Expert in Marital Inheritance and Family Disputes (Mediation/Litigation)

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Guangdong Daohua Law Firm, Tang Yunhong Lawyer, Daohua Family Law Firm, Shenzhen's renowned divorce litigation lawyer, professional inheritance and succession dispute lawyer, Top Ten Marital and Family Law Firms in Guangdong and Shenzhen, specializing in: large and difficult divorce mediation/court litigation, property and small property division, will and inheritance disputes, will notarization, divorce property division, post-divorce property disputes, divorce/marital agreement, custody disputes, will inheritance disputes, statutory inheritance disputes, land and property inheritance, rural house demolition inheritance, will drafting, will validity determination, and other non-litigation and dispute matters. Service areas: Futian, Nanshan, Luohu, Longgang, Bao'an, Longhua, Guangming, Pingshan, Dapeng, Yantian

Introduction: The case involves a dispute over child custody in a cohabitation relationship. After cohabiting and having a child, the couple did not register for marriage, and after separating, disputes arose over child custody, child support, and retrospective fees. The man filed a lawsuit to claim custody and requested the woman to pay child support and retrospective fees. The woman entrusted the Tang Yunhong lawyer team of the Guangdong Daohua Law Firm to defend against the lawsuit. The Daohua Family Law Firm team adopted a "defensive+counterclaim" dual strategy, constructed a complete evidence chain from multiple dimensions, and through litigation defense and flexible negotiation, ultimately successfully secured direct custody of the child for the woman, rejected the man's unreasonable claim for retrospective child support, and comprehensively protected the legitimate rights and interests of the minor children and the parties, achieving the unity of legal and social effects.
Keywords: Cohabitation relationship child custody; Non-marital child custody; Principle of the best interests of the child; Child support disputes; Child support retroactive payment

I. Case Summary

Lady Xu and Mr. Zhou met and fell in love due to work, and later began to cohabitate and together had a son. However, due to objective reasons, they never registered their marriage. As the cohabitation continued, conflicts arising from personality differences gradually intensified, and they eventually parted ways.

After the breakup, the two parties were unable to reach an agreement on the custody of the child, and the child was thus shuffled between their homes. Subsequently, the child was taken back to Mr. Zhou's hometown by Mr. Zhou, where he was taken care of by his grandparents. When Lady Xu visited, she found that the living environment and educational resources in the hometown were significantly inferior to those in Shenzhen. In order to provide better guarantees for the child's growth, she took the child back to Shenzhen and arranged for the child to attend school appropriately.

However, this action caused Mr. Zhou to be dissatisfied, and he filed a lawsuit with the court, claiming direct custody of the child, demanding that Lady Xu pay child support, and seeking compensation for the child's living expenses during the period when the child lived with him.

Facing the sudden lawsuit, Lady Xu was overwhelmed with anxiety. In order to protect her own legitimate rights and interests and the child's growth, she sought out the Guangdong Daohua Law Firm and entrusted the Tang Yunhong legal team to handle the case.

II. Core Keywords of the Case

Shenzhen Cohabitation Relationship Child Custody Lawyer, Shenzhen Child Custody Dispute Lawyer, Longgang Court Case Representation, Cohabitation Child Custody Representation, Tang Yunhong Marriage and Family Lawyer, Non-Marital Child Custody Dispute, Child Support Standard Dispute, Child Support Retroactive Dispute, Shenzhen Visitation Rights Defense, Protection of Minors' Rights and Interests, Successful Cohabitation Child Custody Case, Shenzhen Family Law Case Representation, Dao Hua Law Firm Marriage Team, Evidence Organization Lawyer

III. Case Handling Process

(I) Comprehensive Case Detail Review: Identifying Core Disputes and Establishing "Defend and Counterclaim" Dual Strategy

After accepting the委托, Lawyer Tang Yunhong further communicated with Ms. Xu, reviewed the timeline and key facts of the case background, and then clarified the three major core disputes of the case: the custody of non-marital children, how to determine the standard of child support, and whether the retroactive claim for child support is justified.

