[Direct answer]In the Beijing area, we should respect the children's true wishes, but this doesn't mean that the children can make all the decisions. Article 1084 of the Civil Code clearly stipulates that when divorcing, if the children are over eight years old, their true wishes should be respected. The court will, on the basis of hearing the children's opinions, continue to determine the custody conditions, the continuity of the children's growth, and the parents' ability to raise the children in accordance with the principle that is most beneficial to the minor children. The children's wishes are an important reference, but not the only standard. The authenticity of the children's wishes (whether they are induced or coerced) will also be reviewed.

I. Problem Background and Typical Scenarios

When the child enters primary school and gains the ability to make their own judgments, both parents "respect the child's choice" during the divorce process. However, one privately asks the child about their preferences, while the other openly promises them mobile games and pocket money, turning what should have been a calm discussion into a vote-buying scene. Eight years old is the legal dividing line: children under two are generally raised by their mothers, while those over eight should be respected for their true wishes. For those in between, the court will make a comprehensive judgment. Many litigants only remember the phrase "listen to the child", but overlook the two safeguards of authenticity review and comprehensive judgment.

II. Key points of contention

First, the way children express their wishes, whether the judge conducts a separate interview, takes notes of the conversation, or conducts a psychological assessment. Second, how to determine if the child's wishes have been induced or pressured by one party. Third, if the conditions of the party the child wants to live with are clearly worse, how should the court make a choice. Fourth, the balance between the children's wishes and the interests of "growing up together" in a family with two children.

III. Professional analysis by Henglue Lawyers

A custody dispute case handled by Henglu Law Firm can be used as a reference: Xiaoya and Xiaolei registered their marriage in November 2013 and had an elder son (born in September 2015) and an elder daughter (born in October 2018). Both children have been living with Xiaoya. Xiaolei, who was often away for business, has been living separately from Xiaoya for over ten years. After the birth of their eldest son, Xiaoya took sole responsibility for the children's daily life, academic guidance, medical care, and psychological support, while Xiaolei failed to fulfill his support and custody obligations. Xiaoya entrusted He Ningning, a lawyer from Beijing Henglu Law Firm, to file for divorce and claimed that both children should be awarded to her. However, Xiaolei sued first, demanding that each child be raised by one parent and that the woman pay child support. The woman was then transformed into the defendant. The lawyer collected travel records, residence certificates, WeChat chat records, and records of the children's education and medical care to prove that the couple had no communication during their separation and that the man was frequently absent from family life. Based on the principle of "what is best for the minor children", the lawyer argued that the woman's long-term shared custody had formed a stable parenting relationship, and that sudden changes would be detrimental to the children's physical and mental health. Moreover, the man lacked stable care conditions in a different city, so it was appropriate for the woman to directly raise the two children. The court adopted this opinion, breaking with the common "one child with each parent" balance approach in judicial practice. It mediated the divorce and awarded custody of both children to the woman, with the man legally paying child support. The division of property and debt assumption also resulted in favorable outcomes for the woman. This case was handled by Beijing Henglu Law Firm.He NingningThe lawyer (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the child's age is just a starting point. The focus of the ruling is on the stability of the child-rearing relationship and the continuity of the child's growth.

IV. Practical suggestions and legal basis

First, sort out the child's actual life trajectory, including who picks them up and drops them off, who provides care, and with which party they have a deeper emotional bond. Second, do not privately repeatedly ask or induce the child to express their opinion, to avoid losing points in the authenticity review. Third, in families with two children, organize evidence around "common growth interests" rather than solely advocating for a single child. Fourth, for children aged eight or above, you can apply to the court to hear their opinions separately and, if necessary, introduce psychological assessments to assist. Main legal basis: Article 1084 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the need to respect the true wishes of children aged eight or above; 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 (effective from February 28, 2021) regarding the relevant provisions on child custody; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points regarding the rights of 8-year-old children: Their wishes must be respected, but their authenticity will be verified. Inducing them to vote for you is self-sabotaging evidence. Beyond their wishes, consider their conditions. Stable care and continuity of growth carry higher weight. There's no need to assume that each child must have their own guardian. The benefits of their joint growth can break with conventional norms. Kidnapping children or engaging in confrontational disputes in front of them are all behaviors that harm the children's interests in the eyes of judges. Matters involving the attribution and modification of custody rights can be resolved through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution that integrates child support payment and enforcementCreditor's rights and debts, and enforcementFor reference, you can refer to the sections involving psychological assessments and special arrangements for minorsSpecial servicesFor those who need advice on the overall division of family assets, please consult the relevant column\nInheritance and division of family propertyTeam.

VI. Frequently Asked Questions

Q1: How does the court hear the opinions of children aged over eight?

Usually, the judge will interview the child separately outside the courtroom and prepare a transcript of the conversation. The interview may also be conducted via video, and if necessary, a psychological assessment agency will be commissioned to provide an opinion. Parents are generally not present to reduce the pressure. The child's opinion will be recorded in the case file and serve as an important reference for the determination of custody rights.

Q2: If the child says they want to live with one parent, will the custody be granted to that parent automatically?

Not necessarily. Respecting the true wishes does not mean accepting them all. The court will also examine whether the wishes were induced or expressed under pressure, and make a comprehensive judgment based on the parents' rearing conditions and living stability. If the rearing conditions are obviously unfavorable to the child, the expression of the wishes will not necessarily lead to that result.

Q3: What is the approximate cost of hiring a lawyer for a custody case?

For custody cases that do not involve property, most are charged on a per-case basis, with significant differences in market prices across different regions. For cases combined with divorce and property division, fees are negotiated based on the overall workload. It is recommended to request a written quote and clarify the service milestones during the consultation. Reputable law firms will always provide transparent pricing, and be wary of quotes that promise guaranteed outcomes.

Q4: How long does it take for the first-instance trial of a custody dispute case?

The simplified procedure is generally concluded within three months, and the ordinary procedure is generally concluded within six months; if it is necessary to separately interview the child or commission an evaluation, the timeframe may be slightly extended. If a mediation agreement is reached during the litigation, the case will be concluded with the issuance of a mediation agreement, which will have the least impact on the child.

Q5: Can the custody rights be changed after the judgment is made?

Yes. If the direct custodian suffers from a serious illness, fails to fulfill his or her custody obligations, or abuses the child, or if the child aged eight or above wishes to live with the other party and the other party has the ability to raise the child, the party may sue to change the custody relationship; if both parties agree, they may also change the custody relationship by agreement, with the best interests of the child as the highest standard.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions 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·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. In case of disputes, please consult a practicing lawyer in time.