What evidence does Ningbo need to prepare for child custody- Zhiheng Law Firm

Mr. Zhang and his wife are on the verge of divorce due to a breakdown in their relationship, and both wish to gain custody of their five-year-old child. Mr. Zhang would like to know what evidence he should gather to demonstrate that he is better suited to raise the child. Direct conclusion: the custody dispute revolves around the principle of "most beneficial to minor children". Evidence preparation should cover five dimensions-self-support ability, emotional foundation with children and long-term care facts, living environment and educational conditions, support planning scheme, and the unfavorable situation of the other party; The point of evidence is not "how high my income is", it is "the child follows me to get a stable, healthy and continuous growth environment".

Legal basis of 1.: What is the scale of judgment

Article 1084 of the the People's Republic of China Civil Code stipulates that after divorce, children under the age of two shall be directly raised by their mothers; for children over the age of two, if both parents fail to reach an agreement on the issue of raising, the people's court shall make a judgment according to the specific circumstances of both parties and in accordance with the principle of most beneficial to minor children; children over the age of eight shall respect their true wishes. The Supreme People's Court's interpretation of the application of the Marriage and Family Section of the the People's Republic of China Civil Code (I) unfolded the details of the decision: Article 44 clarifies that children under the age of two live with their mothers in principle, and if the mothers suffer from unfit circumstances such as infectious diseases that cannot be cured for a long time, the father's request for direct support shall be supported; article 46 lists the situations in which priority is given to the parents of children who have reached the age of two when they both request direct custody-one party has undergone sterilization or has lost fertility for other reasons, the children have changed significantly with their longer life, the environment is obviously unfavorable, the other party has no other children and the other party has other children, the other party suffers from infectious diseases or other serious diseases that have not been cured for a long time, etc; article 47: "Children have lived alone with their grandparents for many years and the elderly have the ability to help take care of them" as a priority condition for direct parental care.

restoring the provisions to the language of evidence is: what the court wants to judge is "how to divide the two-year-old" (principle plus exception), "who is more favorable when the two-year-old is over" (comparing the parenting conditions of parents with the living conditions of their children), "how to say the children over the age of eight" (respecting the will but need to verify the authenticity). Evidence preparation must therefore be "organized in principle and reinforced against exceptions", rather than a web of material.

2. List of evidence: Clearly itemized in five categories.

Evidence of support ability: proof of salary flow and income (including bonus and stable business income) in the past year, personal income tax payment record, labor contract and social security payment record, proof of stable work, house property certificate or long-term lease contract. Note that the higher the income, the better-the court values "stability and sustainability" and "sufficient time to accompany". High-income earners who travel for a long time and work overtime frequently may be at a disadvantage. Therefore, attendance records, home office arrangements and other materials that can show their ability to control time should be prepared at the same time.
Evidence of the parent–child relationship and long-term caregiving: daily pick-up and drop-off records (kindergarten/school attendance logs, group chat messages), medical records and payment receipts for accompanying the child to medical appointments, photos and videos of parent–child activities (with dates and locations indicated), utility and property management fee payment records showing co-residence with the child, and testimonies from teachers and neighbors. This type of evidence addresses the issue of "the child has lived with that parent for a longer period," as stipulated in Article 46, Paragraph 2 of Interpretations (I), which is the primary focus of review by the Ningbo courts.
Evidence of living and educational environment: housing area and house type, school qualification and schooling certificate of the school district where they are located, surrounding medical and activity facilities, and description of community environment. For children who are already enrolled in the school district, proof of attendance and information on their status quo are a strong support for the "status quo" proposition.
Child-Rearing Plan: A written plan outlining daily routines, educational arrangements, visitation coordination, and a financial budget, demonstrating that you have a clear and feasible approach to child rearing, rather than engaging in a dispute over pride or principle. For children aged eight or older, please attach documentation reflecting the child’s genuine wishes as ascertained through amicable means (the court will conduct a separate inquiry to verify; materials provided by the parents are for reference only).
Evidence of the other party’s adverse circumstances: Evidence that the other party has engaged in domestic violence (police reports, medical examination records, warning letters), is addicted to alcohol, drugs, or gambling, suffers from a mental illness, abuses or abandons children, or has been absent from home for extended periods without justifiable reason, or is currently serving a prison sentence. Such evidence must be obtained legally, and materials obtained by illegal wiretapping, intrusion into homes, etc., may be excluded or even adversely affected.

