Two Mothers Fight for Custody: Biological Mother Loses, Stepmother Wins
[2] [Lead Counsel: Wang Tengfeng, Cao Guanghui]
[3] 1. Case Background
One day in May 2010, Wang Tengfeng, director of Guangdong Zhiming Law Firm, received a weary and distressed woman surnamed Duan, who recounted a custody dispute case set for a second-instance trial in three days. The case background was as follows:
Ms. Duan's late husband, Zhang XX, met a woman named Huang XX in 1999 and began an intimate relationship. In 2001, Huang XX gave birth to a son, Zhang Xilong. Zhang XX purchased a house for Huang XX and gave her a large amount of money. In the spring of 2004, Zhang XX reached an agreement with Huang XX to transfer custody of their illegitimate son, Zhang Xilong, to himself. Zhang XX brought Zhang Xilong home and entrusted him to his wife, Ms. Duan, who has raised him ever since. On May 25, 2009, Zhang XX passed away. Shortly thereafter, Huang XX filed a lawsuit in court, requesting the restoration of her custody rights over Zhang Xilong and submitting the agreement made with Zhang XX in the spring of 2004. While sorting through her late husband's belongings, Ms. Duan discovered evidence that Zhang XX had unilaterally disposed of joint marital property in favor of Huang XX. She subsequently hired a lawyer to file two lawsuits for the return of property (including cash, vehicles, and real estate). Zhang XX's extramarital affair thus led to three disputes concerning property ownership and child custody. Ms. Duan's two lawsuits for the return of property were both lost in the first and second trials. However, Huang XX's lawsuit for custody of Zhang Xilong succeeded in the first trial. Ms. Duan, dissatisfied with the verdict, filed an appeal. Custody rights are closely tied to inheritance rights. If Huang XX were to win the second trial, she would not only gain custody of Zhang Xilong but also be entitled to the substantial inheritance left by Zhang Xilong's biological father, Zhang XX. At this point, Ms. Duan was still struggling to emerge from the shadow of her husband's death. The losses in the two property return cases had left her physically and mentally exhausted. If she were to lose the custody case in the second trial, it would not only render her ten years of effort in raising Zhang Xilong meaningless but also leave her with nothing—both financially and emotionally. Moreover, her adopted son had become her spiritual anchor, and losing custody would only worsen her plight. Overwhelmed with anxiety, Ms. Duan could neither eat nor sleep. Three days before the second trial, she was introduced to and subsequently retained Wang Tengfeng, the director of Guangdong Zhiming Law
II. Won the Second Instance
Director Wang and Attorney Cao, after accepting the case, promptly applied to the court to replace the legal representative and urgently requested pre-trial case file review. After reviewing the files, the two lawyers conducted a comprehensive analysis of the case and concluded that Huang XX was undoubtedly the biological mother of Zhang Xilong. The original appeal request for a paternity test would, at most, serve to delay proceedings and would be of no benefit to the client's claims. They decisively withdrew the request for the paternity test. The lawyers determined that the nature of the case was a custody dispute. Adhering to the fundamental principle of favoring Zhang Xilong's healthy growth, and considering the specific circumstances where the client had raised Zhang Xilong for nearly a decade and Zhang Xilong was willing to continue living with the client, the lawyers gathered evidence from the school, workplace, friends, and other sources, demonstrating that it would be more conducive to the child's education and development for the client, Duan XX, to continue raising Zhang Xilong. During the second-instance trial, the lawyers not only presented substantial evidence to support their case but also requested the court to seek the wishes of the child, Zhang Xilong, in court, emphasizing that the client, Ms. Duan, would better support the child's healthy growth. They also pointed out that Huang XX's custody claim was aimed at obtaining Zhang XX's inheritance. The second-instance trial saw intense debate between both parties. In December 2010, the Shenzhen Intermediate People's Court issued a final judgment overturning the erroneous first-instance verdict, ruling in favor of the client, who retained custody of her adopted son, Zhang Xilong.
III. Case Analysis
The two lawyers correctly insisted that this case was a custody dispute, and their position was ultimately upheld by the court of second instance. Custody is not equivalent to guardianship. The first-instance court erred in applying the general provisions of Article 16 of the General Principles of the Civil Law concerning the biological mother's guardianship and the general conditions for "adopters" and "adoptees" under the Adoption Law. Custody is distinct from guardianship. If the client and Zhang Xilong were viewed as two unrelated individuals, they would indeed fail to meet the conditions for "adopters" and "adoptees" under the Adoption Law. However, the relationship between the client and Zhang Xilong arose from the client's marital ties with her late husband Zhang XX, and the de facto fostering relationship formed through the blood connection between Zhang XX and Zhang Xilong, resulting in a stepmother-stepson relationship. Moreover, the client's fostering of Zhang Xilong was explicitly consented to in writing by his biological mother, Huang XX. In this case, the client's fostering of Zhang Xilong not only did not violate the Adoption Law but precisely aligned with the special circumstance under Article 14 of the Adoption Law, which states that "a stepmother may adopt a stepchild with the consent of the stepchild's biological mother." Thanks to the two lawyers' diligent and lawful efforts, the client ultimately won the case, retaining not only custody of her stepson but also her late husband's inheritance. Afterward, the client, Ms. Duan, specially crafted a silk banner inscribed with the words "Righteous and wise, setting a model; bold and meticulous, leading with integrity," and personally delivered it to Zhiming Law Firm to express her gratitude for their exceptional skills and dedication.
