[Direct answer]The child has reached the age of ten, and the custody rights should be granted in accordance with his/her true wishes. According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the parents of a child aged two or above cannot reach an agreement on custody, the court shall make a judgment based on the principle of maximizing the interests of the minor child; if the child has reached the age of eight, his/her true wishes should be respected. Since the child has exceeded the threshold of eight years old, the court usually obtains the child's views through face-to-face interviews and visits to schools, etc. However, the child's wishes are only an important reference rather than the sole criterion, and the court still needs to make a comprehensive judgment based on the child's ability to be raised, the continuity of his/her life, and the stability of his/her schooling. In the judicial practice of Beijing courts, particular importance is attached to the continuity of the child's current living environment. It is recommended to fix the evidence of custody as soon as possible and refer to it when necessary.Marriage and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

These types of issues often arise in several situations: First, in divorce litigation, both parties claim custody of the child, who is already in elementary or middle school. The court needs to understand their true intentions. Second, in cases of divorce by agreement, when the parties verbally agree on custody but one party later regrets it and wants to revoke the agreement. Third, after a period of time following the divorce, the child expresses a clear desire to live with the other parent, leading to disputes over custody changes. Fourth, when grandparents have been helping to raise the child for a long time, the elderly's opinions may conflict with the child's wishes. Fifth, when the other party "bribes" the child with high material conditions to express their preference, the other party may question the authenticity of the child's intentions. When handling similar cases in the Beijing area, the court usually arranges for the presiding judge to communicate with the child alone to avoid parents' presence and pressure, and to verify whether the expression of the child's wishes is voluntary. For issues involving the payment and enforcement of alimony, reference can be made to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of dispute

Focus One: The legal status of the wishes of children aged eight and above should be respected according to law, but respect does not mean accepting everything. The court will still set the highest standard of acting in the best interests of the minor children. Focus Two: The authenticity of the wishes. If the statements are made under the inducement, bribery, or pressure of one party, the court will carefully screen them and, if necessary, use psychological assessments to assist in judgment. Focus Three: Comparison of parenting abilities and conditions, including economic income, time spent with the child, living conditions, and education planning. Focus Four: Protection of continuity of life. It is not conducive to the child's growth to suddenly change the living environment after long-term stable life with one party. Focus Five: The value of a common growth environment for siblings. Focus Six: The wishes of the child will carry greater weight in the event of a change in the custody arrangement. The specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking a divorce dispute handled by our firm as an example, we can observe the overlapping effects of the child's wishes and the actual custody situation. Xiaoya and Xiaolei registered their marriage in November 2013 and had an eldest son (born in 2015) and an eldest daughter (born in 2018), both of whom lived with Xiaoya. Xiaolei has been running a business outside the home for a long time, and the couple has been separated for over ten years without fulfilling their custody obligations. Xiaoya entrusted our lawyers to sue for divorce and claimed that both children should be raised by her, while Xiaolei preemptively sued to request "one child raised by each parent". The lawyers gathered evidence such as travel records, residence certificates, and the children's education and medical records to prove that there was no communication during the separation and that the father neglected his custody duties. Citing Article 1084 Paragraph 3 of the Civil Code, they argued that the children had formed a stable custody relationship with their mother over a long period of time, and that a sudden change would be detrimental to their physical and mental health. Ultimately, they broke through the "one child raised by each parent" convention, mediated the divorce, and granted the woman custody of both children, with the man legally paying child support. In another case handled by our firm, the woman sued for divorce twice. Her daughter, who had reached the age of eight, clearly expressed her wish to live with her mother. The court ruled to grant the divorce and award custody to the woman, with the man obligated to pay child support and the woman receiving over 2.3 million yuan in her share of the marital assets, confirming the importance of the child's wishes over the age of eight in judicial decisions. This case was handled by Beijing Henglu Law Firm.He NingningThe attorney (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, fix daily evidence of children living with you, such as pick-up and drop-off records, signing homework, accompanying children to the doctor, and communicating in class groups; Second, keep school certificates and proof of stable residence to demonstrate the continuity of the living environment; Third, respect children's wishes and pay attention to their natural expressions, never induce or record them under pressure, which may invalidate the evidence; Fourth, collect materials showing the other party's neglect of child-rearing or unsuitability for child-rearing, such as long-term separation and domestic violence police reports; Fifth, claim both the amount of alimony and visitation arrangements at the same time to facilitate a one-time resolution. In terms of legal basis, Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China establishes the principle of maximizing the interests of minor children and clearly stipulates that the wishes of children aged eight or above should be respected; Article 1085 stipulates the burden of alimony; Article 1086 stipulates the right of visitation; The Interpretation of the Civil Code on Marriage and Family (I) issued by the Supreme People's Court on January 1, 2021, provides detailed provisions on soliciting children's opinions and custody attribution. Relevant document highlights can be referred to.Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Alert: First, the wishes of a 10-year-old child are important, but it's not a case of "the child wants to be awarded to whoever they want". The court will still review whether the wishes are voluntary and whether the conditions for custody are met. Second, inducing or bribing a child to express their wishes may backfire, and the child may be deemed unfit to be raised. Third, seizing or hiding the child to create a fait accompli not only makes it difficult to gain points, but may also be deemed detrimental to the child. Fourth, once custody rights are determined, they are not immutable, but require statutory grounds. It is recommended to build a chain of evidence demonstrating parental custody advantages as early as possible, and to seek legal advice when necessary.Beijing Henglue Law FirmOn the official website, similar columns are developed by professional lawyers to provide solutions.

