[Direct answer]In legal terms, there is no inherent priority for either the father or the mother. The sole criterion for determining custody rights is what is in the best interests of the minor child. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), after divorce, children under the age of two shall, in principle, be directly raised by the mother; when the child has reached the age of two and the parents fail to reach an agreement, the people's court shall, based on the specific circumstances of both parties, make a judgment in accordance with the principle of what is in the best interests of the minor child; when the child has reached the age of eight, the child's true wishes shall be respected. Therefore, whether it is possible to secure custody rights depends on factors such as the child's age, who the child has been living with for a long time, the parents' ability and conditions for raising the child, and the child's own wishes. When handling such disputes in the Beijing area, it is recommended to fix the evidence of cohabitation, daily care, and financial ability as soon as possible, and then determine the direction of the claim.

1. Problem background and typical scenarios

Custody disputes are the most likely to exacerbate conflicts in divorce cases. Typical situations include: one party has a higher income but is frequently on business trips, with the actual care being provided by the other party or grandparents; the conditions of both parties are similar, so they can only compare living environments, educational resources, and time spent with the child; the child has reached the age of eight and expressed clear preferences, but one party believes that these preferences are influenced by the other party; and there was an agreement at the time of divorce, but it needed to be changed later due to the custodial parent's illness, negligence, or relocation. In the judicial practice of Beijing courts, judges will inquire about the child's actual living conditions, focusing on who provides daily care and who can provide a stable environment, rather than simply comparing income levels. For related family matters, please refer to the following sources for reference:Divorce litigation and legal services for family disputes.

II. Key points of dispute

The focus of the dispute centers on three aspects. Firstly, the age demarcation: it is a principle that children under the age of two are directly raised by their mothers, and after the age of two, the court will make a comprehensive judgment based on the principle that is most beneficial to the minor children. After the age of eight, the court should respect the true wishes of the children. The application prerequisites of these three rules are different. Secondly, the comparison of raising conditions: economic ability, housing and household registration, education and medical resources, accompanying time, health status, and whether there are bad habits, all belong to the factors considered by the court. Income is not the only standard. Thirdly, the statutory circumstances for change: according to Article 56 of 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, if the party living with the children suffers from a serious illness or disability and is unable to continue raising them, fails to fulfill his or her obligation to raise them, or abuses the children, or if the children wish to live with the other party and the other party has the ability to raise them, the court may support the change. If it involves the evaluation of the children's psychological condition, it can be combined with the relevant provisions of 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. 争议焦点集中在三个方面。一是年龄界限：不满两周岁的，原则上由母亲直接抚养；满两周岁后，按最有利于未成年子女的原则综合判断；满八周岁的，应尊重子女真实意愿。这三档规则的适用前提各不相同。二是抚养条件比较：经济能力、住房与户籍、教育与医疗资源、陪伴时间、健康状况、有无不良嗜好等均属于法院衡量因素，收入并非唯一标准。三是变更的法定情形：根据《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）》第五十六条，子女随一方生活，因患严重疾病或伤残无力继续抚养、不尽抚养义务或虐待子女、子女愿随另一方生活且该方有抚养能力等情形，可以支持变更。若涉及子女心理状况的评估，可结合相关条款进行。Legal services for personal injury and medical disputesUnderstand the methods of fixing evidence.

III. Professional analysis by Henglue Law Firm

A dispute over changing the custody relationship handled by Henglue Law Firm vividly demonstrates the court's adjudicative approach. Zhang Liyuan and Chen Li registered their marriage in 2009 and had a son, Chen Yu, in 2014. In 2019, the couple agreed to divorce and stipulated that Chen Yu would be raised by his father, Chen Li. However, after that, Chen Li suffered from a serious illness and had mobility issues. When the child was under his custody, he often became nervous and resistant towards him. The child's psychological problems were diagnosed by the Department of Psychosomatic Medicine of the Children's Hospital. After Chen Yu reached the age of 10, he explicitly expressed his wish to live with his mother. Based on this, Zhang Liyuan entrusted Beijing Henglue Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit with the court, requesting a change in custody rights and requiring Chen Li to pay child support. Chen Li argued that Zhang Liyuan had no fixed job, was temperamental, and lived far away, so he did not agree to the change. Lawyer Li Yonghui's approach was to submit Chen Li's medical records and the child's psychological diagnosis report to prove his inadequate guardianship ability; to submit Zhang Liyuan's asset and income certificates to respond to the defense of lacking child-rearing ability; to apply for the court to question Chen Yu in court and submit daily interaction photos and videos to corroborate the emotional bond between mother and child; and to cite Article 56 of 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 to demonstrate that when the child living with one parent is unable to continue raising the child due to serious illness, and the child who has reached the age of eight wishes to live with the other parent and the other parent has the ability to raise the child. The court ultimately determined that Chen Yu had reached the age of eight and had clearly expressed his wish to live with his mother, and Zhang Liyuan had the financial ability and conditions to raise the child. The court ruled that the custody rights of Chen Yu should be changed to Zhang Liyuan, and Chen Li should pay 8,000 yuan per month in child support until the child reaches adulthood. 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.

