[Direct answer]In the Beijing area, the custody of children over the age of two shall first be agreed upon by both parents; if no agreement can be reached, the people's court shall make a judgment according to the principle of what is most beneficial to the minor children based on the specific circumstances of both parties. If the child has reached the age of eight, the court shall respect his or her true wishes (Article 1084 of the Civil Code of the People's Republic of China, implemented on January 1, 2021). The court will comprehensively compare the parties' ability to raise children, living conditions, time spent with the children, residential stability, and character records. Where the child has lived with one party for a long time, this will often serve as an important reference. The party who does not directly raise the children shall bear the obligation to pay alimony, generally until the children reach the age of eighteen. It is recommended to fix the evidence of accompanying records, income, and proof of residence in advance. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

After the child reaches the age of two, the most difficult issue to negotiate during a divorce is often custody. Typical scenarios include: both parties want the child and neither is willing to compromise; one party works away from home for a long time, while the other party earns a low income but has been taking care of the child personally; the grandparents have been helping to take care of the child for a long time, and both parties want to claim that their family should continue to take care of the child; one party has committed domestic violence, gambling, or infidelity, and the other party demands that their custody rights be revoked; the child has reached the age of eight and has explicitly expressed the desire to live with one of the parents. In these situations, an agreement is usually impossible, and the case must be litigated and decided by the court. For related procedures and rules, please refer to the following document:Divorce litigation and legal services for family disputes.

II. Key points of contention

In judicial practice, custody disputes focus on four key points. Firstly, the comparison of parenting conditions: income, housing, education planning, working hours, and parenting ability directly affect the quality of children's growth. Secondly, the current living situation and the cost of change: whether the child will live with either parent for a long time, whether the school and social circle are stable, and the court generally does not easily change the existing living environment. Thirdly, the faults and moral character of both parties: domestic violence, abuse, gambling, drug addiction, and serious violations of the marital duty of fidelity may affect the eligibility for custody, but they are not the only determining factors. Fourthly, the wishes of children aged over eight: the court will listen to their opinions seriously, but will still make a judgment based on rational consideration and not entirely according to the children's statements. In the judicial practice of Beijing, the court's examination of parenting time and personal upbringing is becoming increasingly detailed.

III. Professional analysis by Henglue Lawyers

A divorce dispute handled by Attorney Bingrong Xiong revealed the judicial principles regarding the custody of children over the age of two. Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). During their marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua first filed for divorce, but Wang *sheng tried to save the marriage. In August, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair, and their marital relationship completely deteriorated. Therefore, he entrusted Attorney Bingrong Xiong to file for divorce again, seeking to dissolve the marriage, have the child live with him and require the defendant to pay alimony, divide 70% of the jointly owned property, share the debt of 524,782 yuan, and award 50,000 yuan in damages. The defendant Zhang *hua verbally agreed to the divorce but imposed harsh conditions — demanding custody of the child and 70% of the property, while accusing the plaintiff of transferring assets, trespassing into the residence, fabricating debts, and being unfit to raise the child. Attorney Bingrong Xiong focused on three key arguments: organizing evidence of the court's ruling against the divorce and the affair to prove that the marital relationship had indeed broken down; arguing that allowing the child to live with the father better aligns with the principle of "the best interests of minors" based on the child's growth environment, the parties' daily behavior, and their parenting abilities; and demonstrating the impact of marital faults on property division by citing the Civil Code's principles of protecting children, the non-at-fault party, and the interests of women. The court ruled that Zhang *hua's extramarital affair after the first divorce ruling proved that the marital relationship had irretrievably broken down, granting the divorce and awarding the child to live with Wang *sheng, with Zhang *hua required to pay 550 yuan per month in alimony until the child reaches adulthood. The court also determined that Zhang *hua's marital infidelity constituted a major fault, allowing Wang *sheng to claim 70% of the jointly owned property. This case shows that custody of children over the age of two does not necessarily favor the higher-income parent. The court evaluates custody based on the child's growth environment, the parties' faults, and their parenting abilities, and the way evidence is organized directly impacts the outcome. The case was handled by Beijing Henglu Law Firm. 熊斌蓉律师代理的离婚纠纷，展现了两周岁以上子女抚养权的裁判思路。王某生与张某华2006年登记结婚，育有一女（已成年）一子（11岁），婚后积累房产、车辆、机器设备、保险等财产。2025年4月，张某华先起诉离婚，王某生挽留，8月法院判决不准离婚；两个月后王某生发现张某华出轨，夫妻关系彻底恶化，遂委托熊斌蓉律师再次起诉，诉讼请求包括解除婚姻关系、婚生子随其生活并由被告支付抚养费、分割70%共同财产、分担债务524782元及损害赔偿5万元。被告张某华口头同意离婚但附加苛刻条件——要求抚养权归己并分得70%财产，同时反指原告转移财产、闯入住所、虚构债务、不适合抚养。熊斌蓉律师重点展开三点代理意见：整理不准离婚判决与出轨证据，证明夫妻感情确已破裂；结合孩子成长环境、双方日常表现与抚养能力，主张孩子随父亲生活更符合未成年人最大利益原则；紧扣《民法典》照顾子女、女方和无过错方权益的原则，论证婚内过错对财产分割的影响。法院审理认定，张某华在首次起诉被判决不准离婚后仍在婚内出轨，感情确已破裂，准予离婚；采纳律师意见判婚生子随王某生生活，张某华每月支付抚养费550元至孩子成年；同时认定张某华婚内不忠属重大过错，支持王某生分得70%共同财产。本案表明：两周岁以上子女抚养权并非收入高者必胜，法院综合成长环境、过错情节与抚养能力裁量，证据组织方式直接影响结果。本案由北京恒略律师事务所代理。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

