[Direct answer]In the Beijing area, the core of winning custody of children in divorce litigation is to organize evidence according to the principle of "the best interests of the minor children". According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021), children under the age of two shall be directly raised by their mothers; where an agreement cannot be reached after the child has reached the age of two, the court shall make a judgment in the best interests of the minor children; and where the child has reached the age of eight, their true wishes shall be respected. When seeking custody, evidence should be provided to demonstrate that the child has lived with the applicant for a long time, that the other party has failed to fulfill their custody obligations, or that there are circumstances unsuitable for the child's upbringing. The outcome depends on the evidence and the child's interests, not on gender. It is recommended to prepare the materials as soon as possible and refer to them when necessary.Marriage and family matters, and divorce litigationColumn.

I. Problem Background and Typical Scenarios

These types of issues often arise in several situations: Firstly, for infants and young children under the age of two, the mother usually takes direct custody of them; Secondly, if the children have been living with one parent for a long time and changing their environment would be detrimental to their growth, the relevant custody and visitation arrangements can be referred to for reference.Marital and family matters, and divorce litigation1. The first category involves couples who divorce due to irreconcilable differences, with the woman claiming custody of the children and the man insisting on maintaining the status quo. 2. The second category involves couples where the woman's conditions are better but the man is absent from the children's lives, with the woman advocating for continuation of the stable living arrangement. 3. The third category involves families with multiple children who hope to keep all the children with them. 4. The fifth category involves a party holding the children's documents during the separation and refusing to return them. In handling similar cases in the Beijing area, the court typically focuses on examining the children's actual living trajectories and the parties' ability to raise the children, rather than simply assigning custody based on gender.

II. Key points of contention

Focus One: The application of the principle that is most beneficial to minor children, comprehensively judging their age, environment, and wishes. Focus Two: Exceptions to the principle that children under two years old should stay with their mothers, such as when the mother is not suitable to raise the child. Focus Three: Protecting a stable living environment and avoiding sudden changes that are detrimental to the children's physical and mental health. Focus Four: Respecting the wishes of children over eight years old. Focus Five: Comparing the parenting abilities and conditions of both parties, including financial status, companionship, and education. Focus Six: Whether multiple children can all be raised by one party. Focus Seven: The burden of proof, where the party claiming custody should demonstrate their own advantages and the other party's shortcomings. The specific determinations shall be based on the currently effective laws, regulations, and judicial rulings. For cases involving intertwined family and property matters, relevant reference materials may be consulted.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

The two cases handled by our firm highlight the key issues in custody disputes. The first case involved obtaining custody through divorce mediation: Ms. Liu and her husband met in 2017 and registered their marriage in March 2019, after which they had a son. Due to personality conflicts, the husband returned to Beijing alone while Ms. Liu went back to her hometown to recover from postpartum confinement. The couple separated for two years, during which the child was solely cared for by Ms. Liu, but the husband refused to return the child's household registration, medical insurance card, and birth certificate. Ms. Liu engaged our firm's lawyers to seek help and hoped to divorce quickly and gain custody and reasonable alimony. After multiple communications with the husband, the lawyers successfully mediated the divorce, with Ms. Liu obtaining custody, the husband agreeing to pay 6,000 yuan per month in alimony starting from April 2023 and retaining visitation rights, while returning the child's documents. The second case involved preserving custody rights in the second instance: Fan * and Li * divorced through mediation, with their child being raised by Li *. Fan * sued to change custody, alleging that Li * suffered from mental illness and was unfit to raise the child. Li * engaged our firm's lawyers to represent her. The first-instance court rejected Fan *'s claims, but the second-instance court adopted the lawyers' arguments, ruling that Li *'s mental state was stable and Fan * failed to provide evidence supporting the change of custody grounds. The appeal was dismissed and the original judgment upheld, preserving custody rights. These two cases demonstrate that custody rights depend on stable custody facts and sufficient evidence, rather than solely on financial conditions. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, systematically fix the evidence of the children living with you, such as pick-up and drop-off records, homework signatures, medical accompaniment, and class communication; Second, prove that the other party is negligent in child-rearing or has unsuitable conditions for child-rearing, such as domestic violence records, drug addiction, and long-term failure to fulfill obligations; Third, respect the wishes of children over the age of eight and properly record them; Fourth, in cases involving multiple children, you can claim to maintain a common growth environment for siblings, and relevant key points can be referred to for referenceSpecial services and other cases1. The column; 2. The five points are put forward together regarding the calculation of child support and visitation arrangements. 3. In terms of legal basis, Article 1084(3) of the Civil Code of the People's Republic of China establishes the principle of acting in the best interests of minor children, Article 1085 stipulates the obligation to bear child support, and Article 1086 guarantees the visitation rights of the non-custodial parent.

