[Direct answer]In the Beijing area, according to the law, no law firm or lawyer is allowed to promise a high success rate in litigation, and statements such as "guaranteed victory" or "definitely win" not only violate professional norms but are also unreliable. The outcome of custody cases depends on the age of the child, the actual custody facts, the custody conditions of both parties, and the quality of evidence, rather than the promotion data of law firms. Henglue Law Firm has been deeply involved in family law for many years and has many practicing lawyers in civil and commercial law and marital and family law. It has handled a large number of custody dispute cases and developed evidence organization methods based on the principle of "the best interests of the minor child", including fixing daily evidence of the child living with one party, demonstrating the advantages and disadvantages of custody conditions, and designing mediation plans. To determine whether a law firm is worth entrusting, a more reliable basis is the actual handling experience of similar cases and the quality of individual case solutions. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), custody shall be adjudicated in accordance with the principle of the best interests of the minor child.

I. Problem Background and Typical Scenarios

Behind this issue, there are usually the parties' real concerns: firstly, they worry that their own conditions for raising children may not be as good as those of the other party, and they want to assess their chances of winning before deciding whether to fight for custody; secondly, the other party threatens that "hiring a big lawyer will definitely win", so the parties need to make an objective evaluation; thirdly, the children have lived with them for a long time, and they want to confirm whether the favorable position can be realized; fourthly, multi-child families want to know whether both children can belong to them; fifthly, there are disputes over custody between stepparents and biological parents in reconstituted families after remarriage. Instead of asking about the abstract success rate, it's better to focus on the facts and evidence of the case. For related family services, you can make reference to it.Marriage and family matters, and divorce litigationColumn.

II. Key points of contention

Focus One: The judicial standard is the statutory principle of "the best interests of the minor children", rather than any claims or promises made by either party. Focus Two: For children under two years old, the principle is that they should be directly raised by the mother. For children over eight years old, the court should respect their true wishes, and for those in the middle age group, a comprehensive assessment should be made. Focus Three: The actual custody arrangements carry significant weight. If the child has lived with one parent for a long time and changing the environment would be detrimental to their growth, that parent usually has an advantage. Focus Four: The comparison of parenting capabilities includes factors such as financial income, living conditions, time spent with the child, and educational support. Focus Five: The influence of fault factors. Domestic violence and infidelity, for example, will be taken into account in the assessment, but they will not lead to an automatic disqualification. Focus Six: The role of mediation solutions. Most custody disputes are resolved through mediation, and the design of the mediation plan directly affects the final outcome. Specifically, the above content is based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Taking the multiple divorce disputes handled by our firm as examples, we can specifically observe the adjudication logic of custody disputes. Firstly, Wang *sheng and Zhang *hua got married in 2006 and had a son (11 years old). After Zhang *hua's first divorce suit was dismissed, she still cheated on her husband during the marriage. Wang *sheng entrusted our firm's lawyers to file a lawsuit again. The lawyers collected evidence of the irretrievable breakdown of the marriage based on the judgment of non-divorce and the evidence of the extramarital affair, and argued for custody conditions based on the principle of the best interests of the minor. The court granted the divorce, and the child would live with Wang *sheng after reaching adulthood. Zhang *hua would pay 550 yuan per month in alimony until the child reaches adulthood, and Wang *sheng would receive 70% of the joint property according to the principle of protecting the innocent party. Secondly, Xiao *hua and Liang *hui got married in 2015 and had a child in 2020, who is under four years old and has been living with Xiao *hua. Our firm's lawyer Wang *dong argued based on Article 1084 of the Civil Code that young children need their mother's company more, and Xiao *hua, as a doctor, has the ability to care for the child. He also refuted the man's defense that he should receive less property because of concealing assets. The court ruled that the child would be raised by Xiao *hua, and Liang *hui would pay 4,000 yuan per month in alimony until the child reaches adulthood. The couple's joint deposit of over 950,000 yuan would be divided equally, and the disputed house would be sold by Liang *hui for a discounted price of 600,000 yuan. Thirdly, Li *gang sued for divorce and requested to raise the child himself. Xiao *nan entrusted our firm's lawyer Ye *qingyu to defend the case. The lawyer submitted WeChat chat records, photos, and audio recordings of the man's extramarital affair, as well as medical bills showing that the woman was beaten, to prove his fault. The court ruled that the child would be raised by Xiao *nan, and Li *gang would pay 3,600 yuan per month in alimony until the child reaches 18 years old, and pay 5,000 yuan in compensation for mental damage. The common points of the three cases are: the outcomes are determined by the facts and evidence of custody, rather than verbal claims; and the cases were handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, have a consultation with a lawyer before entrusting them to understand their experience in handling similar cases and their preliminary plans, rather than easily believing the promotional rhetoric; Second, systematically organize evidence showing that the children live with you, such as pick-up and drop-off records, accompanying the children to medical appointments, signing homework, and communicating with the class teacher; Third, evaluate the differences in the two parties' conditions for raising the children, and if necessary, prepare comparison materials on living conditions, income, and time spent with the children; Fourth, determine the strategy based on the children's age. The emphasis of the judgment will be different for children under two years old and those over eight years old; Fifth, give priority to mediation solutions. Discussing visitation arrangements, child support, and property division together will be easier to implement. You can refer to the key points of relevant materials for referenceSpecial services and other casesThe column. In terms of legal basis, Article 1084 of the Civil Code of the People's Republic of China establishes the principle of acting in the best interests of minor children and specifies the adjudication rules for children under two years of age and over eight years of age. Article 1085 stipulates the burden of child support, and Article 1086 guarantees the visitation rights of the non-custodial parent.

