[Direct answer]In the Beijing area, whether a person can win a child custody dispute depends on whether the following four sets of facts can be proven: the existence of a stable living and care environment for the child, the specific circumstances making it inappropriate for the other party to directly raise the child, the disparity in the parties' ability to raise the child, and whether the evidence provided by the party can form a complete chain of evidence. Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) establishes the principle of acting in the best interests of minor children, stipulating that children under the age of two shall generally be raised directly by their mothers. Where an agreement cannot be reached after the child has reached the age of two, the court shall make a judgment based on the principle of acting in the best interests of minor children. Where the child has reached the age of eight, the court shall respect the child's true wishes. In practice, the key to winning the case lies in combining the details of daily care, evidence of the other party's faults, and proof of the parties' ability to raise the child into a complete chain of evidence, rather than simply arguing over income levels.

1. Problem background and typical scenarios

Custody disputes usually occur after a couple separates or their relationship breaks down. Typical situations include: the child living with one parent and grandparents for a long time; one parent being absent for a long time due to working in a different city; the other parent having a record of domestic violence, gambling, alcoholism, or infidelity; and the two parties being unable to reach an agreement on child support and visitation rights. Many litigants believe that the key to winning the case lies in assets such as houses, cars, or savings, but in actual court rulings, the stable environment provided by continuous care carries much greater weight.Divorce litigation and family disputesThe earlier you establish a care record, the less likely you are to be at a disadvantage in litigation.

II. Key points of dispute

Focus One: The application of age segmentation rules for children, particularly the two key points of two years old and eight years old. Focus Two: Proving the continuity of daily life: records of school enrollment, medical treatment, payment of fees, and daily care. Focus Three: Whether the other party has specific circumstances that make them unfit to raise the child, which must be supported by evidence rather than mere accusations. Focus Four: A comparison of the parties' ability to raise the child, including housing, stability of schedules, and assistance from elders. Focus Five: The expression and consideration of the wishes of children aged eight or above. Focus Six: The interconnection between fault and property division, namely whether fault simultaneously affects custody rights and the proportion of division of joint property.

III. Professional analysis by Henglue Law Firm

Taking the divorce dispute represented by Attorney Li Yonghui of our firm as an example: The plaintiff, Ms. Li, and the defendant, Xu * , were graduate school classmates. They registered their marriage in early 2018 and had a son in 2021. Due to a lack of understanding before marriage, they often argued after marriage. In 2020, Ms. Li discovered that her husband had been having an affair. Despite his promise to reform, he did not change his ways. Later, he was arrested by the public security organ for soliciting prostitutes. In early 2022, he left home and separated from his wife. Ms. Li entrusted a lawyer to sue for divorce and seek custody of the child, while the defendant demanded a division of property and custody of the child. The lawyer sorted out the couple's jointly owned property and argued that the child, who was under two years old and had been living with his mother, should be directly raised by the mother. At the same time, based on the public security organ's handling of the case, he pointed out that the defendant's illegal acts during the marriage seriously violated the duty of marital fidelity and constituted a major fault leading to the divorce, entitling the innocent party to request compensation for damages. Regarding the defendant's claim that some of the real estate and parking spaces were jointly owned, the lawyer refuted it one by one based on the gift agreement and investment certificates. In the end, the court accepted the main claims and ruled that the marriage should be dissolved, the child should be raised by the mother, the defendant should pay 5,000 yuan per month in alimony until the child reaches the age of 18, and should pay the vehicle's purchase price and damages. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, establish a care record, record the pick-up and drop-off, medical treatment, tutoring, and parent-child activities on a monthly basis, and keep the relevant documents; Second, fix the stability materials of the living and studying environment; Third, if the other party is at fault, promptly save the chat records, police reports, and administrative punishment materials; Fourth, truthfully explain the guardianship conditions of the child to avoid exaggerating the income; Fifth, propose the custody rights, alimony, and visitation arrangements together to reduce the number of lawsuits; Sixth, for children aged eight or above, it is advisable to cooperate with the court's separate questioning to avoid guiding the child. Legal basis: Articles 1084, 1085, and 1079 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); the relevant provisions of the Interpretation of the Marriage and Family Chapter of the Civil Code by the Supreme People's Court (effective from January 1, 2021). For cases involving obstacles to visitation, please refer to the relevant provisions.Divorce litigation and family disputesFor matters involving the division of jointly owned property, you may refer to the following for reference.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, custody rights are determined based on the best interests of the children, not a competition of parental conditions. Secondly, continuity of life is generally valued more than income levels. Thirdly, accusing the other party of fault must be backed by evidence, otherwise it will be difficult to influence the court's decision. Fourthly, stealing or hiding children not only fails to gain support, but may also lead to adverse consequences. Fifthly, alimony and visitation rights must be specified in a clear and enforceable manner, stating the time, location, and obligations to assist. Sixthly, the threshold for a second-instance judgment to overturn the original verdict is high, making evidence preparation in the first instance particularly crucial.

VI. Frequently Asked Questions

Q1: If the other party is at fault, can I definitely win the custody rights?

Not necessarily. Fault is an important reference, but the court still uses the criterion of what is most beneficial to the minor children as the core judgment standard. Fault can support the claim that the other party is more suitable for direct custody, especially when the fault involves domestic violence, bad habits, or long-term absence of care; but it still needs to be combined with the child's age, continuity of life, and ability to raise the child for comprehensive judgment. If there is only fault without other supporting facts, the chances of winning are limited.

Q2: If the child is under two years old, is it always awarded to the mother?

This is a principle rather than an absolute rule. 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 raised directly by their mothers as a general rule. However, in special circumstances such as the mother suffering from serious diseases or disabilities, failing to fulfill her parental obligations, or when the parties have a clear agreement, the child may be raised by the father. In practice, if the child has been living with the father for a long time and the mother is indeed unfit to raise the child, the child may also be directly raised by the father.

Q3: If both the house and the car are registered under the other party's name, will this affect the chances of winning custody?

There are indirect effects. The court will compare the parenting abilities of both parties, and stable housing and proximity to schools are usually taken into account, but income and property are not decisive factors. What really affects the judgment is which party the children live with more closely and whether the living environment is stable. Property often plays a role in another way, namely, by showing favoritism to the children and the non-at-fault party in the division of joint property and the proportion of alimony payments.

Q4: How much does it generally cost and how long does it take to litigate for custody rights?

The fees are determined through consultation between the law firm and the client, and the complexity of the case depends on the scale of the property, the presence of foreign-related factors, whether there are visitation disputes, and whether appraisal and evaluation are required. Cases applying the simplified procedure are generally concluded within three months after filing, and those applying the ordinary procedure within six months. If the other party applies for property preservation or raises a jurisdiction objection, the process may be extended. It is recommended to clarify the scope of services and fee standards when entrusting the case.

Q5: If the other party refuses to let me see the child, what can I do?

First, you can collect evidence that hinders visitation, such as communication records, the specific circumstances of the other party's obstruction, and the child's actual living arrangements. Then, request the court to exercise or change the custody arrangement, and claim compensation for the obstruction of visitation rights. In practice, it is recommended to specify the visitation time, location, pick-up and drop-off methods, and assistance obligations in the mediation agreement or judgment, so that it has enforceability and avoids future disputes.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 limit. →Divorce litigation legal services·Attorney Li Yonghui·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current 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. In case of disputes, please consult a practicing lawyer in time.