[Direct answer]In the Beijing area, the core of a custody case is to prove that direct custody by the other party is more in line with the principle of "the best interests of the minor children". According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (effective from January 1, 2021), children under the age of two shall be directly raised by their mothers; those over the age of two shall be decided by the court in accordance with the principle of the best interests of the minor children; and those over the age of eight shall respect their true wishes. Before suing, evidence such as the child's living with the other party, education and medical expenses, living and income conditions, etc. should be fixed. At the same time, a rational evaluation of the other party's claims and the room for mediation should be carried out. For specific procedures, please refer to the following link:Divorce litigation and legal services for family disputes.

I. Problem background and typical scenarios

Custody disputes often arise in divorce cases where the marital relationship between the couple has broken down and both parties insist on raising their children. Typical scenarios include: disputes over the custody of young children during the breastfeeding period; cases where the children have been cared for by their grandparents for a long time, and both parties claim that "the child has always lived with me"; cases where two children need to be arranged, with one party demanding "one for each child" and the other insisting on not separating them; and cases where one party uses economic advantages and housing conditions to exert pressure, while the other party excels in daily companionship. In the judicial practice of Beijing courts, judges not only consider the income level, but also focus on who can provide a stable living, schooling, and emotional companionship environment for the children. In cases involving domestic violence and abuse, there may also be follow-up measures.Criminal defense and criminal case filing servicesClaim rights in accordance with the law.

II. Key points of contention

The focus of the custody dispute in this case centers on four aspects: first, the comparison of custody conditions, including income, housing, household registration, school districts, working hours, and helpers; second, the current living situation, including who the children are currently living with and whether changing their environment would be detrimental; third, the children's wishes, as the opinions of children aged eight and above have a significant impact on the court's ruling; fourth, the parties' character and faults, such as domestic violence, abuse, and bad habits, which will directly undermine the claimant's case. In practice, common misconceptions include "the child will go with whoever has more money" or "the child will automatically go with the mother if they are young," the former ignoring the investment in childcare, and the latter not necessarily applying to children aged over two. Organizing evidence around these disputes is more convincing than emotional confrontation.

III. Professional analysis by Henglue Lawyers

In a divorce dispute handled by Henglue Law Firm, 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 the court dismissed her application. In August, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage and thus entrusted a lawyer to file for divorce again, seeking to dissolve the marriage, have the child live with her and require the other party to pay child support, while also claiming a share of the jointly owned property. Zhang *hua verbally agreed to the divorce, but attached harsh conditions including retaining custody of the child and claiming 70% of the jointly owned property. The attorney focused on organizing the evidence of the initial dismissal of the divorce application and the affair to prove that there was no possibility of reconciliation. Combined with the child's growth environment and the parties' ability to raise the child, the attorney argued that having the child live with Wang *sheng would better comply with the principle of the best interests of the minor. The court ruled that Zhang *hua had been having an affair during their marriage after the initial dismissal of her application for divorce, and that their marital relationship had indeed broken down. The court granted the divorce, ruled that the child would live with Wang *sheng, and ordered Zhang *hua to pay 550 yuan per month in child support until the child reaches adulthood. The court also supported Wang *sheng in claiming 70% of the jointly owned property in accordance with the principles of protecting the rights and interests of the child, the non-fault party, and the innocent party. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core legal basis is Article 1084 Paragraph 3 (principle of determining custody), Article 1085 (alimony), and Article 1086 (visitation rights) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on reviewing custody conditions and soliciting the children's opinions in the Interpretation (I) 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. Practical suggestions: First, establish an evidence list and file it according to four categories: living care, education and medical care, living conditions, and the other party's shortcomings; Second, claim alimony and visitation arrangements at the same time when suing, to avoid second litigation; Third, the organization of documents and the trial plan can be referred to for referenceSpecial services and other case servicesFourth, if the other party defaults on the alimony payment, the creditor can recover the alimony through the effective legal documentCreditor-debtor relations and enforcement case servicesApply for enforcement.

