Tao Ning met Zhu Zhuoshan through the Internet in 2017, and gave birth to a son for him in April 2018, and the two parties registered their marriage in January 2019 at the Beijing Changping Civil Affairs Bureau, but the two did not actually live together, and Tao Ning has always taken care of the children alone.
Zhu Zhuoshan's private life is relatively chaotic, and he is willing to marry Tao Ning, just to register his children's household registration in Beijing. Since then, he has come to the door many times to ask him to raise the child, but Tao Ning believes that the environment around Zhu Zhuoshan is not suitable for the child's growth, so he refuses to agree. The two gradually developed from a verbal quarrel to a physical conflict, Tao Ning was physically weak and unable to resist Zhu Zhuoshan, and was often bruised by him.
In March 2021, Zhu Zhuoshan sued the court for divorce, requesting that the custody of the child be ordered to belong to him. The court rejected his claim after a trial. Zhu Zhuoshan felt very angry and injured Tao Ning again. Tao Ning couldn't bear it and chose to call the police, and under the persuasion of the police, Zhu Zhuoshan handwrote a copy of "** admitted his mistake and said that he would never do it again." But at the beginning of 2022, Zhu Zhuoshan injured Tao Ning because he refused to raise the child by him, so that she had to go to the hospital**.
In July 2022, Zhu Zhuoshan sued the court again for divorce, and at the same time fought for the custody of the child, saying that the child only had the opportunity to receive a better life and education if he followed him, while Tao Ning did not even have a stable job, and even the normal life of the child could not be guaranteed.
After Tao Ning received the court summons, she was not so confident in keeping the custody of the child for a while, but out of love for the child, she must not allow the child to live with a domestic violence man who spends all day drinking. So she came to Beijing Guanling Law Firm, hoping to get help from a lawyer. After research and judgment, Guanling Law Firm accepted the commission and appointed lawyer Li Yujiang to undertake the case.
Lawyer Guanling instructed Tao Ning to collect evidence such as injuries, hospital outpatient medical records, and hospital imaging examination reports, and formulated a thorough response plan on how to fight for child custody
First of all, Tao Ning and Zhu Zhuoshan's relationship has completely broken down and agreed to divorce.
Secondly, the child is still young, and has lived with Tao Ning for most of the time since birth, and has been taken care of by Tao Ning, and has formed a stable living environment, if its living environment is changed, it will be detrimental to its healthy growth. Therefore, after the divorce of the parties, it is more appropriate for the children to be raised by Tao Ning. Zhu Zhuoshan should pay the corresponding child support.
Thirdly, according to the law, if the divorce is caused by domestic violence, the innocent party has the right to claim damages. According to the evidence, Zhu Zhuoshan repeatedly punched, kicked, verbally abused Tao Ning, and committed serious domestic violence. Tao Ning has the right to demand that Zhu Zhuoshan compensate him for mental damages.
Finally, according to the law, if one of the spouses has more obligations due to the upbringing of children, he or she has the right to claim compensation from the other party at the time of divorce, and the other party shall pay compensation. After Tao Ning married Zhu Zhuoshan, Tao Ning was responsible for raising the children most of the time, and he had the right to demand appropriate compensation from Zhu Zhuoshan.
The court adopted the opinion of lawyer Guanling, and ruled that Tao Ning and Zhu Zhuoshan were divorced, and that the legitimate child was raised by Tao Ning, and Zhu Zhuoshan paid child support on time, and paid Tao Ning a total of 80,000 yuan in solatium and compensation for mental damage within a time limit.
Zhu Zhuoshan was dissatisfied with the first-instance verdict and appealed to a higher court. Tao Ning has great trust in the lawyer and continues to entrust the second instance to respond to the lawsuit.
In the course of the second trial, Zhu Zhuoshan's claim that Tao Ning was mentally unstable, incapable of working, had committed domestic violence against him, and coerced him to issue a "**", etc., was rejected by Guanling's lawyer on the grounds that he could not provide relevant evidence to prove it.
After trial, the court of second instance held that the facts found by the court of first instance were clear and the law was correctly applied, and should be upheld, and ruled to reject Zhu Zhuoshan's appeal and uphold the original judgment.
With the efforts of the crown leader's lawyer, Tao Ning successfully retained the custody of the child. This lovely child is the only warm color in Tao Ning's unhappy marriage, and it is her spiritual support to face life positively. Tao Ning kept expressing her gratitude to the crown lawyer, and when she was helpless, it was the timely help of the crown leader lawyer who gave her the courage to persevere. She said that she would pass on this kindness and courage to cultivate her child into an honest and kind person.