In response to Mr. Zhou's lawsuit, the Dao Hua Marriage and Family Law Team did not fall into the conventional passive defense approach but, based on the precise control of the case's initiative, combined with Ms. Xu's core needs of "striving for custody and refuting unreasonable child support claims", formulated a dual strategy of "active defense and proactive counterclaim". The plan is to accurately refute the unreasonable claims of the other party through defense and proactively propose custody and child support claims through counterclaim, thus firmly holding the initiative of rights protection and avoiding the neglect of core claims due to passive response.

(II) Evidence Strategy: Layered Evidence Construction to Build a Closed Loop, Targeted Attack on Dispute Focuses

To ensure the implementation of the "counterclaim+counterclaim" strategy, the Dowa Marriage and Family Law Team has formulated an "hierarchical and classified, precise matching" evidence collection plan to ensure that every claim is supported by solid evidence, forming a complete evidence loop:

1. Evidence system for "custody of children". Tang Yunhong lawyer is well aware that the core of the custody dispute lies in the implementation of the principle of "what is most beneficial to the minor child", therefore focusing on the three dimensions of "stability of living environment, custody ability, and resources of living place" to construct the evidence chain of custody advantages.

2. Evidence system for "child support disputes". The Dowa Marriage and Family Law Team focuses on core points such as "actual needs of the child + financial burden of both parents + actual living standards in Shenzhen" and accurately calculates and fixes key evidence. Tang Yunhong lawyer guided Xu女士 to classify and organize receipts for child care, meals, medical examinations, and other expenses for nearly 6 months, providing a quantitative basis for the reasonable standard of child support claimed in the counterclaim. At the same time, after initially understanding Zhou先生的 income situation, the court was requested to obtain his salary income statements and social security payment records to provide sufficient factual support for the child support claim in the counterclaim.

3. Evidence system for "child support retroactive". Based on the preliminary understanding of the case, during the period when the child was directly cared for by the male party, although Xu女士 did not pay child support directly to the male party, she purchased daily necessities for the child, undertook medical expenses, and handled enrollment matters. Her contributions to the child were not only monetary payments but also emotional companionship. The Dowa Marriage and Family Law Team was keen to capture this key point, comprehensively collecting online shopping orders, shopping invoices, child medical insurance payment records, enrollment手续手续回执, and other documents during the period when the child was directly cared for by the male party, arguing that she had always actively fulfilled her custody responsibilities. Secondly, the Dowa Marriage and Family Law Team carefully reviewed the chat records between Xu女士 and Zhou先生, confirming that neither party had reached any written or oral agreement on child support previously. Combined with the principle of fairness, it argued the unreasonableness of the claim for child support from the party with direct custody. Additionally, through case search, it provided supporting judicial opinions.

（3）Courtroom Defense and Counterclaim Advocacy: Professional Engagement to Control the Pace, Flexible Negotiation with Pragmatic Results

In the courtroom, Tang Yunhong, lawyer, with a solid legal foundation and extensive courtroom experience, accurately controlled the pace of the trial, simultaneously advancing the defense and counterclaim, demonstrating a high level of professional expertise:

In the early stages of the trial, Mr. Tang clearly proposed the counterclaim, focusing on the principle of "what is most beneficial to the minor child", logically elaborating on the core advantages of Xu女士 in caring for the child, and through a step-by-step argumentation, allowing the judge to directly recognize the core view that "it is more beneficial for the child to live with Ms. Xu", occupying a favorable position from the outset of the trial. By presenting the detailed monthly expenses and Shenzhen living cost data on the spot, he objectively proved that the amount claimed by Mr. Zhou was insufficient to cover the child's basic needs and lacked rationality. In response to Mr. Zhou's claims, Mr. Tang responded point by point with evidence, refuting with reasonable arguments and hitting the nail on the head: when refuting the custody claim, he highlighted Mr. Zhou's disadvantages of "being busy with work, having plans to remarry, and being unable to ensure sufficient companionship time", forming a sharp contrast with Ms. Xu's stable companionship and professional child-rearing abilities; when refuting the retroactive claim for child support, he systematically presented evidence of Ms. Xu's fulfillment of the child-rearing obligations, and effectively refuted the claim by combining legal provisions and the principle of fairness.

