How to judge the custody of divorced children

When a husband and wife divorce, they can first negotiate the ownership of child custody. If both parents can't reach an agreement on the ownership of custody, the people's court shall decide the ownership of custody according to the specific circumstances of both parents and the principle of being most beneficial to minor children:

If the child reaches the age of eight, the court will consider the child's opinion.

If the child is under two years old, the custody belongs to the mother in principle.

If the child is over two years old and under eight years old, the court will consider the sex of the child, the parenting ability and parenting conditions of both parents. The conditions for raising children are basically the same, and both parents require direct raising of children. However, if the child has lived alone with his grandparents for many years, and the grandparents require and have the ability to help the child take care of his grandchildren or grandchildren, it can be considered as a priority for the father or mother to directly raise the child.

legal ground

civil law

Article 1084 The relationship between parents and children after divorce 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.

The Supreme People's Court's explanation on the application of People's Republic of China (PRC) Civil Code to marriage and family.

Article 44 If a divorce case involves the upbringing of minor children, the children under two years of age shall be handled by applying mutatis mutandis the principles stipulated in the third paragraph of Article 1084 of the Civil Code. In any of the following circumstances, the people's court shall support the mother's request for direct support:

(a) children suffering from infectious diseases or other serious diseases that have not been cured for a long time should not live with them;

(two) there are conditions for support obligations, and the father requires his children to live with him;

(3) For other reasons, it is really inappropriate for children to live with their mothers.

Article 47 The conditions for parents to raise their children are basically the same, and both parties require direct child raising. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help them take care of their grandchildren, they can be considered as a priority for parents to directly raise their children.