[Direct answer]In the Beijing area, it is possible and the court encourages settlement through negotiation. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), after divorce, the child shall be directly raised by the mother if the child is under two years old, and the parents shall reach an agreement if the child is over two years old. If no agreement can be reached, the court shall make a judgment in accordance with the principle that is most beneficial to the minor child. For children over the age of eight, the court shall respect their true wishes. Generally, the court will confirm the agreed upon settlement plan in the mediation or judgment process. The key points include clearly stipulating the amount of alimony and the adjustment mechanism, the specific visiting periods and handover methods, as well as the conditions for future amendments.

1. Problem background and typical scenarios

When parents fight for custody rights, the children are the ones who suffer the most. More and more parties choose to negotiate a solution: one parent directly raises the child, while the other pays child support and visits regularly, which is both quick and reduces conflicts. However, it's also common to see situations where "verbal agreements are made but later regretted", or "only the ownership of the child is specified, with vague provisions on child support and visitation rights", ultimately leading to litigation in court. To truly save trouble, the agreement must be put in writing and be enforceable.

II. Key points of contention

Firstly, the effectiveness of the agreement: The custody provisions in the divorce agreement or mediation document are binding on both parties. Secondly, the court's review: If the agreement is obviously detrimental to the children, it may not be approved. Thirdly, the determination of alimony: Generally, it is based on 20% to 30% of the total monthly income. Fourthly, visitation and modification: It is necessary to clearly set out the enforceable details and modification conditions.

III. Professional analysis by Henglue Law Firm

Negotiation does not mean arbitrariness. The proposed plan must withstand the test of implementation and time. Taking a divorce dispute handled by our firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In 2025, Zhang *hua first sued for divorce but was denied. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair, so she entrusted lawyer Xiong Binrong of our firm to sue again, claiming to dissolve the marriage, have the minor son live with the plaintiff and have the defendant pay alimony, and divide 70% of the jointly owned property. Lawyer Xiong Binrong collected the judgment of denying divorce and the evidence of the affair to prove that the marriage had indeed broken down and there was no possibility of reconciliation. Combined with the child's growth environment, the parties' performance and their ability to raise the child, she argued that it was more in line with the principle of the best interests of minors for the minor son to live with the plaintiff. And she strictly adhered to the principle of the Civil Code of protecting the rights of the innocent party and advocated for a tilted division of property. The court ultimately determined that Zhang *hua's infidelity during the marriage constituted a major fault, and ruled to grant the divorce, have the child live with Wang *sheng, and have Zhang *hua pay 550 yuan per month in alimony until the child reaches adulthood. Wang *sheng was awarded 70% of the jointly owned property. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Although the case was concluded by litigation, the amount of alimony and visitation arrangements are also core elements that must be specified in the negotiated settlement agreement.

IV. Practical suggestions and legal basis

The first step is to reach an agreement on three issues: who will directly raise the child, the amount of alimony, and how to arrange visitation rights, before discussing other property issues. The second step is to clearly specify the amount of alimony, the payment schedule, the adjustment mechanism, and the consequences of default. The third step is to specify the visitation arrangements in detail, including the week of each month and the time and location of pick-up and drop-off. The fourth step is to agree on a consultation mechanism for major issues and the conditions for changing the custody relationship. Main legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the Interpretation of the Marriage and Family Chapter of the Civil Code by the Supreme People's Court (I) regarding child custody. Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There are three key points to note when negotiating custody rights: courts are willing to mediate if possible, but the agreement must be put in writing; all three issues—child support, visitation rights, and custody modification—must be addressed in one go, without leaving any ambiguity; and agreements that are clearly detrimental to the child's interests may not be recognized by the court. For matters involving custody negotiations and family disputes, you can seek assistance through legal channels.Divorce litigation and family disputesYou can combine the overall solution for service provision with the enforcement of alimony payments.Creditor's rights and debts, and enforcementFor plates related to the protection of minors' rights and interests, you can refer to the following resources for reference:Special servicesFor columns involving the review of agreement terms, you can seek advice from usBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Will the court recognize the custody rights agreed upon through negotiation?

Yes. If the agreement on divorce is written into the divorce agreement or the mediation agreement in the litigation, it is binding on both parties. As long as it is not obviously detrimental to the minor children, the court will generally confirm it.

Q2: What materials are needed for the negotiation?

The child's birth certificate, household registration information, the income and residence proofs of both parties, actual care records, and the proposed child support and visitation arrangements can help evaluate the reasonableness of the proposed plan.

Q3: Is it expensive to resolve the issue through negotiation?

It's much lower than adversarial litigation. There are basically no additional fees for registering a divorce by agreement. The drafting and review of the agreement are charged according to the lawyer's services, and the overall cost is controllable.

Q4: How long will it take for the agreement to take effect after negotiation?

The divorce by agreement is finalized upon registration and obtaining the divorce certificate or the effective date of the divorce agreement; the mediation agreement in litigation takes effect upon its receipt, and the provisions on visitation and child support become enforceable thereafter.

Q5: What should I do if the other party changes their mind and refuses to fulfill their obligations?

Apply for enforcement based on the divorce agreement or mediation agreement, and claim that the alimony be paid on time; if the other party refuses to cooperate with the visitation, you can apply to the court to take indirect enforcement measures against the obligated person.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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, 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 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.