（4）Follow-up on Judgment Execution: Professional Safeguarding for Rights and Interests to Take Effect, Long-term Protection to Avoid Future Troubles

After the court judgment was issued, the Tang Yunhong legal team did not stop at the judgment result but, from the perspective of long-term protection, provided targeted legal advice to Ms. Xu, sorted out the execution details, and ensured that the rights and interests were actually implemented: this included assisting Ms. Xu in establishing a "child support payment ledger", specifying the amount, terms, and subsequent monthly payment time of Mr. Zhou's child support payments, reminding her to collect evidence of timely collection records and bank statements; reminding Ms. Xu to regularly keep records of large educational and medical expenses for the child, so that she can claim an increase in child support in the future according to legal provisions; assisting Ms. Xu and Mr. Zhou in negotiating a specific and feasible visitation execution plan, specifying the specific time and handover method for video visits and face-to-face visits, to avoid new disputes arising from visitation issues in the future.

Four, Judgment Results

After thorough consideration, the court fully adopted the counterclaim and defense opinions of the Tang Yunhong legal team and made a clear judgment focusing on three major争议 points:

In this case, both the plaintiff and the defendant have the intention to directly care for the child. Considering the guardian's ability, the continuity and stability of life, and the future living plans of both parties, the court believes that maintaining the existing custody relationship is most in line with the principle of maximizing the child's interests. Therefore, it is more appropriate for the child to continue to be directly cared for by the defendant. Regarding the amount of child support, the court, based on the actual needs of the child, the financial burden of both parents, and the local standard of living, determines that the child should receive 3,000 yuan in child support per month, with the plaintiff paying 3,000 yuan per month starting from September 2025 until the child reaches the age of 18. Regarding the plaintiff's claim for child support from May 2024 to August 2025, considering that the parties did not make any agreements regarding child support after their separation and that both parties had periods of direct child care, from the perspective of fairness, the court believes it is not appropriate to support the previous child support.

V. Legal Opinions of the Tang Code

Lawyer Tang Yunhong points out that there are significant differences between disputes over child custody in cohabitation relationships and those under marital relationships, with the core characteristics being lack of legal constraints from marriage registration, unclear property and custody agreements, and the stability of the child's life easily affected. Moreover, the emotional connection between the parties is relatively weak, making dispute resolution more likely to reach an impasse. Therefore, handling such cases requires a close focus on their particularity, with the fundamental principle of "what is most beneficial to the minor child", while also considering the legitimate rights and interests of the parties, and achieving an organic unity of "empathy, reason, and law">.

I. Core Characteristics and Response Logic of Child Custody Disputes in Cohabitation Relationships

1. Non-marital Children's Rights are the Legal Bottom Line: Despite the absence of a marital relationship between the parties, non-marital children enjoy equal rights in terms of custody, education, inheritance, and other aspects, which is the core basis for the principle of rights protection. Lawyers must clearly inform the parties of the boundaries of these rights during the handling of cases, and at the same time, ensure the quality of life and educational resources of the children are not affected by the termination of the cohabitation relationship through professional strategies.

2. The Principle of the Greatest Benefit to the Child is the Key to Custody Disputes: The principle of the greatest benefit to the child is the core criterion for considering the custody of the child. When there is a conflict between the rights of the parents and the interests of the child, the fundamental rights of the child, such as the right to survival and development, should take precedence. Therefore, in the construction of evidence, a "lifetime learning environment stability + custody ability and conditions" evidence chain can be established to prove the fact that it is more beneficial for the child to live with the party.

3. Lack of Agreement is the Main Pain Point: The cohabiting parties usually do not make clear written agreements on issues such as child custody and property distribution. Once they break up, disputes are likely to arise over issues such as the standard of child support, payment methods, and retroactive periods. This requires that lawyers focus on挖掘 "actual performance" evidence during the handling of cases, such as records of custody behavior, expense receipts, etc., to make up for the shortcomings of the lack of agreement and provide factual evidence for the judgment.

