[Direct answer]In the Beijing area, after being sued for divorce, the custody of the child may not necessarily be awarded to the other party. The court adjudicates according to Article 1084 of the Civil Code of the People's Republic of China, following the principle of what is most beneficial to the minor child, rather than simply allocating custody based on who sued first. Children under the age of two are generally directly raised by their mothers, and those over the age of eight should respect their true wishes. For children in the middle age group, the court will determine custody based on factors such as continuity of upbringing, parenting ability, and fault circumstances. If you have been the primary caregiver and the child has been living with you steadily, there is no legal basis for awarding custody to the other party. It is recommended to sort out the evidence of parental advantages as soon as possible and consult a professional lawyer if necessary. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

I. Problem Background and Typical Scenarios

Being sued for divorce by one's spouse and worrying about the children being taken away are the most common anxieties of the defendant. Typical scenarios include: the other party filing a lawsuit first and claiming custody rights, leaving you unprepared; the children having lived with you for a long time, but worrying that the other party's better financial conditions might give them an advantage; the other party using "filing a lawsuit first" to create a fait accompli; and being blocked from visiting the children after the divorce and the continuation of conflicts. Many litigants mistakenly believe that "the one who files a lawsuit first takes the initiative", but in reality, the court places greater emphasis on a stable growth environment and the children's interests rather than the order of filing a lawsuit. For cases involving real estate and living arrangements, you can consult with a lawyer for more advice.Real estate sales and construction project servicesCoordination.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the comparison of rearing abilities: income, living conditions, time spent with the children, and the assistance of grandparents. The court comprehensively determines which party is more conducive to the children's growth. Secondly, age and wishes: for children under two years old, the mother should be the primary caregiver; for children over eight years old, the court should respect the children's wishes; and for children in the middle age group, the court should consider the continuity of their growth. Thirdly, faults and stability: if one party commits major faults such as infidelity or domestic violence, it may affect the custody of the children; while the fact that the children have lived with a certain party for a long time carries significant weight. In the judicial practice of Beijing courts, the understanding of "what is in the best interests of the minor children" has become more detailed, emphasizing the stability of life and education. For cases involving cross-regional custody, reference can be made to relevant provisions.Creditor-debtor relations and enforcement case servicespaths other than the above-mentioned ones.

III. Professional analysis by Hengluo Law Firm

Taking the marital infidelity divorce case handled by our firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In 2025, Zhang *hua first sued for divorce but was rejected. Later, Wang *sheng discovered her infidelity and sued again, demanding the dissolution of the marriage, the child to follow the plaintiff and the defendant to pay alimony, and the division of 70% of the jointly owned property. Wang *sheng entrusted attorney Xiong Binrong of Beijing Henglu Law Firm to represent her. The attorney organized the evidence of the divorce judgment and the infidelity, combined with the child's growth environment and ability to raise, and argued that it is more in line with the "principle of the best interests of the minor" for the child to follow the plaintiff. After the trial, the court determined that Zhang *hua's infidelity during the marriage constituted a major fault, granted the divorce, ruled that the child should live with Wang *sheng, and ordered Zhang *hua to pay 550 yuan per month in alimony until the child reaches adulthood. The court also supported Wang *sheng in dividing 70% of the jointly owned property in accordance with the principle of protecting the innocent party. 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 core basis is Article 1084 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (Child Custody, the Principle of Best Interests of Minors), Article 1085 (Alimony), Article 1086 (Visitation Rights); as well as the provisions of the Civil Procedure Law on evidence collection and mediation. Practical advice: After being sued, prepare evidence in a timely manner regarding the child living with you, the other party's failure to fulfill obligations, and your own ability to raise the child; pay attention to recording the wishes of children aged eight and above; clearly state the provisions on child custody, alimony, and visitation in the defense and mediation; the mediation agreement and the judgment have the same legal effect, and the provisions must be enforceable. Where custody and property issues are intertwined, they can be combined together.Inheritance succession and family property division services.

