[Case Story] The "Love" War: Biological Mother Seizes Child, Foster Mother Wins Lawsuit
Having survived the three-year itch, endured the seven-year strain, and crossed the ten-year milestone, the couple's remaining years should have been spent guarding the tens of millions in hard-earned assets, enjoying a peaceful retirement, and carrying their happiness to the very end. However, one day in 2004, Lu's calm and prosperous life suddenly became precarious with the arrival of a boy—because her husband, whom she had always taken pride in, had, like other successful men, strayed!
A train derailment can cost lives, and a man's infidelity can sometimes cost lives too. When the unprepared Lu Mou caught sight of the little boy her husband brought back from a distant relative's family, her mind flooded with blood in an instant, leaving her dizzy and reeling.
According to her husband, the little boy's parents had unfortunately both passed away in an earthquake a while back. The story was told convincingly enough, but those eyes, that face—they bore not just a striking resemblance to her husband in his youth, but an uncanny likeness in spirit as well. He had really gone to great lengths!
"Honey? Are you alright?" Hua, noticing her unusual expression, pretended to be puzzled and asked.
"Flower, you bastard! Is this the poor child you were talking about? Do you really take me for a fool?" Lu roared, his emotions flaring up.
Upon hearing this, Hua felt a surge of regret—what a lapse in an otherwise meticulous plan. From the moment his son was born, he had begun paving the way for his return to the chess world. Now, three years had passed, and he had finally crafted a lie he believed to be flawless, managing to persuade his wife by appealing to a woman's innate sympathy and maternal instincts. Yet he had overlooked the most crucial detail—women are perceptive by nature, and as time went on, his son was growing to look more and more like him!
Seeing that the truth was exposed, Hua no longer bothered to hide it and simply said bluntly, "Since it's already done, kill me or cut me up—do whatever you want!"
Seeing her husband's utterly shameless and indifferent expression, Lu burst into tears of grief. She knew he had always wanted a son, but she never expected that even now that their daughter was in college, he still harbored that stubborn desire. Not only had he secretly kept a mistress behind her back, but he had also brought his illegitimate child straight into their home.
Seeing her husband remain silent, without even a word of explanation, Lu wiped away her tears and said bitterly, "Don't even think about making me raise that little bastard for you. No way. In this house, it's either him or me—if he stays, I go!"
Upon hearing this, Hua's expression finally changed. He immediately pulled out his trump card, weeping and wailing with tears and snot streaming down his face: "I was just momentarily confused and couldn't resist temptation. I will definitely reform in the future and completely cut ties with that woman, but the child is innocent."
Afterward, Hua fully revealed the difficulties behind his actions. It turned out that he saw his mistress, Li, doing nothing but indulging in pleasure and gambling, and worried that this would be detrimental to the education and upbringing of his young son. Meanwhile, his wife's kindness and virtue had stood the test of time, as evidenced by their daughter's current behavior. That was why he resorted to this desperate measure. Moreover, he brought his son back to raise him with the consent of his mistress, Li.
Seeing her husband in such a pitiful state, Lu, heartbroken, went through a fierce internal struggle. For the sake of their daughter's feelings, the company's growth (as both spouses held substantial shares in their self-founded business), and above all, to protect this family that could fall apart at any moment, she reluctantly chose to forgive her husband's betrayal. She agreed to his arrangement, took in his illegitimate child, Xiao Yu, and cared for him attentively, treating him as her own.
After Hua received his wife's forgiveness, he gained a deeper appreciation for her kindness and virtue. By then, the novelty of his mistress had long faded, so he took this opportunity to rein himself in. For the following five years, the two lived together peacefully, without any further discord.
However, in 2009, with Hua's sudden death from a severe illness, Lu's peaceful life was once again thrown into turmoil. It turned out that when the mistress, Li, learned of Hua's sudden passing, she actually came knocking on the door herself, demanding to regain custody of her biological son, Xiao Yu!
This time, Lu finally exploded with the grievances and anger she had suppressed for years, and she flatly rejected Li's unreasonable demands. Because the custody of Xiaoyu directly affected the inheritance and distribution of her husband's estate, and moreover, she had raised Xiaoyu with painstaking effort for five years, during which a deep bond had formed between them—they were already as close as mother and son. How could she simply let go just because someone said so?