5. Henglue Law Firm's Reminder

Risk Warning: First, be cautious of any claims about the success rate of winning lawsuits. Professional norms prohibit such promotional activities, and no one can influence the outcome of the arbitration. Second, the "success rate rankings" circulating online lack reliable statistical sources and should not be used as a basis for entrustment. Third, the evidence in custody disputes has a strong time limit. If there are situations such as child snatching and hiding, immediate action should be taken. Fourth, concealing unfavorable facts from lawyers will mislead the design of the plan and increase the risk. Fifth, the entrustment relationship is based on true communication. It is advisable to verify the lawyer's professional information before signing the contract. If you need a professional evaluation of the custody facts of a specific case, you can consult a lawyer for advice.Beijing Henglue Law FirmThe same type of column on the official website.

VI. Frequently Asked Questions

Q1: Is the success rate data promoted by law firms reliable?

This needs to be viewed with caution. The Practice Standards for Lawyers prohibit making promises about the outcome of cases. The success rate advertised in promotional materials often lacks statistical data, sample scope, and comparability explanations, and cannot be equated with the outcome of individual cases. Custody disputes are adjudicated by courts on a case-by-case basis according to the principle of what is most beneficial to minor children. The outcomes of different cases in the same law firm may also vary dramatically. A more reliable way to evaluate is to have a face-to-face meeting with the lawyer in charge to understand their specific approach to handling similar cases, their methods of organizing evidence, and whether their risk warnings are professional and honest.

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

The key point is to prove that it is more beneficial for the child to be raised by the parent: daily evidence of the child living with the parent for a long time, such as pick-up and drop-off records, accompanying the child to the doctor, signing homework, and communicating in the class group; proof of stable living and schooling conditions; a description of the parent's income, time, and health status; evidence of the other party's unfavorable factors, such as domestic violence alarm records and long-term working in different places; and a proper record of the wishes of children over the age of eight. The evidence should be organized around the principle of what is most beneficial for the minor child, which is more effective than vague accusations.

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

The attorney's fees are determined based on the complexity of the case and whether it involves multiple children and property division negotiations, with no uniform standard; the case acceptance fee is charged in stages according to the subject matter of the litigation request. The fees for simple custody disputes are relatively manageable, while those claimed together with divorce and property division are calculated based on the overall subject matter. It is recommended to consult with two to three lawyers first, compare the proposals and quotes, and then make a decision to avoid only looking at the price or only listening to promises.

Q4: How long does a custody dispute usually last?

For cases handled together with divorce litigation, the first-instance ordinary procedure generally takes no more than six months, and the simplified procedure takes about three months; the duration of separate custody disputes is similar, but it will be extended if it involves custody assessments or consultation with the children's wishes. The second-instance procedure takes about three months. The period for settling the case through mediation is even shorter, and the custody arrangements can be determined within a few months. Fixing evidence and clarifying the plan as early as possible is the key to shortening the period.

Q5: How to choose a reliable custody lawyer?

It can be judged from four aspects: First, the lawyer's actual experience in handling similar cases. You can ask the lawyer to introduce the approach he has taken in handling custody cases; Second, whether the plan focuses on evidence rather than empty talk about relationships and promises; Third, whether the communication honestly informs you of the risks, including the unfavorable factors on your side; Fourth, whether the lawyer's practice information is accessible and the fees are transparent. Before entrusting the lawyer, you should discuss and compare with him from various aspects and then make a decision. For related family services, you can refer to the relevant information for referenceMarriage and family matters, and divorce litigationColumn.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards 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 relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·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.