos of parent-child activities, and communication records to demonstrate continuous care; Third, prepare proof of income, property ownership, and family members' assistance in caregiving; Fourth, fix evidence of the other party's negligence in caregiving or existence of bad habits; Fifth, the wishes of children aged eight or above can be fixed in writing or through appropriate means. For cases involving custody rights and divorce, you can refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesLegal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021), and the relevant provisions 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 (which came into effect on 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, the evidence should serve the continuity and stability of child-rearing, rather than simply piling up materials. Secondly, financial conditions are not the decisive factor. Actual companionship and care are often more convincing. Thirdly, the method of obtaining evidence should be legal. Evidence obtained by illegally installing equipment or invading others' privacy may not be accepted. Fourthly, if there are significant changes in the situation after the judgment takes effect, the parties may file a lawsuit to change the custody relationship. For the overall handling of family disputes, they may seek help through legal means.Divorce litigation and family disputesThe service has received support, and cases involving the protection of minors' rights can be combined with it.Special services板块。

VI. Frequently Asked Questions

Q1: What is the most crucial evidence in the fight for custody rights?

The most crucial thing is to provide evidence that demonstrates the continuity and stability of child-rearing, including proof of the children's long-term residence and schooling with the parent, records of daily care and medical bills, as well as the parent's stable living and care arrangements. The court places greater emphasis on the actual situation of child-rearing rather than mere financial conditions or verbal promises.

Q2: If my income is lower than the other party's, can I still fight for custody rights?

Yes. Financial conditions are just one of the factors to be considered. The court pays more attention to who can provide a stable and continuous growth environment and practical care for the children. If one party has been accompanying the children for a long time and the children have formed stable living and learning habits, even if their income is slightly lower, they may still obtain custody rights, but they need to prove their basic ability to support the children.

Q3: If the child is eight years old, will their wishes be taken into account?

It will be given priority consideration. According to the law, if the child is over eight years old, their true wishes should be respected. The court may verify their wishes through individual interviews or other means to avoid being influenced by either party. The child's wishes are not the only basis for decision-making. The court still needs to comprehensively evaluate the conditions of both parties' child-rearing abilities, but the child's wishes usually have a significant impact on the decision-making process.

Q4: How to prove that the other party is not suitable to raise a child?

You can submit evidence showing that the other party has such bad habits as domestic violence, gambling, and drug addiction, has failed to fulfill their child-rearing obligations for a long time, or suffers from serious illnesses or cannot be cared for in another place. Such evidence includes police reports, punishment decisions, medical records, and communication records. The evidence must be obtained legally to avoid infringing on privacy. A unilateral statement alone is not sufficient to support the claim, and it needs to be corroborated by other evidence.

Q5: If custody has already been granted, can it still be changed?

Yes. If the custodial parent suffers from a serious illness, loses the ability to provide custody, abuses the children, or there are obvious circumstances that are detrimental to the children's growth, the other party may sue to request a change in the custody relationship. The change should be based on the children's interests, and the party needs to provide corresponding evidence. After the court verifies the facts, it will make a judgment according to law.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits.Divorce litigation legal services·Attorney Xiong Binrong·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. In case of disputes, please consult a practicing lawyer in time.