[Direct answer]In the Beijing area, when both parties want custody rights, the key to increasing the chances of winning the case is to prove that direct custody by the party concerned is more in line with the best interests of the children. According to Article 1084 of the Civil Code of the People's Republic of China (effective from January 1, 2021), after divorce, the custody of children shall be decided in accordance with the principle that is most beneficial to the minor children. Children under the age of two shall, in principle, be directly raised by their mothers, and those who have reached the age of eight shall respect their true wishes. The court will comprehensively consider the ability to raise children, the living environment, the stable growth of children, and the fault of the parties. It is recommended to prepare systematically from three aspects: evidence, custody conditions, and the wishes of the children, and to entrust a lawyer to formulate a plan when necessary. For similar issues, you can refer to it for reference.Divorce litigation and family disputesColumn.

1. Problem background and typical scenarios

Such custody disputes often arise in several situations: first, when both parties have similar financial conditions and insist on direct custody; second, when the children have been living with one parent for a long time and the other parent suddenly contests custody; third, when a party with faults such as domestic violence, infidelity, or bad habits still claims custody; fourth, when grandparents are deeply involved in child-rearing and the boundaries of custody are blurred; fifth, when the parties have intense conflicts and use custody rights as a bargaining chip. When handling similar cases in the Beijing area, the court pays more attention to the children's existing stable living environment and true wishes. Abrupt changes in their life trajectories are generally not encouraged, and the court tends to maintain the children's familiar living and schooling conditions.

II. Key points of contention

Focus One: The application of the principle that is most beneficial to minor children. The court comprehensively evaluates their age, environment, and parenting abilities. Focus Two: Special rules for children under two years old and those over eight years old. Focus Three: Whether the at-fault party affects custody rights. Domestic violence and drug abuse typically result in a penalty. Focus Four: The importance of a stable living environment and existing parenting facts. Focus Five: Evidence of both parties' parenting abilities and financial conditions. Focus Six: The assisting capabilities and genuine intentions of grandparents. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking a divorce dispute handled by our firm as an example, Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son. In 2025, Zhang *hua first sued for divorce, but the lawsuit was dismissed. Later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage and entrusted our firm's lawyers to file a new lawsuit, demanding the dissolution of the marriage, custody of the child, and a 70% share of the jointly owned property. The lawyers strictly adhered to the principle of the at-fault party in the Civil Code, pointing out that Zhang *hua's violation of the marital duty of fidelity was the direct cause of the marital breakdown. At the same time, considering the child's growth environment, the parties' performance, and their ability to raise the child, they argued that it would be more in line with the principle of the best interests of minors for the child to live with the plaintiff. They also sorted out the joint debts and damages one by one. The court ultimately determined that Zhang *hua's infidelity during the marriage constituted a major fault, granted the divorce, awarded custody of the child to Wang *sheng, and supported Wang *sheng's claim for a 70% share of the jointly owned property. This case shows that systematically establishing the advantages of custody and evidence of fault is the key to winning custody rights. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (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: First, fix evidence as soon as possible to prove that the children have lived with you for a long time, such as schooling, medical treatment, and residence records; Second, collect evidence showing that the other party is unfit to raise the children, such as domestic violence, infidelity, bad habits, and diseases; Third, demonstrate stable parenting abilities, such as income, housing, and plans for spending time with the children; Fourth, respect the true wishes of children over the age of eight and avoid confronting them in front of them; Fifth, propose enforceable solutions for visitation arrangements and demonstrate a cooperative attitude. In terms of legal basis, Article 1084 of the Civil Code of the People's Republic of China stipulates the principle of maximizing the interests of minor children and age rules, and Article 1086 stipulates the right of visitation; the Civil Procedure Law of the People's Republic of China stipulates the procedures for providing evidence and witnesses' attendance in court.

5. Henglu Law Firm's Advice

Risk warning: First, economic conditions are not the only deciding factor. A stable environment and the quality of companionship are more important. Second, seizing or hiding children may be seen as harmful to the children and will result in a deduction of points. Third, the court will carefully listen to the wishes of children over the age of eight, and it is not advisable to put pressure on them. Fourth, excessive confrontation will damage one's own image. Apart from custody rights, issues such as property division, real estate transactions, creditor's rights and debts, and inheritance can be referred to separately.Property sales and construction projects,Creditor's rights and debts, and enforcement cases、Inheritance of property and division of assets、Business and contract disputes in enterprises、Beijing Henglu Law FirmThe column obtains professional support.

VI. Frequently Asked Questions

Q1: How can both parties increase their chances of winning the custody battle?

The key point is to prove that it is in the best interests of the children to be raised directly by the parent. According to Article 1084 of the Civil Code, the court shall make a judgment based on the principle that is most beneficial to the minor children. Children under the age of two shall generally live with their mothers, and those over the age of eight shall respect their wishes. Three aspects should be prepared: fixed records of the children living with the parent for a long time, collecting evidence of the other party's unsuitability for raising the children, and demonstrating stable parenting ability and living conditions. At the same time, it is necessary to avoid excessive disputes that may damage one's own image.

Q2: What evidence do I need to prepare for a custody dispute?

Four types of evidence should be collected: First, proof that the children have lived with the parent for a long time, such as kindergarten, school, medical treatment, and residence records; Second, proof of the parent's ability to raise the children, such as income, housing, and plans for companionship; Third, evidence that the other parent is not suitable for raising the children, such as domestic violence, infidelity, drug addiction, illness, and failure to fulfill obligations; Fourth, records of the true wishes of children aged eight and above. The more complete the evidence is and the better it reflects the children's stable growth, the higher the chances of winning the case will be.

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

The attorney's fees are determined based on the complexity of the case, the amount of evidence, and whether property negotiations are involved, with no uniform standard. Litigation fees are charged per case. The acceptance fee for simple custody disputes is relatively low, but if the case also involves property division, the fee will increase accordingly. It is recommended to first conduct a preliminary assessment of the custody advantages and evidence status, then decide on the budget and commissioning plan, and focus on evidence collection rather than simply making investments.

Q4: How long does a custody battle usually last?

The first-instance ordinary procedure generally lasts no more than six months, and the time may be extended if the case is complex. The second-instance procedure lasts about three months. If it involves paternity testing, service across provinces, or an investigation into the wishes of children over the age of eight, the time will be extended. Mediation often results in a settlement within a few months. The key is to prepare all the evidence of the advantages and faults in child support before filing a lawsuit, so as to reduce the repetition and delay in the trial process.

Q5: Can a child decide on custody rights when they reach the age of eight?

It cannot be decided alone, but the court will take it seriously and respect it. According to Article 1084 of the Civil Code, the true wishes of children who have reached the age of eight are an important reference for the judgment. The court will separately consult and determine whether the wishes are genuine and whether they have been improperly influenced. If one party has obvious unfavorable circumstances such as domestic violence and bad habits, even if the child expresses a preference, the court can still make a judgment that is most beneficial to the child based on comprehensive consideration.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.