Meanwhile, while sorting through her husband's belongings, she was furious to discover that he had secretly disposed of their joint marital property without her knowledge, leaving behind ample evidence. In her rage, she entrusted her attorney to file a lawsuit against Li for the return of the property, including cash, vehicles, and real estate.
Mistresses everywhere are not to be trifled with, and Li was no pushover either. Upon learning she had been sued, she wasted no time and filed her own lawsuit against Lu, requesting the court to restore her custody of their son, Xiao Yu. Thus, a property dispute and child custody case sparked by an extramarital affair erupted in full force.
At the first court hearing, both sides were at loggerheads, engaging in heated verbal sparring, each arguing fiercely for their own position without yielding an inch. However, because neither defense attorney managed to pinpoint the crux of the matter, the debate devolved into a messy squabble over trivialities. As a result, by the time the session ended, the judge was still unable to make sense of the case and had no choice but to schedule another hearing for a later date.
Lu was quite dissatisfied with this outcome, so before the second court session arrived, she made a last-minute decision to change her legal representative in order to better protect her lawful rights and interests.
However, what Lu never expected was that her own lawyer, who had boasted so extravagantly during the initial consultation, was steadily losing ground and falling apart under the opponent's lawyer's rigorous and well-structured counterattacks. Only at that moment did she deeply realize that choosing this incompetent lawyer was absolutely a fatal mistake!
This was a lawsuit destined to be lost, but a small unexpected turn of events changed everything. It turned out that just as the presiding judge was about to deliver the verdict, a sudden power outage struck the courtroom. Since the trial records could not be promptly filed in the computer system, the hearing was forced to be adjourned.
After narrowly escaping disaster, Lu returned and promptly decided to switch lawyers once again to continue fighting for her rights. To avoid encountering another incompetent lawyer like before, she made extensive inquiries and, on a friend's recommendation, sought out Guangdong Zhiming Law Firm by reputation.
After the precise and meticulous analysis by the knowledgeable lawyer, Lu suddenly gained great confidence and decided on the spot to retain the lawyer as their legal representative, granting full authority to handle all subsequent litigation matters of the case.
However, after the third court session began, although the presiding judge noticed that the lawyer had been changed, based on the preconceived notions from the first two sessions, he did not give Lu's attorney much opportunity to argue. Instead, in a hasty manner, he directly announced the verdict of the case. In the end, Lu lost the case, and custody of Xiaoyu was awarded to the biological mother, Li.
After losing the first trial, Lu was deeply discouraged and even felt disheartened. However, the attorney from Zhiming did not give up. Guided by a sense of justice, he patiently helped Lu organize his thoughts, sort out the case details, and persuaded Lu to continue appealing and actively defend his rights.
Thanks to the active efforts of the lawyers at Zhiming Law Firm, the court ultimately accepted Lu's lawsuit petition. Subsequently, under the guidance of Zhiming's lawyers, the attorneys handling the case at Zhiming Law Firm went all out, making a series of arduous and painstaking efforts to gather evidence from schools, workplaces, friends, and other sources, continuously strengthening the evidence to demonstrate that Lu and Xiaoyu shared a very harmonious guardianship relationship.
Given that the nature of the case is a custody dispute, and adhering to the fundamental principle of favoring the healthy growth of Xiao Yu, combined with the facts that Lu had already raised Xiao Yu for nearly five years and Xiao Yu clearly expressed willingness to live with Lu, supported by the rigorous legal reasoning of Zhiming lawyers and substantial detailed evidence, the Shenzhen Intermediate People's Court, after a fair trial, revoked the erroneous first-instance judgment in 2010. Ultimately, the client Lu, after enduring hardships, saw the light of day and won the final lawsuit, thereby continuing to raise his adopted son Xiao Yu.
At this point, the series of disputes triggered by the extramarital affair finally came to a close. Encouraged by the lawyers at Zhiming Law Firm, Lu, who actively sought to protect her rights, ultimately secured the happiness she desired through the lawyers' exceptional litigation skills.