IV. Practical suggestions and legal basis

There are four practical suggestions: First, document daily care activities by keeping records of pick-ups and drop-offs, medical accompaniment certificates, communication records with parents' meetings and class groups, and daily photos to prove who is actually raising the child; Second, quantify the conditions for child-rearing by preparing income and tax payment certificates, housing and household registration materials, and explanations of educational and medical resources. If necessary, provide proof of the elderly's willingness to assist in childcare; Third, properly handle the evidence of the child's wishes. Children aged 8 or above can be questioned by the court in court to avoid obtaining written opinions through inducement; Fourth, assess the necessity of changes. If there are no statutory circumstances, it will be difficult to obtain support for change requests. The legal basis mainly includes Article 1084 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021) on child custody after divorce, Article 1085 on the burden of alimony, and Article 1086 on visitation rights; Article 56 of the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (Law Interpretation [2020] No. 22, implemented on January 1, 2021) on the statutory circumstances for changing custody relationships. For issues related to living conditions and property arrangements, reference can be made to relevant provisions.Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Advice

There is no gender advantage in the custody battle, and there is no one-time victory or defeat. Three tips: First, don't regard the custody battle as a punishment for the other party. The court pays more attention to the child's stability and emotional needs; Second, making a sudden move to relocate the child, hiding the child, or blocking the other party's visit often backfires and may be deemed detrimental to the child's growth; Third, even if there is an agreement at the time of divorce, it doesn't mean that it can't be changed. If legal circumstances arise, it's still possible to file a lawsuit separately, but solid evidence must be provided. For complex cases involving the child's psychological condition, living in a different city, or cross-regional enforcement, it is recommended to seek professional help.Special services and legal services for other casesObtain assistance and propose an enforceable parenting and visitation plan.

VI. Frequently Asked Questions

Q1: Who is more likely to secure custody of the child between the father and the mother?

The law does not set preferences based on gender. There is only one criterion for judgment, which is to ensure the best interests of minor children. According to Article 1084 of the Civil Code, children under the age of two are generally raised by their mothers directly, which is due to age differences rather than gender privileges. After the child reaches the age of two, the court will comprehensively consider the parents' ability to raise the child, their current living conditions, and the child's wishes to determine custody. When the child reaches the age of eight, the court should respect the child's true wishes, and in judicial practice, these wishes usually play a crucial role. Therefore, the parent who has been providing long-term actual care for the child and who can provide a stable environment is more likely to gain support for their custody claim.

Q2: What evidence do I need to prepare to fight for custody of my child?

The core evidence can be divided into three categories: First, evidence of the current living situation of the children, including proof of the children's long-term residence with the parent, school enrollment materials, records of medical accompaniment and transportation, class group and chat records, and daily photos; Second, evidence of the parent's ability to raise the children, including income and tax payment certificates, housing and household registration materials, social security records, and certificates of physical health; Third, evidence of the other party's unfavorable circumstances, such as a diagnosis of a serious illness, long-term failure to fulfill care obligations, bad habits, or records of improper guardianship. If a change is involved, it is also necessary to prove that the circumstances specified in Article 56 of the Interpretation of the Marriage and Family Code (I) exist. The more specific the evidence is, the easier it will be for the claim to be accepted.

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

The attorney's fees are negotiated between the law firm and the client and specified in the agency contract. They are usually charged on a per-case basis or as a percentage of the case value, with no unified standard. Litigation fees are paid in accordance with the "Measures for the Payment of Litigation Costs". In divorce cases involving property division, the fees are calculated separately based on the value of the disputed property. Custody rights themselves are generally not charged on a case value basis. It should be noted that marital and family cases fall within the scope of limited risk agency, and result-based fee-sharing cannot be agreed upon. It is recommended to clarify the agency stages and fee ranges before entrusting, comprehensively evaluate the cost and expected benefits of striving for custody rights, property division, and alimony requests, and make a reasonable decision based on the actual situation.

Q4: How long does it usually take to resolve a custody dispute?

The litigation cycle is affected by procedures: cases in the first instance applying the summary procedure are concluded within three months, and cases in the ordinary procedure within six months; if they involve psychological assessments of children, paternity tests, or appeals by one party, the time will be extended. If it is a change of custody relationship, it is necessary to first prove the statutory change circumstances, and there may be more evidence collection and court hearings. The same applies to visitation rights disputes and adjustments of child support. It is recommended to complete evidence preparation and pre-litigation communication before filing a lawsuit to reduce intermediate procedures; for cases requiring urgent measures to stop one party from taking away children without authorization, applications for behavioral preservation or provisional execution can be made to fix the current situation in a timely manner.

Q5: I want to fight for custody of my child. What should I do as the first step?

It is recommended to follow a four-step process: First, stabilize the child's living situation, do not change their living and schooling environment, and avoid making actions that are unfavorable to themselves, such as hiding or blocking visits; Second, systematically organize the current situation of child rearing and evidence of rearing ability, and form a timeline list; Third, assess whether there are statutory changes or disputes over custody rights, and determine whether to proceed with negotiation or litigation; Fourth, consult a professional lawyer with the necessary materials, clarify the claims, and propose an enforceable visitation plan. If the child is over eight years old, it is more appropriate to respect their true thoughts and have the court question them in court, rather than obtaining written opinions through coercive methods.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.