[Direct answer]Yes. While lawyers cannot change legal standards, they can significantly increase the chances of obtaining custody rights. The core criterion for the court to adjudicate custody rights is what is most beneficial to the minor children: Article 1084 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 children under the age of two shall be directly raised by their mothers, and those who have reached the age of eight shall respect their true wishes. The role of lawyers is to transform long-term stable living, who will take care of them, and living and education conditions into admissible evidence, and to coordinate the order of claims for custody rights, alimony, and property division. It is recommended to sort out the evidence before filing a lawsuit.

I. Problem Background and Typical Scenarios

When divorcing and competing for custody rights, many parents only start looking for lawyers after receiving the lawsuit, at which point they often miss the opportunity to secure evidence. There are four common scenarios: when the child has been living with one parent for a long time while the other parent has better financial conditions; when the child is actually being cared for by grandparents; when one parent has unfavorable circumstances such as infidelity, domestic violence, alcoholism, or long-term neglect; and when the child is taken away and hidden by one parent during the separation, leading to a de facto unilateral custody situation. In these scenarios, the key to victory or defeat lies almost entirely not in the courtroom debate, but in whether the evidence is prepared thoroughly before the trial.

II. Key points of dispute

First, custody rights are not a competition of financial conditions. The court comprehensively considers the children's age, physical and mental health, parents' ability and willingness to raise them, and the stability of the living environment. High income is just one of the factors. Second, age boundaries. Children under two years old generally stay with their mother, and those over two years old are judged by the court based on the principle of what is most beneficial to the minors. Children over eight years old must be heard and their true wishes respected. Third, the actual custody situation during the separation. The fact that the child has been living with one parent for a long time will be taken into account as an important consideration for maintaining the status quo and reducing environmental changes. Fourth, the calculation and payment method of child support, and the specific arrangements for visitation rights are usually handled together with custody rights. When claiming these rights, they should be presented as a package. Fifth, fault circumstances. Although infidelity and domestic violence do not directly determine the custody rights, they can be used as supporting evidence that one party is not suitable to directly raise the child.

III. Professional analysis by Henglue Law Firm

A divorce dispute we handled can serve as an observational case. Ms. Li and Mr. Xu registered their marriage in early 2018 and had a son in 2021. Due to a lack of understanding before marriage, the couple often argued after marriage. In 2020, Ms. Li discovered that Mr. Xu had been having an affair. Although Mr. Xu promised to reform, he failed to genuinely change his ways, and was later arrested by the public security organ for soliciting prostitutes. In early 2022, Mr. Xu left home and the couple has been living separately ever since. Ms. Li firmly demanded a divorce and sought custody of the child, while Mr. Xu agreed to the divorce but claimed that he should raise the child and requested a division of the property, parking spaces, savings, and financial products registered under Ms. Li's name. The conflicts escalated sharply after the case was accepted by Beijing Henglu Law Firm.Li YonghuiThe lawyer first comforted the client, sorted out the couple's financial situation, and conducted investigations and evidence collection regarding the custody conditions, arguing that the legitimate child, who was under two years old, should be raised directly by the mother, and that the child had always lived with the mother. At the same time, the lawyer pointed out that the man had been arrested by the public security organ for soliciting prostitutes during the marriage, which constituted an illegal act and a serious breach of the marital duty of fidelity, and thus constituted a major fault leading to the divorce. The innocent party had the right to request damages. Regarding the man's claim that the real estate and financial assets were jointly owned, the lawyer refuted each item with the gift agreement and investment certificates. In the final judgment, the court ruled that the divorce was granted, and the child would be raised directly by the mother. The man would pay 5,000 yuan per month in alimony until the child reached the age of 18; the car registered in the man's name would belong to him, and he would pay the woman 200,000 yuan as compensation; and the man was ordered to pay 50,000 yuan in damages. The woman's pre-marital house and the house and parking space explicitly gifted to her by her parents did not belong to the couple's joint property. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. The Henglue Family Law Team also includesXiong Binrong、Liu Xiang YingThe lawyer, who has been handling divorce, custody, and family property division cases for a long time.