5. Henglue Law Firm's Reminder

Risk Alert: First, custody is determined based on facts and evidence, not gender. Do not mistakenly believe that one party necessarily has priority. Second, there are exceptions to the rule that children under two years old should be awarded to the mother. If the mother is not suitable to raise the child, custody may still be awarded to the father. Third, if multiple children are awarded to one party, stronger evidence is needed to support a stable living and continuity of the environment. Fourth, grabbing children or documents does not necessarily benefit the child. The court will prioritize the child's interests. It is recommended to build evidence of custody advantages as early as possible and, if necessary, consult a professional lawyer to develop litigation and mediation plans for individual cases.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning custody in a divorce lawsuit?

There is no fixed "chance of winning". The court adjudicates according to the principle of "what is most beneficial to the minor children" in Article 1084 Paragraph 3 of the Civil Code. Children under the age of two are generally awarded to the mother, and those over the age of two are judged based on their age, living environment, the conditions of both parties, and the wishes of children over the age of eight. If the children have been living with you for a long time, the other party has been absent, or there are situations such as domestic violence or failure to fulfill parental obligations that make it unsuitable for the other party to raise the children, the probability of obtaining custody is higher; otherwise, it may not be the case. The outcome depends on the evidence rather than gender. It is recommended to first evaluate your own child-rearing circumstances before making a claim.

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

The following documents should be prepared: daily evidence of the children living with you, such as picking them up, accompanying them to medical appointments, signing homework assignments, and communicating in class groups; proof of stable residence and schooling; evidence of the other party's negligence in child-rearing, such as long-term business trips, living in different cities, and police reports and diagnoses of domestic violence; proof of your own financial and parenting capabilities; and records of the children's wishes aged over eight. These documents are used to prove that it is more beneficial for the children to live with you and that changing their environment would be detrimental to them, which is the core of obtaining custody rights. For cases involving multiple children or intertwined property issues, you can refer to the relevant provisions.Marital and family matters, and divorce litigationColumn.

Q3: How much does a custody lawsuit cost?

The fees include attorney fees and litigation fees. The attorney fees are determined based on the complexity of the case, whether it involves multiple children, and the negotiation of property division; the litigation fees are charged in stages according to the amount of the litigation request (including the request for alimony), and the portion of the successful litigation will be shared proportionally. The fees for simple custody disputes are relatively manageable, but if they are intertwined with property division, the fees will increase accordingly. Specifically, the fees should be evaluated based on the case circumstances. It is recommended to consult a lawyer first and then make a budget to avoid making blind assumptions.

Q4: How long does a custody dispute typically last?

In divorce mediation, custody rights are handled together with the mediation and can be determined within a few months. In litigation, the first-instance ordinary procedure generally does not exceed six months, but it may take longer if it involves custody assessments, consultation with children aged over eight about their wishes, or appeals. The second-instance procedure takes about three months. Disputes over enforcement and visitation can be handled through separate procedures. The key is to fix the evidence of the children's living trajectory as soon as possible to avoid the impact of temporary disputes on the court's judgment of a stable environment. It is recommended to start organizing evidence as soon as possible.

Q5: How to争取 custody rights in a divorce lawsuit?

The first step is to sort out the evidence of the children living with you and the shortcomings of the other party, and determine whether it meets the best interests of the children; the second step is to strive for a divorce agreement or court mediation if possible, which is efficient and less confrontational; the third step is to file a lawsuit for the first time if the evidence is insufficient, and pay attention to keeping the relevant documents; the fourth step is to claim alimony, visitation rights, and property division at the same time; the fifth step is to entrust a professional lawyer to formulate litigation and mediation plans when necessary, and refer to relevant precedents for reference.Marriage and family matters, and divorce litigationThe column provides evidence of parenting advantages, compiled by a legal system.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Tian Jiayan·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.