3. procedure tools: family investigation, psychological evaluation and court hearing expression

Evidence regarding child custody is not limited to written documents; courts in Ningbo and other localities have developed investigation and assessment mechanisms in family litigation, which parties should make full use of.

Apply for family investigation: when both parties hold different opinions on the conditions of raising, they can apply to the court to entrust family investigators to visit families, schools and communities and issue objective investigation reports. The investigation conclusions have great influence on the judgment (466 investigation reports have been issued by the family investigators of Ningbo Ninghai Court, and the family investigation mechanism of Yuyao Court has been promoted by the Supreme Law).
Request for Psychological Counseling and Assessment: In cases involving disputes over the child’s wishes or the parent–child relationship, you may apply for an assessment by a professional institution.
witness to appear in court: the written testimony of relatives, teachers and neighbors has limited effect, and the application of key witnesses to appear in court for questioning has stronger probative force.
The focus of the trial statement: The statement revolves around the three issues of "who is taking care of, who has time, and who is more stable" to avoid emotional accusations against the other party, and the accusations must be based on evidence.

4. Common misconceptions

Misunderstanding 1: High income is sure to get custody. The court makes a comprehensive assessment of the parties’ ability to provide care, the time they can spend with the child, the emotional bond, and the stability of their living arrangements; income is only one factor, and a “high income” that has been consistently absent does not confer an advantage.
Misunderstanding 2: Children must be awarded to their mothers when they are young.. Under the age of two, the principle is direct support from the mother, but the father can fight for the mother's legal inappropriateness (e. g. suffering from serious infectious diseases and failing to fulfill the obligation of support).
Misunderstanding 3: Collect each other's privacy, the more the better. Evidence must be obtained legally, and evidence of invasion of privacy and illegal recording may be excluded, and new tort liability may be triggered.
Misunderstanding 4: If you grab the child and hide the child, you win by half.. Malicious snatching and hiding children may be found by the court as a negative factor that is not conducive to the growth of children, and the loss outweighs the gain.
Misunderstanding 5: The opinions of eight-year-old children can be "guided". The court will independently inquire into and verify the genuineness of the expressed wishes; any statements formed under parental pressure or inducement, once detected, will instead undermine their credibility.

Timeline of 5. Evidence Submission and Common Losses

The evidence of custody right should not only be "available", but also be "delivered in time":

Timeline management: after filing a lawsuit or responding to a lawsuit, submit evidence within the time limit specified by the court; for those who need to investigate and collect evidence (the income, housing and whereabouts of the other party), apply in writing to the court for investigation order or investigate ex officio within the time limit of proof; explain the reasons for adding new evidence before the court session to avoid being excluded or admonished by the overdue evidence. The application for family investigation and psychological evaluation should be submitted before the first hearing, and the court should reserve time for investigation.
The order of the probative power of the evidence: official documents and documentary evidence (judgment, receipt of alarm, birth certificate)> original documentary evidence (bank records, medical records, bill of payment)> electronic data (chat records and transfer records with original carriers)> witness testimony> unilateral statement. A large number of photos and videos should be accompanied by time, place, person description and arranged according to the time line, not cluttered.
Common Losing Point One: It only proves that "I have money". A certificate of income does not address the question of “who is caring for the child”; it must be supplemented by records of pick-up and drop-off, medical visits, and companionship to establish a combination of both the capacity to provide support and actual caregiving.
Common Losing Point 2: Derogatory to the other party but no evidence. The trial statement attacks the character of the other party without evidence to support it, which is not accepted and may leave an emotional impression on the judge.
Common Losing Point Three: Ignoring Children's "Life Status". For children who live with their grandparents for a long time and study in regular schools, these "evidence of the current situation" is precisely the basis for explaining the priorities of Article 46, Item 2 and Article 47 of the (I). Omission means loss of points.