VI. Frequently Asked Questions

Q1: If a 10-year-old child says they want to live with one parent, will the court award custody to that parent?

We cannot determine the child's custody based solely on the child's words. According to Article 1084 Paragraph 3 of the Civil Code, the true wishes of children who have reached the age of eight should be respected. However, the court will ultimately make a comprehensive judgment based on the principle of what is most beneficial to the minor child, and will also examine whether the wishes are voluntary, the ability to raise the child, the continuity of life, and the stability of schooling, etc. In the judicial practice of Beijing courts, the child's wishes are an important reference. If one party has been directly raising the child for a long time and the environment is stable, and the child clearly wishes to live with them, there is a significantly higher likelihood of the child being awarded to that party; conversely, if the child only expresses their wishes but the conditions for raising the child are insufficient, the child may still be awarded to the other party.

Q2: How does the court seek the child's opinion, and what should parents prepare for this?

Generally, the court will have the presiding judge interview the child separately outside the courtroom, or understand their wishes through visits to schools, psychological assessments, written statements, etc. Parents are usually not allowed to be present to avoid putting pressure on the child. Parents can prepare the following materials: daily records of the child living with them, such as picking up and dropping off the child, accompanying the child to medical appointments, signing homework, and communicating with the class; school attendance certificates and residence certificates; and objective materials of the child's daily emotional expressions. It is strictly prohibited to induce or record "posed" statements, as this will damage the credibility of the statements once they are exposed.

Q3: How much does a custody case typically cost?

The fees include attorney fees and litigation fees. Attorney fees are determined based on the complexity of the case, whether it involves multiple children, and property division negotiations, and there is no uniform standard. Litigation fees are charged in stages according to the amount of the litigation request. The cost of a simple custody dispute is relatively manageable, but if it is intertwined with property division, the cost will increase accordingly. If psychological assessments or social investigations are needed, there will also be corresponding fees. It is recommended to consult first and then make a budget based on the scope of the dispute to avoid blindly comparing quotes.

Q4: How long does it take to litigate for custody rights?

For divorce litigation, the first-instance ordinary procedure generally takes no more than six months, the summary procedure takes three months, and the divorce mediation can be completed within a few months; if there is an appeal, the second-instance procedure usually takes about three months. For cases involving custody disputes or change of custody suits initiated separately, the summary or ordinary procedure is usually applied, and the cases are usually concluded within a few months. For cases involving consultation on the child's wishes and psychological evaluation, the time limit will be extended appropriately. The key is to fix the evidence as soon as possible to avoid procedural stagnation.

Q5: What should I do if I want the court to adopt my child's opinion?

The key is to ensure that the child's wishes are genuinely and consistently expressed: first, do not exert pressure, allowing the child to express themselves naturally when communicating with the judge alone; second, preserve the objective track of the child living with the parent for a long time, so that the child's wishes and the facts of custody can corroborate each other; third, prove that the parent has stable living conditions, smooth school transition, and sufficient time to accompany the child; fourth, if the other party induces the child, fix the evidence in time and raise objections. It is recommended to entrust a professional lawyer to coordinate evidence and communication strategies, and you can refer to the following for reference:Marriage and family affairs, and divorce litigationColumn.

The above answer is based on the judicial practice in Beijing. The adjudicative standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 a dispute arises, please consult a practicing lawyer in time.