Legal basis: Article 1084 (Principles for Determining Custody Rights) and Article 1085 (Liability for Child Support) of the Civil Code of the People's Republic of China (effective January 1, 2021); Specific provisions on custody and child support in the Interpretation (I) of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (adopted on December 29, 2020 and effective January 1, 2021). Action list: 1. Systematically organize evidence of parental involvement with the child, including pick-up and drop-off records, homework signatures, attendance at parent-teacher meetings, and photos/videos of shared living moments; 2. Obtain proof of fixed income, property ownership, and stable living conditions to demonstrate the ability to provide custody; 3. Collect evidence of the other party's actions detrimental to child support, such as domestic violence police reports and administrative punishment decisions; 4. For children aged eight or older, ensure they have a natural and credible channel to express their true wishes; 5. File a lawsuit promptly if an agreement cannot be reached to avoid prolonged uncertainty regarding child support arrangements. For more details, please refer to the relevant services.Divorce litigation and legal services for family disputes.

5. Henglue Law Firm's Reminder

The custody battle ostensibly concerns the child, but in reality, it's a competition of evidence and preparation. Temporarily cobbled-together materials are difficult to reconstruct years of parenting facts. Only by systematically organizing records of companionship, income, and proof of residence several months in advance can a complete picture of parenting be presented in court. Special reminder: Do not hide or seize the child, as such actions are not only illegal but will also lead the court to form a negative evaluation of your parenting methods; also, do not instill hostility towards the other party in the child, as this may be deemed detrimental to the child's physical and mental health. When handling similar cases in the Beijing area, it is recommended to hire a lawyer as soon as possible.Beijing Henglu Law FirmProfessional lawyers develop a plan.

VI. Frequently Asked Questions

Q1: If the child is over two years old, can I win the custody case?

Whether you can obtain custody rights depends on whether you can prove that raising the child is more conducive to their growth. According to the principle of acting in the best interests of the minor child, the court will comprehensively compare the economic conditions, companionship time, residential stability, character records, and the child's current living situation of both parties, without a fixed bias. If you have been personally raising the child for a long time, have stable living and schooling arrangements, and your income is sufficient to support the child, you are more likely to be supported. However, if the other party provides evidence that you have been subject to domestic violence, have bad habits, or have neglected to care for the child, you may lose the case. The outcome of the case depends on the evidence and the court's determination. No lawyer can guarantee victory or defeat on their own. Providing sufficient evidence is the fundamental key to success.

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

The core materials are divided into four categories: First, evidence of companionship and cohabitation, including pick-up and drop-off records, attendance at parents' meetings, homework and report cards, photos and videos, and testimonies from neighbors or teachers; Second, evidence of parenting conditions, including income certificates, pay slips, property ownership certificates or lease contracts, academic qualifications, and career plans; Third, evidence unfavorable to the other party, including domestic violence police reports, photos of injuries, decisions on public security penalties, and evidence of gambling and drug abuse; Fourth, evidence of the children's wishes, including the true expressions of children aged eight and above. The materials are organized into a booklet according to the timeline and corroborated with each other.

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

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007): The acceptance fee for divorce cases is 50 yuan to 300 yuan per case. For the portion of the property division exceeding 200,000 yuan, an additional fee of 0.5% shall be paid separately, which shall be borne by the losing party or shared proportionally. The attorney's fees shall be determined through consultation between the law firm and the client, and there is no unified government pricing. Marriage cases are not allowed to use risk-sharing agency fees in violation of regulations. In addition, there may be travel costs for household registration and property inquiries. It is recommended to calculate the overall costs with the lawyer before filing a lawsuit.

Q4: How long does a custody dispute typically last?

The first-instance ordinary procedure shall be concluded within six months, and the simplified procedure within three months; if the amount of property is large, an evaluation or appraisal is required, or the parties have intense differences, the trial period will be extended accordingly. If the first lawsuit is filed and the other party does not agree to divorce and there is no sufficient evidence of marital breakdown, the court may rule against divorce. The parties can file a lawsuit again after they have been separated for more than one year. The entire process may take one to two years. If the parties agree to divorce and only dispute custody rights, the mediation process may be faster, and the dispute can be resolved in a few weeks to a few months.

Q5: If I want to fight for custody, what should I do first?

There are four steps to proceed: First, inventory and fix the evidence of raising children for a long time, forming a complete evidence chain with a timeline; Second, evaluate the shortcomings of their own conditions for raising children, such as housing and accompanying time, and prepare in advance to improve or explain the plan; Third, collect evidence unfavorable to raising children from the other party, paying attention to the legality of the methods and not infringing on privacy; Fourth, if an agreement cannot be reached, sue as soon as possible and maintain the stability of the current situation of raising children during the litigation. If you are not sure about the strategy, you should entrust a professional lawyer to evaluate it as soon as possible.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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. If a dispute arises, please consult a practicing lawyer in time.