6. FAQ

The other party has a history of domestic violence, how to fix the evidence

Save the receipt of the alarm, the warning letter of the public security organ, the records of injury identification and injury examination, and the medical records of the hospital. If necessary, apply for the personal safety protection order -- the protection order itself is a powerful negative evidence.

The child goes to school in Ningbo, and I work in other places. Can I still fight for custody?

Yes, but "maintaining the school environment" is usually beneficial to the actual caregiver. You can strengthen your case by providing evidence that you are prepared to work and settle in Ningbo, and that your children are being cared for long-term by your parents (as explained in Article 47, (I)), or by seeking an agreement for alternating custody.

The conditions of both parties are similar, how will the court decide

When the conditions are equal, the court tends to maintain the status quo of children's life (the party with the longer life takes priority, and the second item of Article 46 of the (I) is explained), and comprehensively weigh the factors such as the grandparents' assistance to take care of the situation, the willingness of the children, and whether one party has other children.

I didn't get custody for the first time. Can I change it later?

Can. Article 56 of the interpretation (I) stipulates that if the direct supporter suffers from serious illness and is unable to raise, fails to fulfill the obligation of raising or maltreats the child, and the child over the age of eight is willing to live with the other party and the party has the ability to raise, etc., he may sue and request to change the custody relationship.

When the child was under two years old at the time of the prosecution, did the father have little hope?

In principle, if the mother lives with the mother, but the mother suffers from serious diseases that are not suitable for living together, such as infectious diseases that can not be cured for a long time, or if it is not suitable to live with the mother due to other reasons, the father's request for direct support can be supported (Article 44 of the (I)); if both parents agree to be supported by the father and have no adverse effect on the healthy growth of the children, the court also granted permission (art. 45). Fathers should focus on gathering evidence around the above statutory exceptions.

How long does custody litigation usually take?

The summary procedure is concluded within three months from the date of filing the case, and the ordinary procedure is generally six months, involving the family investigation, psychological assessment or the corresponding extension of the service of the announcement; the family cases in Ningbo court are generally mediated in advance, and the mediation statement can be made on the spot if both parties can reach an agreement, and the cycle is much shorter than that of the judgment.

When a child is between two and eight years old, what does the court value most?

At this stage, there is no hard rule of "who follows the principle". The court weighs comprehensively according to the principle of the most favorable to minor children, and pays the most attention to the "continuity of the status quo"-which party the children live with for a long time, whether the school is stable, the assistance of grandparents, and the parents' respective parenting ability, conduct and accompanying time. Objective records are more important than subjective statements.

Does the other party not go home for a long time and the children all depend on me to take care of them count as evidence of custody advantage?

It counts. If the other party is absent for a long time and one's own party undertakes all daily care, it not only conforms to the priority situation of "children living with them for a long time" (item 2 of article 46 of the explanatory (I)), but also reflects that the other party has not fulfilled its obligation to raise them, which is a strong fact of custody claim. The other party's business trip and assignment records, as well as one's transportation, medical treatment and payment vouchers, should be kept to form a contrast.

Does witness testimony play a big role in custody cases

is auxiliary evidence: the testimonies of teachers, neighbors and relatives can confirm the fact of care and parent-child affection, but the probative force of using them alone is limited, so they should be used in combination with objective evidence such as transportation records, photos and videos, payment vouchers, etc. In principle, witnesses should testify in court and be questioned, and it is difficult to be fully accepted only by submitting written testimonies.