（II）Professional Advice to the Parties

At the same time, Tang Lawyer reminds that for those who have children under cohabitation, both parties should try to make clear written agreements on custody issues, including the custody of the child, the standard of child support, payment methods, visitation rules, etc., to avoid disputes in the future. If a dispute has already arisen, the following three points should be noted:

1. Timely fix key evidence: Including the child's birth certificate, residence records, educational and medical certificates, records of self-custody behavior (such as expense receipts, accompanying photos), the other party's income proof, etc., to provide factual support for the rights protection;

2. Avoid frequent changes in the living environment of children: Strive to maintain the stability of the children's residence and education. If a change is indeed necessary, reasonable reasons and relevant evidence should be retained to avoid affecting the custody dispute due to changes in the environment;

3. Prioritize professional legal assistance: The application of law and evidence requirements in cohabitation child custody disputes are special. Professional lawyers can formulate targeted strategies based on the characteristics of the case, through counterclaims, evidence construction, and trial offensive and defensive operations, to maximize the protection of the legitimate rights and interests of the parties and children, and avoid damage to rights and interests due to self-handling.

Sixth, Index of Relevant Laws and Regulations

1. Article 1071 of the Civil Code of the People's Republic of China

Article 1071: Unmarried children enjoy the same rights as married children, and no organization or individual may harm or discriminate against them. The father or mother who does not directly support the unmarried child shall bear the support for the minor child or the adult child who cannot live independently.

Article 1084, Paragraph 3: For children who are over two years old, if the parents cannot reach an agreement on the custody issue, the People's Court shall decide according to the specific circumstances of both parties, in accordance with the principle of the greatest benefit to the minor child. If the child is over eight years old, their true wishes shall be respected.

Article 1085: After divorce, if a child is directly supported by one party, the other party shall bear part or all of the child support. The amount of support and the duration shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall decide. The agreement or judgment specified in the preceding paragraph shall not prevent the child from making reasonable requests for an amount exceeding the original agreed or judged amount when necessary.

Article 1086: After divorce, the parent who does not directly support the child has the right to visit the child, and the other party has the obligation to assist. The methods and time for exercising the right to visit shall be agreed upon by the parties; if they cannot reach an agreement, the People's Court shall decide. If the visitation by the parent is不利于 the physical and mental health of the child, the People's Court may, in accordance with law, suspend the visitation; after the reason for the suspension ceases, the visitation shall be resumed.

2. Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Article of the Civil Code of the People's Republic of China

Article 46: For minors who are over two years old, if both parents demand direct custody, priority may be given to the party who has one of the following circumstances: (1) has undergone sterilization surgery or has lost the ability to reproduce for other reasons; (2) the child has lived with the party for a longer period of time, and changing the living environment would be obviously detrimental to the healthy growth of the child; (3) has no other children, while the other party has other children; (4) living with the party is beneficial to the child's growth, while the other party has a chronic infectious disease or other serious illness that is difficult to cure, or other circumstances that are not conducive to the physical and mental health of the child, and it is not suitable for living with the child.

Article 49: The amount of child support may be determined based on the actual needs of the child, the financial burden of both parents, and the local actual living standards. For those with a fixed income, child support may generally be paid at a percentage of 20% to 30% of their total monthly income. For those supporting the custody of two or more children, the percentage may be appropriately increased, but generally should not exceed 50% of their total monthly income. For those without a fixed income, the amount of child support may be determined based on the total income of the current year or the average income in the same industry, and referred to the above percentage. In special circumstances, the above percentage may be appropriately increased or decreased.

3.The Civil Procedure Law of the People's Republic of China

Article 54: The plaintiff may abandon or alter the claims. The defendant may admit or dispute the claims and has the right to file a counterclaim.

Dowhua Family Law Firm, specializing in major property marriage and family legal services for ten years, is a实战 expert in marriage inheritance family disputes (mediation/trial), and one of the influential brands in [Shenzhen] for marriage inheritance and wealth management legal services.

The team has handled over 1000 cases of marriage inheritance, and has extensive mediation and trial experience in major and complex marriage and family disputes, inheritance disputes, will drafting, and family property distribution. The team applies local wisdom and is skilled in handling difficult divorce property division cases involving Shenzhen small property rights houses, village committee shares, and other difficult inheritance disputes, will drafting and notarization cases, winning