Generally speaking, the second instance of custody can overturn the first instance according to the specific circumstances of the second instance, and the second instance will generally uphold the judgment of the first instance unless new evidence is found in the second instance, and this evidence has an important influence on determining the ownership of custody. Whether the second trial can overturn the first-instance judgment mainly depends on whether the facts of the first-instance judgment are clear, whether the evidence is sufficient and whether the applicable law is correct. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's procuratorate at the same level and the other party within three days. The procedure of second instance refers to the litigation procedure caused by a civil litigant who refuses to accept the effective judgment of first instance of the local people's courts at all levels and appeals to the people's court at the next higher level within the statutory period, and is the applicable procedure for the people's court of second instance to hear the appeal case. According to the provisions of Articles 189 to 1 0/of the Criminal Procedure Law, after hearing the appeal and protest cases against the judgment of the first instance, the court of second instance shall deal with them separately according to the listed circumstances: Article1,the original judgment finds the facts correct, the evidence is true and sufficient, and the applicable law is correct. 2. If the original judgment found that the facts were not wrong, but the applicable law was wrong or the sentence was improper, the court of second instance shall revoke the original judgment and make a new judgment, and make clear the basis and reasons for the revision in the judgment. 3. If the facts of the original judgment are unclear or the evidence is insufficient, the court of second instance may revise the judgment after ascertaining the facts, or it may decide to revoke the original judgment and send it back to the court of first instance for retrial. 4. If it is found that the court of first instance has one of the following proceedings that violate the law, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial: (1) Violation of the Law on Public Trials. (2) Violating the challenge system. (3) depriving or restricting the legal litigation rights of the parties. (4) The composition of the judicial organization is illegal. (five) other violations of the law, which may affect the fair trial. The procedure of second instance refers to the litigation procedure caused by a civil litigant who refuses to accept the judgment of first instance that has come into effect in local people's courts at all levels and appeals to the people's court at the next higher level within the legal period. It is the procedure applicable to the people's court at the second instance to hear appeals.

Legal basis: Article 1058 of the Civil Code of People's Republic of China (PRC) * * * Both husband and wife have equal rights to raise, educate and protect minor children, and * * * jointly undertake the obligations of raising, educating and protecting minor children. Article 1084 The relationship between parents and children shall not be destroyed by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.