Is it necessary to have a lawyer in order to fight for custody?

It depends on the complexity of the case: both parties have close support conditions and high requirements for evidence organization, professional agents can systematically sort out the evidence, grasp the procedural nodes such as family investigation application and proof period, and the effect difference is obvious; if the fact is simple and the other party is obviously at a disadvantage, they can also handle it by themselves, but they should pay attention to the standardization of evidence, ranking of probative force and expression in court trial to avoid losing points due to procedural omissions.

Do all the evidence related to child custody need to be notarized?

No need. Paper documentary evidence (medical records, payment slips, contracts) can be kept in the original, and its proof depends on the authenticity of the content and reliable source. Electronic evidence (chat records, transfer records, photos) is easily tampered with, so it is recommended to notarize it in time or fix it with credible time stamps to prevent the authenticity from being questioned in court hearings. Notarization is a means to enhance the force of proof, not the threshold of evidence.

Can I bring my child to court when the hearing is held?

Not generally recommended. If it is necessary to listen to the opinions of the children, the court will arrange the judge to inquire separately in a suitable environment. Parents do not need and should not bring their children to participate in the confrontation, so as not to cause psychological pressure on the children. If there is a dispute over the living conditions of the children, they can apply for family investigators, social workers or psychological professionals to intervene and understand. The effect is better than letting the children express their opinions in court.

7. Practical insights from a lawyer's experience

When the parties come to ask for custody, they usually bring a thick stack of payroll and real estate certificate, but the direction of evidence that really determines the outcome is not here. During the course of the case, it has been repeatedly emphasized that disputes over child custody revolve around what is “in the best interests of the minor child.” The relevance of evidence lies not in “how much I earn,” but in whether the child can enjoy a stable, healthy, and continuous environment for growth if they live with me. Therefore, the preparation of materials should cover five dimensions-one's own upbringing ability and stability, the emotional foundation and long-term care facts with children, living and educational conditions, a specific upbringing plan, and the situation that the other party is not conducive to upbringing.In the right direction, evidence has weight. If the direction is wrong, no matter how much material is piled up.

When organizing evidence, the timeline should be done together with the evidence list. In practice, the relatively safe order is: before filing a case, fix what you can get, such as living and school environment, photos and records of daily care, income and social security and other stable materials; At the same time, list the list that needs to be obtained through judicial channels, such as the other party's income, bad records and situations involving the ability to take care of, which shall be settled through investigation and evidence collection after entering the lawsuit. When submitting, classify and bind according to these dimensions, so that the judge can see what you want to prove at a glance, instead of handing in the materials all at once. Evidence is submitted in batches and with emphasis, not as much as possible or as early as possible.

The most common point of losing a lawsuit in practice is often not the lack of evidence, but the loss of focus. Some parties emphasized throughout the article how much they had suffered and how much the other party had gone too far, but they never made it clear that "it is better for the child to follow me". Some confuse visiting, alimony and custody, and answer questions irrelevant. We should be good at using procedural tools, such as applying for family investigation and psychological assessment, so that professional perspectives can endorse your claims. The court hearing statement should closely follow the upbringing plan itself and explain clearly how to take care of it on a daily basis and how to link up when the situation changes. Accepting emotions and making the plan clear are often more impressive to judges than blaming each other.

The essence of custody evidence is to prove to the court "who is the center of gravity of the child's life". Instead of worrying about income, it is better to do three things in a down-to-earth manner: leave traces of daily care (transportation, medical treatment and accompanying records); Set out the conditions for raising (housing, school district, time, planning); Fix the other party's unfavorable factors in a legal way. At the same time, remember the procedural bonus-applying for family investigation, witness appearance, mediation and negotiation can all influence the results. Children are not trophies. The more evidence is prepared, the more children can continue to grow in a stable environment. This is also the direction that the court is most willing to see.