5. Henglu Law Firm's Advice

When litigating for custody rights, there are two things to avoid: first, engaging in a "disconnected confrontation" with the child, as hiding the child usually backfires in the judgment; second, trusting the promise of "guaranteed victory", as the outcome ultimately depends on evidence and the law. The litigation generally concludes within three months under the simplified procedure and six months under the ordinary procedure. The parties can also engage in mediation during the litigation to comprehensively resolve issues such as custody, visitation, and property disputes. When handling similar cases in the Beijing area, it is recommended to consult a lawyer as soon as possible to assess the strength of the evidence, which can be done throughBeijing Henglue Law FirmMake an appointment for an interview, present the evidence in advance, and minimize the disputes.

VI. Frequently Asked Questions

Q1: Can I win a custody case? What are the key factors to consider?

The outcome of the case depends on the evidence and legal provisions, not verbal promises. The court makes a comprehensive judgment based on the principle of "what is in the best interests of the minor children": children under the age of two are generally raised directly by their mothers; for children over the age of two, the court will consider who can provide a more stable living environment and better care; and for children over the age of eight, the court will seek the child's true wishes. If you are the party who has been personally caring for the child for a long time and have stable housing, income, and helpers, your chances of winning are relatively higher; if there are situations such as domestic violence or bad habits, the claimant's argument will be significantly weakened. It is recommended to first consult a lawyer to evaluate the conditions and evidence of both parties, and then decide whether to litigate or mediate. Any claims of "guaranteeing custody" are not credible.

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

It is recommended to collect evidence around four categories: First, evidence of living together, such as photos and videos of children living with you, records of picking up and accompanying them to school, and community or property certificates; Second, evidence of parenting investment, such as tuition fees, training classes, medical bills, and communication records with teachers; Third, evidence of parenting conditions, such as property or lease contracts, income certificates, working hours, and statements of grandparents assisting in childcare; Fourth, evidence of the other party's shortcomings, such as long-term separation and living in different places, absence from important events involving the children, domestic violence warning letters, and evidence of bad habits. For children aged eight and above, the court will obtain their wishes through interviews, and it is unnecessary and inappropriate to force them to "rehearse". The more systematic the evidence is, the more convincing the claim will be.

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

The acceptance fee for divorce cases ranges from 50 yuan to 300 yuan per case. If the case involves property division and the total value of the property does not exceed 200,000 yuan, no additional fees are charged. For the portion exceeding 200,000 yuan, 0.5% of the total value shall be paid (Article 13 of the "Measures for the Payment of Litigation Costs", implemented on April 1, 2007). Cases involving the simple claim for alimony or future changes to the custody relationship have lower fees. The attorney's fee shall be determined through consultation based on the complexity of the case, the scale of the subject matter, and the attorney's qualifications, as specified in the power of attorney. Compared with fees, more attention should be paid to whether the evidence preparation is sufficient, so as to resolve custody, visitation, and property issues through mediation in one go, which will reduce both costs and litigation risks.

Q4: How long does a custody case usually last?

For cases subject to simplified procedures, they shall be concluded within three months; for ordinary procedures, they shall be concluded within six months (according to the provisions of the Civil Procedure Law of the People's Republic of China on the time limit for trial); for cases where the other party appeals, the second-instance trial shall generally be concluded within three months. If the case involves property appraisal, paternity determination, or the other party's whereabouts are unknown requiring public notice for service, the period will be extended accordingly. In practice, cases with little controversy and complete evidence are often resolved within a few months; it is also possible to conduct pre-litigation or in-litigation mediation to resolve issues such as custody, visitation, and property in one go, which is more efficient. It is recommended to confirm the key deadlines (evidence-presentation period, trial date) with the lawyer in advance.

Q5: What should I do if the other party snatches and hides the child and refuses to let me see him/her?

If you encounter situations such as child abduction or concealment, you can report the case to the police immediately to preserve evidence and apply for protective measures or request the court to order the other party to cooperate in litigation. Concealing the child will be regarded as a factor that is detrimental to the child's physical and mental health, which will ultimately harm their chances of obtaining custody rights. According to Article 1086 of the Civil Code, the party who does not directly raise the child has the right to visit the child, and the other party may not refuse without a valid reason. If the other party refuses to assist after the judgment, you can apply for compulsory enforcement. It is recommended to keep all communication records and police reports throughout the process. If necessary, you can hire a lawyer to send a letter or file a lawsuit to resolve the matter through legal channels. Please do not resort to "kidnapping children" to counteract "kidnapping children".

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently 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 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.