[Direct answer]It is necessary. Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021) clearly stipulates that if the child has reached the age of eight, his/her true wishes should be respected. However, respecting the child's wishes does not mean that the child can make all the decisions. The court should still take the best interests of the minor child as the fundamental standard and make a judgment based on the parties' ability to raise the child, the time spent with the child, the living and schooling conditions, and the living relationship formed with the child; if the child's wishes are obviously in conflict with this standard, the standard shall prevail. In practice, the court often adopts methods such as individual questioning and psychological counseling to understand the child's true thoughts. Parents' inducement and pressure may backfire.

1. Problem background and typical scenarios

The reason why the age of eight is so important is that the law assumes that children of this age have certain recognition and expression abilities, and their wishes in life are worth being heard. There are three typical scenarios: First, when the conditions of both parties are similar, the child's choice becomes an important factor in breaking the balance; Second, when the child has been cared for by one party or its parents for a long time and is willing to continue to live with that party; Third, when one party repeatedly works on the child before and after the litigation, even using the promise of gifts or threats to sever relations to influence the child's statement. In the judicial practice of Beijing, the court is particularly cautious about expressions that are obviously manipulated by adults, often cross-verifying them through multiple separate interrogations in different settings and methods.

II. Key points of contention

First, the legal meaning of being eight years old. It is the starting point of respecting a child's wishes, not the end point of losing the ability to make judgments. The opinions of children under eight years old are not ignored, but they are not legally binding requirements that must be respected. Second, the weight of a child's wishes and abilities. If the party chosen by the child has obvious disadvantageous circumstances such as domestic violence, alcoholism, long-term absence, or lack of a stable residence, the court will not make arrangements solely based on the child's wishes. Third, the handling of more than two children. The court will consider the emotional connection between siblings and tend to avoid artificial separation, but it does not absolutely prohibit separation. Fourth, authenticity review. The court will exclude expressions formed through inducement, coercion, or exchange of interests. If the audio or video provided by one party shows obvious signs of guidance, its evidentiary value will be weakened. Fifth, the variability of a child's wishes. A child's statement may change with the environment, and the court usually takes the relatively stable expressions formed during the trial as a reference.

III. Professional analysis by Henglue Lawyers

Judging from the custody cases handled by Henglue Law Firm, the older the child is, the more the court emphasizes the stability of their living conditions and the consistency with their own wishes. The role of lawyers is to objectively present these two clues, rather than substituting for the child's statements. There was such a situation in a divorce dispute handled by Henglue Law Firm: 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). In April 2025, Zhang *hua first sued for divorce but was denied the divorce. After the judgment took effect in August of the same year, Wang *sheng discovered that Zhang *hua had an extramarital affair during their marriage. Therefore, he entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to sue again, claiming to dissolve the marriage, have the child live with him/her and have the other party pay alimony, and also demanding a preferential division of the jointly owned property.

Attorney Xiong Binrong did not simply list the conditions for custody rights, but instead analyzed them in light of the child's actual growth environment: First, the daily records, schooling and medical materials showing that the child has been living with the plaintiff for a long time, demonstrating the continuity of the current custody arrangement; Second, by comparing the living conditions, daily schedules, and accompanying time of both parties, it was argued that direct custody by the plaintiff would be more beneficial to the child's learning and physical and mental health; Third, regarding the true wishes of the 11-year-old child, it was proposed that the court should hear the child's views separately in an appropriate setting to avoid causing pressure on the child during the courtroom confrontation. The court ultimately ruled to grant the divorce, with the child living with Wang *sheng, and Zhang *hua paying 550 yuan per month in alimony until the child reaches adulthood. In terms of property division, the court supported the innocent party. 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. This case shows that when the wishes of children aged eight and above are consistent with the stable facts of their lives, their statements carry the greatest persuasive force.

IV. Practical suggestions and legal basis

According to Article 1084 of the Civil Code of the People's Republic of China (on the relationship between parents and children after divorce, who will directly raise the children, and respecting the true wishes of children who have reached the age of eight), and Article 1085 (on the obligation of the non-custodial parent to pay child support), both articles came into effect on January 1, 2021; the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (No. 22 of 2020, effective January 1, 2021) provides specific provisions on the determination and modification of custody relationships. Suggestions: First, do not induce or coerce children to express their opinions, to avoid leaving evidence that could be used against your own claims; Second, systematically organize evidence of the child's continuous life with you, including pick-up and drop-off records, attendance at parent-teacher meetings, accompanying the child to medical appointments, and daily photos; Third, prepare proof materials of stable living quarters, income, and daily schedules, demonstrating your ability to ensure the child's learning and living needs; Fourth, if it is necessary to reflect the child's wishes, you can apply to the court for a separate inquiry or commission a psychological assessment to reduce confrontation in court; Fifth, regarding visitation arrangements at specific times, you can clarify them in your litigation requests.