IV. Practical suggestions and legal basis

According to Article 1084 of the Civil Code of the People's Republic of China (on the attribution of custody rights), Article 1085 (on the burden of alimony), Article 1087 (on the division of joint property, which should take into account the interests of children, women, and the innocent party), and Article 1091 (on the right of the innocent party to request compensation for damages in cases of bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults), the aforementioned provisions have been implemented since 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, implemented on January 1, 2021) provides detailed regulations on the determination of custody rights. Suggestions: First, fix evidence of daily care, including pick-up and drop-off records, communication in parent groups, medical and vaccination records, and payment receipts for school fees; Second, prove stable living conditions, such as materials for nearby school enrollment, housing and income certificates; Third, collect evidence of the other party's unfavorable circumstances, such as police reports, administrative punishment decisions, chat records, and witness statements; Fourth, claim custody rights, alimony, visitation rights, and property division together when suing to avoid multiple litigations; Fifth, if the property volume is large, apply for property preservation in a timely manner. 依据《中华人民共和国民法典》第一千零八十四条（抚养权归属）、第一千零八十五条（抚养费负担）、第一千零八十七条（分割共同财产应照顾子女、女方和无过错方权益）、第一千零九十一条（重婚、与他人同居、实施家庭暴力、虐待遗弃家庭成员或有其他重大过错，无过错方有权请求损害赔偿），上述条文自2021年1月1日起施行；《最高人民法院关于适用〈中华人民共和国民法典〉婚姻家庭编的解释（一）》（法释〔2020〕22号，2021年1月1日施行）对抚养权认定作出细化规定。建议：第一，固定日常照料证据，包括接送记录、家长群沟通、就医与疫苗接种记录、学费缴纳凭证；第二，证明生活稳定性，如就近入学材料、住房与收入证明；第三，收集对方不利情节证据，如报警记录、行政处罚决定书、聊天记录、证人证言；第四，起诉时把抚养权、抚养费、探望权与财产分割一并主张，避免分次诉讼；第五，财产体量较大的，及时申请财产保全。

5. Henglu Law Firm's Reminder

The outcome of custody cases often depends on evidence rather than eloquence. Three reminders: First, if the child is taken away by one party during the separation and lives with them for a long time, the current situation may be maintained by the court as a stable environment. It is necessary to sue for custody as soon as possible and apply for preservation measures at the same time. The longer the delay, the more passive you will be. Second, alimony is not a one-time fixed amount. In the future, due to changes in education, medical expenses, or living standards, adjustments can be claimed separately. If the other party refuses to pay, you can take legal action against them.EnforcementFirstly, the right of visitation and the right of custody are two different things. The non-custodial parent legally enjoys the right of visitation, and the specific time and manner of visitation should be clearly stipulated in the mediation or judgment to avoid secondary disputes. In the judicial practice of Beijing courts, the determination of the custody rights of children aged over two generally focuses on the actual care situation and the continuity of their lives. The relevant handling ideas can be referred to for reference.Divorce litigation and family disputesPlease contact the column or us directlyBeijing Henglu Law FirmMake an appointment for a consultation.

VI. Frequently Asked Questions

Q1: Can hiring a lawyer really increase the chances of winning a custody case?

It can improve the grasp of facts and evidence, but it cannot guarantee the outcome. The court adjudicates according to the principle of acting in the best interests of minor children. The value of lawyers lies in avoiding evidence gaps and misplaced claims, establishing the actual advantages of childcare as facts recognized by the court, and striving for corresponding benefits in alimony, visitation rights, and property division. It's hard to gain credibility with the claim that "the child is closer to me" without supporting evidence.

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

The key elements are three categories: First, evidence of long-term care, such as pick-up and school attendance records, communication in parent groups, medical and vaccination records, and daily spending; Second, evidence of child-rearing conditions, such as housing, income, working hours, and the situation of assisting caregivers; Third, evidence of unfavorable circumstances on the other party, such as police reports, administrative punishment decisions, domestic violence warnings, and records of hiding children or failing to visit them regularly. For children who have reached the age of eight, it is also necessary to prepare materials showing the child's wishes.

Q3: Approximately how much does it cost to hire a lawyer?

The attorney's fees are agreed upon by both parties based on the subject matter, workload, and stage of the case. For cases involving property division, the fees are usually calculated based on the proportion of the disputed property value or in stages. The litigation fees for divorce cases are generally a few hundred yuan. For cases involving property division with a high amount, the fees are charged based on the value of the property, and those who meet the conditions can apply for fee reductions or exemptions. There are no separate fees for claiming alimony.

Q4: How long does a custody battle usually last?

For cases tried in the first instance using the summary procedure, the trial is generally concluded within three months from the date of filing; for cases tried in the ordinary procedure, the trial is generally concluded within six months, and it may take longer if it involves investigation and evidence collection, appraisal, or property evaluation. If either party appeals against the first-instance judgment, the second-instance trial usually takes about three months. If the two parties reach a settlement before or during the litigation, the duration can be significantly shortened.

Q5: What should I do first?

First, secure the evidence of the child's actual care and living stability, then document the unfavorable circumstances of the other party and clarify the package plan for claiming custody, alimony, visitation rights, and property division. At the same time, assess whether there is a risk of the child being taken away and hidden, and if necessary, apply for preservation of evidence before filing a lawsuit. It is more beneficial to file a lawsuit after gathering all the necessary evidence than to rush to file a case prematurely.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines 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 the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Li Yonghui·Beijing Henglue 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. If you encounter disputes, please consult a practicing lawyer in time.