5. Henglu Law Firm's Reminder

Being sued does not mean losing custody rights. The core of the defense is to clarify the fact that "the child has always been with me and received more stable care from me", and refute the other party's claim that they are not suitable to raise the child. It is recommended to focus on the child's living, schooling, and living arrangements during the negotiation to avoid bringing resentment into the terms; for those who refuse to comply with the mediation order, you can apply for compulsory enforcement. Whether it is mediation or judgment, it is crucial to fix the attendance records and custody evidence. If you need professional support, you can seek help from relevant institutions or professionals.Business and contract dispute resolution services for enterprisesA team of experts in family law, beyond the scope of traditional legal services.

VI. Frequently Asked Questions

Q1: If I'm sued for divorce, will the custody of my child be awarded to the other party?

Not necessarily. The court adjudicates based on the principle of what's in the best interests of the minor children, rather than who filed the lawsuit first. If the child has been living with you for a long time and you have stable conditions for raising them, there's no basis for awarding custody to the other party. The mere fact that the other party filed the lawsuit does not constitute a reason to deprive you of your custody rights. However, the outcome depends on the evidence. The lawyer will help you organize the continuity of the child's growth, the facts of care, and the unfavorable factors of the other party into a comprehensive claim, rather than guaranteeing a specific conclusion.

Q2: If I want to keep custody of my child, what evidence do I need to prepare?

The core evidence includes: the child's birth certificate and age-related materials; records of the child living with the parent for a long time (residence, schooling, medical bills); proof of the parent's ability to raise the child, such as their own income, housing, and time spent with the child; evidence that the other parent has failed to fulfill their parental obligations or is unfit to raise the child (such as infidelity or domestic violence); and the grandparents' willingness and conditions to assist in raising the child. The evidence should be organized around the principle of "maximizing the child's interests," with a focus on proving that raising the child by the parent is more conducive to the child's physical and mental health and stable growth.

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

The attorney's fees are negotiated between the law firm and the client. They are typically charged on a per-case basis or based on a percentage of the litigation amount. In cases involving marriage and inheritance, risk-based fees are prohibited by law. The specific fees shall be subject to the terms of the engagement contract, and there is no nationwide standard pricing. If the case only involves custody disputes with minimal property disputes, the fees are relatively manageable; however, if it also involves large-scale property division, the fees may be charged proportionally. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether the fees include litigation costs, travel expenses, and other third-party fees. Additionally, clients should weigh the potential benefits against the costs based on the actual circumstances of the case.

Q4: How long does it typically take from being sued to the determination of custody rights?

If the two parties reach an agreement through mediation, the divorce proceedings can be concluded more quickly. If litigation is initiated, the first-instance ordinary procedure will be concluded within six months and the simplified procedure within three months. If the first lawsuit fails to grant a divorce, the parties must file a new lawsuit after being separated for at least one year. Cases involving paternity testing and visitation enforcement disputes may take longer to resolve. Overall, it often takes several months from the filing of a lawsuit to the determination of custody rights. It is recommended that parties prepare custody evidence and clarify mediation plans at an early stage of litigation to shorten the process and minimize the impact on the children.

Q5: What should I do first after receiving the divorce lawsuit?

It is recommended to proceed in four steps: First, organize evidence of the children living with you and your own ability to raise them, and identify records of companionship and schooling; Second, sort out materials showing that the other party is unfit to raise the children or has failed to fulfill their obligations; Third, prioritize evaluating the possibility of mediation, and draft enforceable clauses regarding custody rights, alimony, and visitation frequency; Fourth, if no agreement is reached, respond to the lawsuit in a timely manner and argue in favor of what is most beneficial to the minor children during the litigation. Throughout the process, keep communication records and, if necessary, hire a lawyer to coordinate evidence and negotiation strategies.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 evidence materials, 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 you encounter disputes, please consult a practicing lawyer in time.