[Direct answer]In the Beijing area, the core of the custody battle is to translate the principle of "what is most beneficial to the minor children" into verifiable facts. Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that children under the age of two shall be directly raised by their mothers; where the child has reached the age of two and the parties fail to reach an agreement, the court shall make a judgment in accordance with the principle of what is most beneficial to the minor children; where the child has reached the age of eight, the court shall respect the child's true wishes. There are three key points to increase the chances of winning: first, prove that you have been providing long-term stable care and have a stable living environment; second, objectively reflect the specific circumstances that make it inappropriate for the other party to directly raise the child; third, propose the child support and visitation arrangements together. The court compares the interests of the child, rather than simply the level of income.

1. Problem background and typical scenarios

Many litigants only start preparing custody materials right before filing a lawsuit, unaware that this battle actually began on the day of separation. Typical scenarios include: parents whose children have been living with one party and their elders for a long time; families where the income gap between the two parties is obvious, with one party boasting about their superior financial conditions; and the party who lacks daily companionship due to working in a different city or remarrying. The most common mistake is waiting until the trial to collect photos and receipts, at which point it's difficult to reconstruct the evidence of daily life. When handling similar cases in the Beijing area, lawyers usually advise establishing a care log as early as possible, recording and retaining the proof of pick-ups, medical visits, tutoring, and accompanying activities on a monthly basis.Divorce litigation and family disputesIn court, such continuous materials are often more credible than the statements made in court.

II. Key points of contention

The first focus is on who will directly raise the children: the court compares the degree of intimacy between the parties and the children, rather than simply comparing their incomes. The second focus is on the proof of parenting ability: including stable housing, available time, assistance from close relatives, and educational and medical resources. The third focus is on the validity of the children's wishes: the true wishes of children aged eight or above are important factors, but inducement and pressure must be excluded. The fourth focus is on specific circumstances that make it inappropriate to raise the children: long-term lack of visitation, refusal to pay child support, the existence of domestic violence or bad habits, and loss of contact. The fifth focus is on whether it is possible to break through the common practice of "one person raising one child", which depends on which party is better able to maintain the children's stable life. The sixth focus is on the standard and payment method of child support, as well as how to clarify the right of visitation.

III. Professional analysis by Henglue Lawyers

The approach of Henglue Law Firm in handling custody cases is to break down abstract principles into a set of specific facts. Taking the divorce dispute handled by He Ningning, a lawyer of our firm, as an example: Xiao Ya and Xiao Lei registered their marriage in November 2013 and had an elder son and daughter after marriage. Both children have been living with Xiao Ya. Since the birth of their eldest son, Xiao Lei has been away for a long time to run his clothing business, and the couple has been living apart for more than ten years. During this period, Xiao Ya has been solely responsible for the children's daily life, academic guidance, medical treatment, and psychological support, while Xiao Lei has failed to fulfill his obligations of support and custody. Xiao Lei first sued to request sole custody of one child, but the lawyer focused on the fact that the children have been living with their mother for a long time and have formed a stable custody relationship. The lawyer organized travel records, residence certificates, chat records, and education and medical records to argue that a sudden change would be detrimental to the children's physical and mental health. In the end, the court adopted the lawyer's opinion, broke through the balance-based judgment, mediated the divorce and granted the woman custody of both children. The man was legally obligated to pay alimony, and the credit card debt under the woman's name that the man actually used was also borne by the man. This case was handled by Beijing Henglue Law Firm.He NingningAttorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Establish a care record as soon as possible, keeping continuous records of pick-ups, medical visits, payments, and parent-child activities. 2. Focus on highlighting your own advantages, such as stable housing, proximity to schools, available time to assist with elderly care, and so on. 3. Objectively point out the other party's shortcomings, using evidence rather than accusations. 4. Claim custody rights, child support, and visitation arrangements simultaneously during litigation to avoid separate lawsuits. 5. For children aged eight or older, cooperate with the court's separate questioning and refrain from interfering with their expression. Legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), as well as the Interpretation (I) of the Marriage and Family Chapter of the Civil Code by the Supreme People's Court (effective from January 1, 2021) regarding custody and changes to custody arrangements. For cases involving minors being harmed, please refer to the relevant provisions.Personal injury and medical disputesFor matters related to family affairs as a whole, you can refer to the following for reference.Divorce litigation and family disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the core of custody rights is provable daily life, not moral judgments in court. Secondly, having a high income doesn't necessarily mean being more suitable for raising children, and continuity of companionship is valued more. Thirdly, the wishes of children who have reached the age of eight carry great weight, but artificial guidance should be avoided. Fourthly, seizing or hiding children often backfires. Fifthly, alimony and visitation rights should be specified and enforceable. Matters involving custody rights and visitation can be resolved through legal channels.Divorce litigation and family disputesConsultation.

VI. Frequently Asked Questions

Q1: Can both children be awarded to one party in a divorce?

Yes. The court will make a judgment based on the principle of putting the best interests of the minor children first. If one party has been directly raising the children for a long time, while the other party has been absent for a long time or lacks the necessary conditions, both children may be awarded to one party. It's not always the case that each child goes to a different party. The key lies in the stability of the living environment and the actual impact of the change on the children's physical and mental health.

Q2: What evidence do I need to prepare to fight for custody rights?

It usually includes records of the children living with the parent, education and medical bills, proof of residence and income, evidence of the other parent's failure to fulfill their child-rearing obligations, and a statement from the grandparents indicating their willingness to assist with childcare. For children who have reached the age of eight, the court may arrange for them to be interviewed separately. The evidence must be consistent and authentic, forming a complete chain of stable childcare arrangements.

Q3: How much does it cost to hire a lawyer to fight for custody rights?

The attorney's fees are generally determined through consultation between the law firm and the client, taking into account factors such as the complexity of the case, whether it involves property and marital separation, and whether investigation and evidence collection are required. Custody cases are often handled together with divorce and property division, and the fee structure can be chosen based on a fixed amount per case or a phased payment. It is recommended to sign a written power of attorney contract, which clearly specifies the scope of services and additional fees.

Q4: How long does a custody dispute usually last?

If the dispute between the two parties is not serious and can be mediated, the case is usually concluded within a few weeks to months; the time limit for summary proceedings is three months, and for ordinary proceedings, it is six months. If the case involves paternity testing, investigations in other regions, or a second trial, the time will be extended accordingly. Preparing custody and income evidence in advance can help shorten the trial period.

Q5: If I want to increase my chances of winning custody, where should I start?

First, start with the facts of fixed care: organize continuous records of pick-up and drop-off, medical treatment, tutoring, and parent-child activities; keep proof of stable residence and income; objectively collect evidence showing that the other party is not suitable to directly raise the child; and design a child support and visitation plan together. If necessary, hire a professional lawyer as soon as possible to evaluate and formulate evidence-gathering and mediation strategies, and focus on maximizing the interests of the child.

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

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 He Ningning·Beijing Henglue 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 you encounter disputes, please consult a practicing lawyer in time.