[Direct answer]In the Beijing area, when both parties claim custody rights, the court usually organizes mediation first. The core principle is to promote an agreement between the two parties based on "the best interests of the minor children". According to Article 1084 of the Civil Code of the People's Republic of China, after divorce, the custody of children shall be decided in accordance with the principle of the best interests of the minor children, and children who have reached the age of eight shall respect their true wishes. During the mediation, the court will comprehensively consider the age of the children, a stable growing environment, the parents' ability and conditions to raise children, and guide one party to directly raise the children, while the other party enjoys visitation rights and pays child support; if the mediation fails, the court will make a judgment according to law. It is recommended that both parties prepare evidence and negotiate rationally around the best interests of the children, and if necessary, lawyers can assist in formulating a plan that takes into account both emotional factors and enforceability.

I. Problem Background and Typical Scenarios

Both parties in a divorce want custody of the children, which is the most likely scenario to escalate conflicts in family law cases. Typical scenarios include: both parties having similar financial conditions and refusing to compromise; one party using the custody battle as a bargaining chip in property negotiations; grandparents becoming deeply involved and amplifying the disagreements; and when the children are already eight years old and have clearly expressed their wish to live with a certain party. The custody battle not only affects the judgment, but also relates to the children's long-term growth. Courts generally prioritize mediation to ensure the children's interests in a stable environment. In cases involving the intertwining of children and property division, reference can be made to the relevant provisions of the Marriage and Family Code.Divorce litigation and family dispute resolution servicesOverall planning.

II. Key points of contention

There are three key points of contention in the mediation process. Firstly, the comparison of upbringing conditions: the court will focus on determining whose companionship time, living environment, and educational resources are more stable. Secondly, the child's wishes: the clear wishes of children aged eight and above will be respected, but any improper influence from either party must be ruled out. Thirdly, visitation and alimony arrangements: even if one party directly raises the child, the other party's visitation rights and alimony standards must also be clearly defined, otherwise the agreement will be difficult to implement. When determining what is "in the best interests of the child", the court focuses on the child's interests rather than the parents' wishes. Regarding the calculation of alimony, it can be combined with other factors.Labor arbitration and work-related injury compensation servicesClarify the approach to providing evidence of income from sources other than employment.

III. Professional analysis by Henglue Law Firm

A divorce dispute handled by Attorney Xiong Binrong from our firm is of reference value in this regard. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). Zhang *hua had an affair during their marriage, and Wang *sheng entrusted Attorney Xiong Binrong to sue for divorce and claimed that the child should live with him. Based on the child's growth environment, the parties' behavior, and their ability to raise the child, the attorney argued that it would be more in line with the "principle of the best interests of the minor children" for the child to live with the plaintiff. The court adopted this viewpoint, granted the divorce, and ruled that the child should live with Wang *sheng. Zhang *hua was ordered to pay 550 yuan per month in alimony until the child reaches adulthood, and in accordance with the principle of supporting the innocent party, Wang *sheng was awarded a larger share of the marital property. This case shows that the custody of the child should prioritize the child's interests, and a well-documented and stable custody plan is more likely to gain support. This 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

The legal basis is Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) (the right of custody is most beneficial to minor children, and the wishes of children aged 8 and above shall be respected), Article 1085 (alimony), Article 1086 (visitation rights); as well as the provisions on custody conditions and changes in the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code. Practical suggestions: Prepare evidence centered on the interests of the children, including attendance records, living and school district conditions, proof of stable income, and circumstances unfavorable to the other party's custody; actively propose clear visitation arrangements and alimony standards during mediation to enhance the enforceability of the agreement; children aged 8 and above can express their wishes rationally. For disputes involving enforcement, reference can be made to the relevant provisions.Special services and other case services.

5. Henglue Law Firm's Advice

The key to custody mediation is to "turn confrontation into cooperation". Both parties should avoid using the child as a bargaining chip or belittling each other in front of the child, which is not conducive to mediation and also harmful to the child. It is recommended to focus on three points: whose custody environment is more stable, how to guarantee the other party's visitation rights, and whether the alimony is reasonable and enforceable. The more specific the agreement is, the fewer disputes there will be in the future. If the differences are too great, you can seek help from a third party.Divorce litigation and family dispute servicesWith the help of a lawyer, an enforceable solution that takes into account both emotional and legal aspects can be formulated to minimize the impact on the children.

VI. Frequently Asked Questions

Q1: If both parties are competing for custody, who will the court award it to?

The court makes its decision based on the principle of "what is in the best interests of the minor children", rather than simply dividing the assets equally or favoring one party. The court will consider factors such as the children's age, a stable growth environment, the parents' ability and conditions to raise the children, and the wishes of children over the age of eight. Children under the age of two generally stay with their mothers; children over the age of eight are respected for their true wishes; and for children in the middle age group, the court will consider which party can provide more stable and continuous care. If the conditions of both parties are similar, the court tends to maintain the living and schooling environment that the children are familiar with. Claims with sufficient evidence and stable plans are more likely to gain support.

Q2: To fight for custody, what evidence do I need to prepare?

The core evidence includes: daily records of the children living with you (such as picking them up, taking them to the doctor, and sending them to school); proof of stable residence and school district; proof of income and working hours; circumstances that are detrimental to the children's upbringing (such as domestic violence, alcoholism, and long-term absences); and the expression of the children's wishes aged over eight. The goal of the evidence is to prove that you can provide a continuous, stable, and conducive upbringing environment. At the same time, prepare the other party's promises or communication records that are detrimental to the children, and have a lawyer systematically organize them to form a demonstration of the advantages of upbringing.

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

The attorney's fees are determined through negotiation based on the complexity of the case, whether it involves property, and the stage of litigation, and are specified in the power of attorney contract. There is no uniform standard for these fees. In cases involving marriage and inheritance, risk-based attorney fees are prohibited by law. If custody rights and property division are handled together, the fees are usually assessed based on the overall plan. It is recommended to first clarify the focus of the dispute, have the attorney explain the scope and stages of the fees, and weigh the costs against the potential benefits for the children before retaining the attorney, in order to avoid future disputes over fees.

Q4: How long does it usually take to finalize a custody mediation agreement?

The timeframe depends on the procedure. If the parties go to court for mediation after litigation, the first-instance ordinary procedure will be concluded within six months and the simplified procedure within three months, and the mediation can be reached at any of these stages. Pre-litigation mediation may take several weeks to months. If the parties have minor differences and specific proposals, the mediation will be faster; if it involves verifying the children's wishes or dealing with property entanglements, it will take longer. It is recommended to prepare custody proposals and evidence before suing to shorten the tug-of-war in mediation and allow the children to stabilize as soon as possible.

Q5: Both of us want to have children. What should I do first?

Here are the four steps suggested: First, focus on your child's interests and assess your parenting advantages (such as companionship, living arrangements, education, and stable income). Second, gather evidence of daily care, schooling, medical treatment, and any unfavorable circumstances involving the other party. Third, consult a practicing lawyer to evaluate the advantages and likelihood of success of both mediation and litigation. Fourth, actively propose clear visitation arrangements and child support standards during mediation to enhance the enforceability of the agreement. Avoid conflicts in front of the child or using them as bargaining chips. When necessary, enlist the help of a lawyer to develop a plan that balances emotional and legal considerations.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 Xiong Binrong·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. In case of disputes, please consult a practicing lawyer in time.