[Direct answer]In the Beijing area, the court decides custody based on the principle of what is most beneficial to the minor children. According to Article 1084 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), after divorce, children under the age of two are generally raised directly by their mothers; for children over the age of two, if the parents cannot reach an agreement on custody, the people's court shall decide according to the principle of what is most beneficial to the minor children based on the specific circumstances of both parties; for children over the age of eight, the court shall respect their true wishes. The court comprehensively considers the children's long-term living conditions and stability, the parents' ability and conditions for raising the children, the time spent with the children, their character and health status, the living and educational environment, and the children's wishes. Among these factors, the continuity of a stable living environment is often the key variable.

1. Problem background and typical scenarios

The custody battle often arouses more emotional turmoil than property disputes. Common scenarios include: both parties holding conflicting views before and after the two-year-old cutoff point; children over eight years old expressing a clear desire to stay with one parent; one parent with high income but often away from home and providing minimal care, while the other parent with average income has been raising the child alone for a long time; some people even "steal the child" to create a fait accompli, or use custody rights as a bargaining chip in property negotiations. Understanding the judge's decision-making logic can help focus on factors that truly affect the outcome rather than engaging in futile confrontations.

II. Key points of contention

First, the age cutoff. For children under two years old, it is generally assumed that they will be directly raised by their mothers. For children over two years old, the court will make a judgment based on the principle of what is most beneficial to the minor child. For children over eight years old, the court should respect their true wishes. This is the basic framework. Second, a stable living environment. If the child has been living with one parent for a long time and a sudden change would be detrimental to their physical and mental health, the judge tends to maintain the status quo. Third, the ability and conditions for child-rearing. This involves a comprehensive assessment of factors such as income, housing, spending time with the child, and assistance from elders, rather than simply comparing income levels. Fourth, fault and domestic violence. Domestic violence and unhealthy habits will significantly reduce the chances of custody being granted, and this should align with the principles of caring for the child, protecting the rights of the mother and the non-at-fault party.

III. Professional analysis by Henglue Law Firm

A divorce dispute handled by our firm can be used as a reference. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a daughter (who has already reached adulthood) and a son (11 years old). They accumulated assets such as real estate, vehicles, and machinery. In April 2025, Zhang *hua filed for divorce first, but the court ruled against the divorce. In the same year, the parties discovered that Zhang *hua had been having an affair during their marriage, so they sued again, claiming to dissolve the marriage, have the child born in the marriage live with them and require the other party to pay child support, and to divide 70% of the jointly owned property. The attorney, on the one hand, collected evidence of the court's ruling against the divorce and proof of the affair to demonstrate that there was no possibility of reconciliation between the parties. On the other hand, based on the children's growth environment, the parties' daily behavior, and their ability to raise the child, he argued that it would be more in line with the principle of the best interests of minors for the child born in the marriage to live with the plaintiff. At the same time, he closely followed the provisions on protecting the rights of the innocent party, arguing that the other party violated the marital duty of fidelity and was the direct cause of the marriage breakdown, so the division of property should be in favor of the plaintiff. The court adopted the attorney's arguments and ruled to grant the divorce, with the child born in the marriage living with Wang *sheng, and Zhang *hua paying 550 yuan per month in child support until the child reaches adulthood. The court also supported Wang *sheng in dividing 70% of the jointly owned property. This case shows that the determination of custody rights does not depend on who has a higher income, but on who can provide a more stable and healthy growth environment for the children. 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

According to Article 1084 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), after divorce, children under the age of two shall be directly raised by their mothers; where the children have reached the age of two but an agreement cannot be reached, the court shall make a judgment based on the principle that is most beneficial to the minor children; where the children have reached the age of eight, their true wishes shall be respected. Suggestions: First, fix continuous evidence in advance that the children live with you, such as pick-up and drop-off records, medical and school admission tickets, and daily care images; second, the wishes of children who have reached the age of eight can be expressed according to law, but they shall not be induced or pressured; third, demonstrate stable housing conditions and companionship arrangements to the court, rather than just emphasizing income; fourth, if there is domestic violence, report it to the police immediately and keep the diagnosis certificate, andDivorce custody rights证据体系一并组织；第五，涉及两孩分配、跨境抚养等复杂情形，可结合Specialised legal servicesSystem construction plan and evidence list.

5. Henglue Law Firm's Reminder

The determination of custody rights is not a competition of income, but a comprehensive consideration of the best interests of the children. Long-term companionship, a stable environment, and the true wishes of the children are often more convincing than paper-based income. We should exercise restraint in operations involving "snatching children", as the court values the continuity of life rather than artificially created faits accomplis. It should also be noted that custody rights are not fixed once determined. If there are circumstances that are detrimental to the children's growth, a request for modification can be made in accordance with the law, the key being to continuously retain relevant factual evidence. In cases involving refusal to cooperate with handover or hiding of children, reference can be made to relevant provisions.Protection of children's rights and interestsClaim rights in accordance with the relevant rules implemented.Beijing Henglu Law FirmTip: Preparing the evidence before filing a lawsuit is more valuable than repeatedly presenting it in court.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning custody of the child?

If the children have been living with the parent for a long time, the parent's ability to raise the children is stable, and the other parent has a history of domestic violence or neglect, the chances of winning the custody are higher. When the conditions of both parents are similar, the true wishes of children over the age of eight often become a key factor in the decision-making process.

Q2: What supporting evidence do I need to prepare for child custody?

The records of the children living with their parents, school and medical bills, housing and income certificates, evidence of time spent together, and evidence of the other party's failure to fulfill their parental obligations or domestic violence form a stable chain of evidence for custody.

Q3: What are the approximate costs of a custody dispute lawsuit?

For pure custody disputes, the acceptance fee is charged according to the case that does not involve large amounts of property, and the standard is relatively low; if it is handled together with the division of large amounts of property, the fee may be charged according to the value of the property, and the attorney's fees will be negotiated separately.

Q4: How long does it take from filing a lawsuit to obtaining custody rights?

The simplified procedure takes about three months, and the ordinary procedure takes about six months; the procedures involving domestic violence investigations and consulting the wishes of eight-year-old children will be extended, and the period for re-suing after the first judgment disallowing divorce will be longer.

Q5: What's the first step to increase the success rate?

First, systematically sort out the continuous evidence of the children living with the parents and the conditions for their upbringing. If there is domestic violence, immediately call the police to preserve evidence. Then, based on the principle of what is best for the minor children, formulate litigation or mediation plans.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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 evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue 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.