5. Henglu Law Firm's Reminder

There's a common misconception that needs to be corrected: it's not the case that "the child gets custody of whoever they choose". What the law requires is to respect the child's true wishes, and the ultimate goal is still to ensure the best interests of the minor child. In practice, there are three points worth noting: Firstly, if the child has been cared for by their grandparents for a long time, their assisting ability and willingness will also be taken into account, and relevant evidence can be prepared together; Secondly, if one party creates a fait accompli by concealing or hiding the child, the court may make an unfavorable evaluation and even affect the custody rights; Thirdly, changing the custody relationship requires a legitimate reason. A stable custody situation will not be easily altered due to one party's subjective dissatisfaction. For specific standards, please refer to the relevant legal provisions.Divorce litigation and family disputesA column. For those involving psychological assessment and parent-child relationship identification, you can do it throughSpecialised legal servicesTo understand the process, you can also visitBeijing Henglu Law FirmPlease consult the official website for further information.

VI. Frequently Asked Questions

Q1: Can a child's opinion determine the allocation of custody rights?

This cannot be decided solely. According to Article 1084, Paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021), children who have reached the age of eight should respect their true wishes. However, the court still judges based on what is most beneficial to the minor children, taking into account their ability to raise them, their living conditions, and their emotional connection. If the party with whom the child wishes to live has obvious circumstances that are detrimental to the child's growth, the court may not adopt their wishes. Therefore, the child's wishes are just an important factor, not the sole basis for decision-making.

Q2: What evidence do I need to prepare?

The key point is to prove that the child's living conditions with the parent are stable and better than those with the other party: records of pick-ups and accompaniment when living with the parent, schooling and academic performance materials, medical and vaccination records, proof of residence and income, and explanations of the child's daily routine and accompanying time; police reports, diagnosis certificates, or witness statements regarding the other party's unfavorable circumstances; and third-party materials that objectively reflect the child's living conditions. The evidence should form a timeline and correspond to the child's age and schooling stage. If the child has already started school, the situation statements issued by the class teacher or the community also have certain reference value.

Q3: How much does it cost to file a lawsuit for custody rights?

The attorney's fee is negotiated with the law firm on a case-by-case basis and varies depending on whether the property division is combined, whether investigation, evidence collection, and evaluation are required. Fees for the appeal and enforcement stages are charged separately. For litigation fees, the divorce case is charged at 50 yuan to 300 yuan per case. For cases involving property division with a total amount exceeding 200,000 yuan, a fee of 0.5% is charged. The plaintiff pays the fee in advance and then shares it according to the proportion of the losing party. For cases requiring psychological evaluation or appraisal, additional fees for evaluation and appraisal must be paid. It is recommended to confirm before signing the contract whether the scope of fees includes the application for evaluation and court appearances.

Q4: How long does it usually take from the filing of a lawsuit to the issuance of a verdict?

The simple procedure is generally concluded within three months, and the ordinary procedure is generally concluded within six months; cases involving appraisals, appraisals, or parties applying for an extension of the evidentiary period will be extended accordingly. If one party raises a jurisdiction objection and appeals, it may also add an additional one to two months. If it involves changing the custody relationship, the trial period may be comparable to the first lawsuit, as it requires review of new facts and reasons. If it is necessary to understand the child's wishes before the judgment, the court usually arranges for this to be done separately in the later stages of evidence collection or before the trial.

Q5: What should I do first?

First, objectively evaluate the child's current actual living conditions and the caregiving conditions you can provide, then proceed to fix the continuity of daily life, schooling, and medical care; at the same time, avoid putting any kind of pressure on the child, and do not discuss the details of the lawsuit in front of the child. Whether to apply to the court to hear the child's opinion separately, or whether a psychological assessment is needed, it is recommended to consult a professional lawyer and make a decision based on the case. It is not advisable to arrange for the child to record a video expressing their opinion on their own, so as to avoid being deemed as guiding their expression of opinion.

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.