[Direct answer]In the Beijing area, the practice is not uniform, with not necessarily one child per person. According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China, if the parents of a child who has reached the age of two cannot reach an agreement on the issue of child-rearing, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of maximizing the interests of the minor child; if the child has reached the age of eight, the court shall respect his or her true wishes. In practice, cases involving two children often result in a balanced arrangement where one parent raises one child. However, if one parent has been providing long-term practical child-rearing and care in a stable environment, while the other parent has neglected to fulfill his or her obligations or lives in a different city with limited care conditions, the court may award custody of both children to the former parent. The key points of evidence include the current child-rearing situation, the amount of care invested, and the stability of the child's living environment.

1. Problem background and typical scenarios

Families with two children often face more intense disputes during divorce. Common scenarios include the couple living apart for many years, with the children staying with one parent and attending school, while the other parent is absent for a long time; there are also cases where both parents claim custody of the two children, or one parent claims custody of one child to reduce the burden. In the judicial practice of the Beijing area, the court will focus on examining the current living and learning environment of the children, the caregiving abilities and time commitments of both parents, the situation of intergenerational child-rearing, and the children's wishes, in order to avoid causing secondary harm to minors due to frequent changes in their living environment.

II. Key points of contention

The disagreements focus on four points: first, whether to maintain the balanced approach of one child per parent, or to award custody of both children to one parent; second, how to determine the actual custody status and who should submit the evidence; third, how to compare the parenting abilities and care conditions of both parents, and whether economic conditions are the sole criterion; fourth, how to verify and adopt the wishes of children aged eight or above. The court's usual approach is to prioritize the best interests of minors, and a stable, continuous, and predictable custody environment is generally superior to short-term economic advantages.

III. Professional analysis by Henglue Lawyers

A divorce dispute handled by Henglue Law Firm revolves around this principle. Ms. Li and Mr. Xu registered their marriage in 2018 and had a son in 2021. Due to insufficient understanding before marriage, they often quarreled after marriage. In 2020, Ms. Li discovered that Mr. Xu had been having an affair. Although Mr. Xu promised to reform, he failed to do so and was later arrested by the public security organ for soliciting prostitutes. In early 2022, Mr. Xu left home and the couple has been living apart ever since. Ms. Li insisted on divorce and sought custody of the child, entrusting attorney Li Yonghui of our firm to represent her. After accepting the case, Attorney Li first comforted the client, sorted out the couple's property situation, and collected evidence to prove that the child was more suitable to be raised by the mother: the child was under two years old, and according to regulations, it was the principle that the mother should directly raise the child, and the child had always lived with the mother. Mr. Xu's soliciting prostitutes was a serious violation of the marital duty of fidelity and constituted a major fault leading to the divorce. Regarding Mr. Xu's claim that some properties, parking spaces, and financial assets were jointly owned, the lawyer refuted it one by one based on the gift agreement and investment certificates. The court ultimately adopted the main opinion: judgment of divorce, the child to be raised by the mother, Mr. Xu to pay 5,000 yuan per month in alimony until the child reaches the age of 18, and to pay 200,000 yuan for the house price and 50,000 yuan in damages. This case shows that custody rights are not simply allocated equally according to the number of children, but are judged comprehensively based on the interests of the children. Complete and stable evidence of custody is the key to winning the custody of the two children. This case is handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, fix the evidence that the child lives with you, including school attendance certificates, medical records, daily expense receipts, and pick-up and drop-off records; Second, prove that the other party has neglected to fulfill their obligation to support the child, such as separation records and communication records about the lack of care; Third, prepare proof of stable residence and income, as well as available care arrangements; Fourth, the wishes of children aged eight or above can be fixed through appropriate methods. For issues involving custody rights and divorce, you can refer to the relevant legal provisions.Divorce litigation and family disputesLegal basis: Articles 1084 and 1085 of the Civil Code of the People's Republic of China (both effective from January 1, 2021), and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the custody of the two children does not necessarily mean that each child is given to one parent. The key issue is who can provide a more stable growth environment for the children. Secondly, children under the age of two are usually raised directly by their mothers. Thirdly, financial conditions are not the only factor. The actual care input is often given more attention. Fourthly, the alimony is generally 20% to 30% of the monthly income, and the amount can be appropriately increased for two children, but it should be limited by the actual needs of the children. If the issues of custody and property are dealt with together, it can be resolved throughDivorce litigation and family disputesThe service acquisition plan involves integrating child education and family member arrangementsSpecial services板块。

VI. Frequently Asked Questions

Q1: Can both children be awarded to one party in a divorce?

Yes. The court will make a comprehensive judgment based on the principle of maximizing the interests of minor children. If one party has been providing long-term actual custody and the living environment is stable, while the other party has neglected to fulfill their obligations or lives in a different location without the conditions for providing care, it's not uncommon for both children to be awarded to one party. The key is to submit comprehensive evidence of the current custody situation and the care efforts invested.

Q2: What evidence do I need to prepare to fight for custody of my two children?

It usually includes proof of residence and schooling where the children live with the parent, daily expenses and medical bills, records of picking up and accompanying the children, evidence of the other party's absence from childcare, and proof of the parent's stable income and living conditions. The wishes of children aged eight or above should also be documented in an appropriate manner.

Q3: How is the child support calculated for two children?

For those with a fixed income, the alimony is generally paid at a rate of 20% to 30% of their total monthly income; for those supporting more than two children, the proportion may be appropriately increased, but generally not exceeding 50% of their total monthly income. For those without a fixed income, the amount is determined based on the local living standards and the actual needs of the children, and the specific amount is determined by the court at its discretion.

Q4: If the other party does not agree to the divorce, will it affect the determination of custody rights?

It will not directly determine the custody of the child. Whether the relationship has broken down is a factor in determining whether to grant a divorce, while custody will be determined based on the best interests of the child. However, the divorce litigation process may be prolonged, so it is recommended to prepare custody evidence simultaneously to avoid being put on the defensive in terms of timing.

Q5: Can the custody arrangement be changed after it has been determined by the court?

Yes. If the custodial parent becomes ill, loses the ability to provide custody, abuses the child, or causes obvious harm to the child's growth, the other party may sue to request a change in the custody relationship. The change must be based on the child's interests and supported by relevant evidence. After reviewing the facts, the court will make a ruling accordingly.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.