[Direct answer]The process of securing custody rights can be divided into four steps. The first step is to stabilize the current situation, maintaining the children's existing living and schooling conditions during the litigation process, and refraining from transferring schools, relocating, or changing the environment through aggressive actions. The second step is to gather evidence, preparing materials based on long-term care facts, custody conditions, and the true wishes of children aged eight or above. The third step is to choose the appropriate legal procedure. If an agreement can be reached, the issue can be resolved once through a settlement or court mediation; if the other party delays or disputes intensely, the matter can be resolved through litigation to dissolve the marriage and determine the custody relationship. The fourth step is to simultaneously claim alimony. According to Article 1085 of the Civil Code of the People's Republic of China (effective January 1, 2021), the party who does not directly raise the children shall bear part or all of the alimony, with the amount and term determined by mutual agreement. If no agreement can be reached, the court will make a judgment. Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021) clarifies the age stratification and the principle of acting in the best interests of minors.Divorce litigation and family disputesThe column provides similar processing paths.

1. Problem background and typical scenarios

The consultations mainly focus on three situations: First, both parties agree to divorce, but both request that the children be raised by themselves; Second, one party firmly refuses to divorce, while the other party hopes to first determine the custody relationship; Third, the first lawsuit was ruled not to grant a divorce, and the parties are concerned that the children may have been taken away or transferred to another school by the other party when they file a second lawsuit. In the judicial practice of Beijing courts, if the first lawsuit is not granted a divorce, it is usually necessary to wait until the judgment takes effect for six months before filing a second lawsuit; However, if the parties have been separated for more than one year after the judgment refuses to grant a divorce, and one party files a divorce lawsuit again, the divorce should be granted. At this time, it is more important to maintain the stability of the children's lives and avoid creating unfavorable facts for themselves. For the follow-up issues involving the handling of property during the separation period, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

Focus One: Can the party who does not agree to the divorce be required to determine the custody relationship alone? This usually requires the dissolution of the marriage relationship as a prerequisite. Focus Two: Who actually takes care of the children during the separation period directly affects the court's judgment of the current situation. Focus Three: The evaluation of the act of unilaterally transferring the children to another school or taking them away from the original residence. Focus Four: The basis for determining the amount of child support involves the actual needs of the children, the financial capabilities of both parties, and the local living standards. Focus Five: Whether the child support can be paid in a lump sum or adjusted. Focus Six: The relationship between visitation rights and custody rights. Obtaining custody rights does not mean excluding the other party's visitation rights. Focus Seven: The conditions for changing the custody relationship after the judgment takes effect. Specific handling shall be based on the current effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the divorce dispute represented by Attorney Xiong Binrong of our firm as an example: The plaintiff, Wang *sheng, and the defendant, Zhang *hua, registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). After marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua initiated divorce proceedings first, but Wang *sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during the marriage and thus entrusted Attorney Xiong Binrong to file a lawsuit again, demanding the dissolution of the marriage, custody of the child with the plaintiff and monthly alimony payments by the defendant, division of jointly owned property, sharing of joint debts, and compensation for damages. The lawyer's strategy consisted of three layers: First, combining the court's ruling against the divorce with subsequent evidence of the affair to prove that the marriage had indeed broken down and there was no possibility of reconciliation; Second, arguing that allowing the child to live with the plaintiff better aligned with the principle of acting in the best interests of minors based on the child's growth environment, the parties' actual performance, and their ability to raise the child; Third, asserting both custody rights and property division in the same proceeding to avoid the uncertainties of multiple litigations. The court ruled that the marriage had indeed broken down and granted the divorce, deciding that the child would live with Wang *sheng and requiring Zhang *hua to pay 550 yuan per month in alimony until the child reaches adulthood, while awarding Wang *sheng 70% of the jointly owned property. This case shows that securing custody rights requires both demonstrating advantages and choosing a procedural arrangement that resolves disputes in a single step. The case was handled by Beijing Henglu 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 recommendations: 1. During the litigation process, maintain the current living arrangements of the children and seek the court's approval before making major changes such as transferring schools or relocating. 2. Specify the custody rights, child support payments, and visitation arrangements in the same lawsuit or mediation agreement to avoid lingering disputes. 3. When claiming child support, submit actual expenditure receipts for the children, such as school fees, training fees, medical expenses, and daily living expenses. 4. Clearly outline the visiting rights of the non-custodial parent, including the time, frequency, and pick-up/drop-off arrangements, to enhance enforceability. 5. Submit police reports and handling decisions promptly if the other party engages in domestic violence, gambling, or drug abuse. 6. If significant changes occur after the judgment takes effect, file a request for modification. Legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); specific adjudication standards shall be governed by currently valid laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, do not create a fait accompli by competing for or hiding children, as such actions are often deemed detrimental to the physical and mental stability of the children. Second, alimony can be claimed for adjustment at a later stage when the children's needs increase or the other party's income changes significantly, rather than being fixed in the first lawsuit. Third, mediating a divorce is usually more efficient than litigation, but the terms of the mediation agreement must be specific and enforceable, especially regarding visitation arrangements. Fourth, where the children's schooling and household registration are involved, the obligation to cooperate should be specified in the agreement or judgment. Fifth, it is better to prepare evidence early rather than late, as care records during the separation period are often the most convincing and easily overlooked materials.

VI. Frequently Asked Questions

Q1: How long does a custody case usually last?

Divorce cases subject to ordinary procedures are usually concluded within a few months after the case is filed. However, if one party does not agree to the divorce or if the case involves property appraisal and evidence collection, the timeframe will be extended accordingly. If the first judgment does not grant the divorce, the plaintiff must wait until the judgment takes effect for six months before filing a lawsuit again. The overall process may span over a year, so evidence preparation should be completed in advance.

Q2: Can we first resolve the custody issue and not proceed with the divorce process?

Generally, this is not allowed. The establishment of a custody relationship usually presupposes the dissolution of the marriage relationship, and during the continuation of the marriage relationship, both parties have the obligation to support the children. If one party wishes to determine the custody arrangements first, they can consider using mediation or a written agreement to specify the specific care methods, but a definitive judgment involving enforcement still needs to be made in the divorce proceedings.

Q3: If both parties want the child, how does the court usually rule in such cases?

The court makes a judgment based on the principle of maximizing the interests of minor children. It usually considers the stability of the children's current living and schooling conditions, the ability of both parents to accompany and care for the children, the living and educational conditions, and the true wishes of children who have reached the age of eight. In the case of two children, the court may also decide that each parent raise one child, but this is not a fixed practice.

Q4: If the other party doesn't agree to the divorce, can I still fight for custody rights?

They can claim them together. If there is insufficient evidence in the first lawsuit, the court may rule against the divorce, and the custody rights will not be dealt with at that time. When the second lawsuit is filed and the conditions for a broken down relationship are met, the custody rights, alimony, and visitation arrangements can be raised together. During this period, the child should continue to live with the party who has custody and keep the care receipts.

Q5: How should the custody provisions be written in a divorce mediation agreement?

It is recommended to specify the direct custodian, the amount of alimony, the payment method and the starting time, the specific visiting time and pick-up method, the holiday arrangements, the consultation mechanism for major matters concerning the children, and the obligation to cooperate in the transfer of household registration, school records and documents. The more specific the terms are, the easier it will be to implement and resolve disputes in the future.

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 Henglue Lawyers for specific situations.

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, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue 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.