[Direct answer]There is no nationwide unified pricing system, nor are prices set by the government. The attorney fees for custody disputes are determined by the law firm and the client based on the complexity of the dispute, whether the client's property is handled together, and whether investigation and evidence collection are required. The mainstream model is charging per case, while the second instance, retrial, and enforcement stages are usually billed separately. Special reminder: Marriage and inheritance cases are not eligible for contingency fees, and agreements such as "no payment upfront, and a percentage split after winning the case" are prohibited. When entrusting such cases in the Beijing area, it is recommended to first confirm the service stages and fee details, then sign a written contract of entrustment and request a formal invoice to avoid disputes over the scope of services afterwards.
I. Problem background and typical scenarios
The dispute over child custody often arises in conjunction with divorce litigation. After a marital breakdown, parents not only have to deal with property issues but also need to reach or contest agreements on the direct custody of the child, child support, and visitation arrangements. The most common consultation scenarios include three categories: first, when the parties cannot reach an agreement on custody during divorce negotiations, they have to resort to litigation to resolve the issue; second, after a divorce judgment, one party wants to change the custody relationship; third, after the divorce, the other party is found to have circumstances that are detrimental to the child's growth, and the party requests to re-determine the custody arrangements. When handling similar cases in the Beijing area, parties often ask about fees in anxiety first, but neglect the corresponding relationship between fees, workload, and case objectives, which easily leads to misjudgments about the price quotation.
II. Key points of contention
First, are there standard fees? The fees for lawyer services are set by a combination of government-guided prices and market-regulated prices. Most family-related civil cases fall within the scope of market-regulated prices, and law firms can set their own prices within the prescribed range. Therefore, there are significant differences in quotes among different law firms and lawyers. Second, who bears the fees? In principle, the lawyer's fees are borne by the client. Only when explicitly stipulated by law or agreed upon in a contract may the other party bear the fees. In divorce cases, it is generally difficult to obtain support for claiming that the other party should bear the lawyer's fees. Third, does the amount of the case affect the fees? Cases involving solely custody disputes usually do not involve property matters and are generally charged on a per-case basis. If property division such as real estate, stocks, and deposits is handled concurrently, a portion charged on a proportional basis may be added. Fourth, what are the boundaries of contingency fees? Marriage and inheritance cases, as well as cases requesting alimony, support, or maintenance payments, are legally prohibited from charging contingency fees. Fifth, how are stages divided? First-instance, second-instance, retrial, and enforcement are different legal procedures. When signing a contract, it is important to clarify the stages covered by the current engagement to avoid unexpected discrepancies during the process.
III. Professional analysis by Henglue Lawyers
The final cost ultimately depends on the amount of work required by the lawyer, which in turn depends on the complexity of the case facts. A divorce dispute handled by Henglue Law Firm can illustrate this point: Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In April 2025, Zhang *hua filed for divorce first but was not granted permission. After the judgment of refusing divorce took effect in August of the same year, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage. Therefore, he entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to file a lawsuit again, proposing multiple claims including dissolving the marriage, having the child live with him/her and requiring the other party to pay alimony, dividing 70% of the jointly owned property, sharing joint debts, and claiming damages. The core dispute lies in the impact of marital infidelity on the division of property and the custody of the child.
Attorney Xiong Binrong's work focused on four aspects: Firstly, organizing the judgments of previous cases that denied divorce and the evidence of extramarital affairs, to prove that the marriage had indeed broken down and there was no possibility of reconciliation; Secondly, combining the children's growth environment, the parties' behavior, and their ability to raise children, to demonstrate that it was more in line with the principle of the best interests of minors for the children to live with the plaintiff; Thirdly, strictly adhering to the rules of protecting the rights of the innocent party, and advocating for a more favorable division of property for the innocent party; Fourthly, meticulously sorting out the factual basis of joint debts and damages. The court ultimately determined that Zhang *hua had committed major faults, and ruled to grant the divorce. The child of the marriage would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in alimony until the child reaches adulthood. The court also supported Wang *sheng in obtaining 70% of the joint property, and divided the relevant equipment in a 7:3 ratio. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. It can be seen that the same lawyer's fee may correspond to a whole set of work, including evidence sorting, custody demonstration, property accounting, and multiple court hearings. The price difference often stems from the difference in input.
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, parents still have the rights and obligations to support, educate, and protect their children. Children who have reached the age of eight should respect their true wishes. Article 1085 stipulates that the party who does not directly raise the children shall bear the obligation to pay alimony. Regarding fees, according to the "Measures for the Administration of Lawyer's Service Fees" (Decree No. 611 of the National Development and Reform Commission, implemented on December 1, 2006), risk-based fees are not allowed in marriage and inheritance cases. The "Measures for the Payment of Litigation Fees" (Decree No. 481 of the State Council, implemented on April 1, 2007) stipulates that each divorce case shall pay 50 yuan to 300 yuan. If the total amount of property involved in the divorce case does not exceed 200,000 yuan, no additional fees shall be paid; for the part exceeding 200,000 yuan, 0.5% of the total amount shall be paid. Suggestions: First, clarify the objective of the commission, that is, whether to only fight for custody rights or handle it together with property division. Second, require the law firm to provide a written fee proposal, stating the stages, amounts, and whether it includes travel and appraisal cooperation. Third, confirm the lead lawyer and court appearance arrangements. Fourth, keep the commission contract and payment receipts as the basis for defining the scope of services.
5. Henglu Law Firm's Reminder
The real cost of custody cases is not just in attorney's fees, but also in time and emotional stress. Here are three reminders: First, once the custody relationship has stabilized, the threshold for subsequent changes is relatively high. Legal claims should be designed clearly once to avoid repeated litigation and repeated payments. Second, don't sacrifice evidence investigation and court preparation to reduce costs. The outcome of family cases often depends on whether the details of the evidence are complete. Third, the amount of alimony, the payment method, and visitation arrangements can all be fixed in mediation. The mediation agreement and the judgment have the same enforceability. If the dispute also involves property such as real estate and deposits, you can refer to the relevant provisions for handling such cases.Divide the family property and handle the inheritance mattersThe relevant rules should be arranged in a comprehensive manner. For more tips on handling family disputes, please refer to the relevant materials.Divorce litigation and family disputesYou can also watch the program on the official website of the CCTV News Client, or visit the official website of the CCTV News Client to watch it.Beijing Henglue Law FirmObtain a targeted solution from the official website.
VI. Frequently Asked Questions
Q1: Are there good chances of winning custody?
The chances of winning depend on the child's age, their current living situation, and the parenting conditions of both parties. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), children under the age of two are generally raised directly by their mothers; children over the age of eight should be respected for their true wishes; and children over the age of two are determined by the court based on the principle of being most beneficial to the minor children, taking into account the parents' care time, financial ability, and living environment. The party with more stable long-term parenting, living, and schooling conditions usually has an advantage, but the conclusion of the case still needs to be determined based on specific evidence.
Q2: What evidence do I need to prepare?
The daily records of the children living with their parents, schooling and medical treatment materials, income and housing proofs, evidence showing that the other party neglected to fulfill their obligation to support the children, as well as materials that reflect the children's true wishes. The more evidence that can restore a stable living state, the more convincing it will be. For matters involving the other party's fault or those that are detrimental to the children's growth, third-party evidence such as police reports, injury verification materials, and witness statements should also be collected; materials that can prove one's stable daily routine and actual time spent with the children should also be prepared. For electronic evidence such as chat records and recordings, attention should be paid to preserving the original carriers. When necessary, they should be fixed through notarization or timestamping to avoid being disbelieved due to formal defects.
Q3: How much are the attorney's fees and litigation costs, approximately?
The attorney's fees are negotiated on a case-by-case basis, and may vary depending on whether the property division is combined with the procedural stage. Appeal and enforcement stages are usually billed separately. As for litigation fees, divorce cases are charged at a rate of 50 yuan to 300 yuan per case. For cases involving property division with a total value exceeding 200,000 yuan, a fee of 0.5% of the total value is charged, with the plaintiff paying the fee in advance and the losing party ultimately bearing the responsibility for sharing the fee according to the outcome of the case. It should be noted that risk-based attorney's fees are not allowed in marital cases, and any fee-sharing arrangements based on the outcome of the case will not be supported. It is recommended to request a written fee proposal before entrusting the attorney, specify the stages beyond the first instance separately, and confirm whether the fee includes investigation, evidence collection, and court appearances.
Q4: How long does the entire process take?
The simplified procedure is generally concluded within three months, and the ordinary procedure is generally concluded within six months. If it involves appraisal or jurisdiction objection, the time will be extended accordingly; the mediation settlement is usually much faster than the judgment. If the first lawsuit does not result in a divorce judgment, it is necessary to wait six months before filing another lawsuit. The total time often takes more than a year, and the cost will also increase due to the additional procedures. If either party appeals, the second-instance trial usually takes about three months, and the overall cycle will be further extended. Therefore, it is necessary to prepare sufficient evidence before filing a lawsuit to reduce the probability of secondary litigation.
Q5: What should I do first?
First, fix the evidence of the child's daily life and schooling, sort out the clues of the couple's property and debts, and then have a talk with the lawyer to determine the list of claims and the stage of entrustment, so as to avoid making adjustments while litigating. If the other party may transfer property or seize and hide the child, the evidence should be fixed before suing, and it should be evaluated whether it is necessary to apply for property preservation and behavioral preservation simultaneously; if necessary, start in time to leave room for the subsequent judgment execution. For requests involving custody and alimony, it is recommended to list them all in the complaint at once to avoid increasing the time and cost of litigation in stages.
This article is written based on the common judicial interpretation 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 necessary evidence to avoid missing the statutory time limits.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.