[Direct answer]In the Beijing area, the principle is that children under the age of two at the time of divorce should be raised directly by their mothers, but this is not an absolute rule. Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that after divorce, children under the age of two should be raised directly by their mothers. However, if the mother is not suitable for raising the child, such as suffering from a chronic infectious disease or other serious illnesses, or having the ability to raise the child but failing to fulfill her obligation to do so, the court may also award custody of the child to the father. In practice, the determination of the age of two is based on the actual age at the time of litigation or judgment. The court will comprehensively consider factors such as breastfeeding, daily care, and the conditions of both parties to make a determination, thus still adhering to the principle of what is most beneficial to the minor child.

1. Problem background and typical scenarios

The custody of children under the age of two is one of the most common issues in divorce counseling. Typical situations include: the child is still in the breastfeeding period and has been cared for by the mother; the mother finds it difficult to care for the child personally due to work or health reasons, and the father claims more stable conditions; after the separation of the couple, the child actually lives with the father. In the judicial practice of the Beijing area, the court usually first looks at the actual age of the child and the current situation of childcare, and then checks whether the mother has specific circumstances that are not suitable for child-rearing.Divorce litigation and family disputesThe parties involved should prepare the materials based on these two main lines.

II. Key points of contention

Focus One: Determining the age: When to determine whether the child has reached the age of two. Focus Two: Specific circumstances under which the mother is unfit to raise the child and the burden of proof. Focus Three: The relationship between the child's actual care status and the relevant principles. Focus Four: The advantageous conditions that the father must prove when claiming custody. Focus Five: The amount and payment method of child support. Focus Six: How visitation arrangements should be determined in conjunction with custody rights. Focus Seven: Whether it is possible to request a change in the custody relationship in the future.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm reminds that the principle of children under the age of two following their mother often interacts with the actual situation of childcare and the determination of fault in practice. Taking a divorce dispute handled by attorney Li Yonghui of our firm as an example: Ms. Li and Mr. Xu registered their marriage in early 2018 and had a son in 2021; after marriage, due to lack of understanding, they often quarreled. In 2020, Ms. Li discovered that Mr. Xu had been having an affair. Although Mr. Xu promised to reform, he did not change his ways, and was later arrested by the public security organ for soliciting prostitutes. In early 2022, Mr. Xu left home and the couple have been living apart ever since. Ms. Li insisted on divorce and claimed that the child should be raised by her. The focus of the case was whether the marital relationship had broken down, the custody of the child, and whether the man's fault could support damages. While comforting the client and sorting out the property clues, the lawyer organized evidence around the fact that the child had been living with the mother and was not yet two years old, and claimed that the man had committed a major fault based on his record of being punished for soliciting prostitutes. The court ruled in favor of divorce, with the child being raised by the mother, the man paying 5,000 yuan per month in alimony until the child reaches the age of 18, and paying 200,000 yuan for the house price and 50,000 yuan in damages. This case was handled by Beijing Henglue Law Firm. 恒略律师提示，两周岁以下子女随母的原则，在实务中往往与照护现状、过错认定相互作用。以本所李永慧律师代理的一起离婚纠纷为例：李女士与徐某于2018年初登记结婚，2021年生育一子；婚后因缺乏了解常生争吵，2020年李女士发现徐某出轨，徐某承诺悔改却未收敛，后又因嫖娼被公安机关抓获；2022年初徐某离家出走，双方分居至今。李女士坚决离婚并主张孩子由其抚养。案件焦点在于夫妻感情是否破裂、孩子的抚养归属，以及男方过错能否支持损害赔偿。律师在安抚当事人情绪、梳理财产线索的同时，围绕孩子一直随女方生活、尚不满两周岁这一事实组织举证，并以男方嫖娼被处罚的记录主张其存在重大过错。法院一次判决离婚，孩子由女方抚养，男方每月支付抚养费5000元至孩子年满18岁，并支付房屋对价款20万元、损害赔偿金5万元。本案由北京恒略律师事务所代理。Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: First, fix the evidence of the child living with you, such as feeding, medical treatment, vaccination, and school attendance records; Second, if you claim that the other party is not suitable to raise the child, you should provide corresponding evidence rather than verbal accusations; Third, keep daily images and expenditure receipts of taking care of the child to form continuous materials; Fourth, clarify the alimony and visitation arrangements when suing; Fifth, pay attention to the impact of the child's age milestones on the adjudication rules. Legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all effective from January 1, 2021), and 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) regarding custody. For issues involving personal safety and damage compensation, please refer to the relevant provisions.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

First, the principle is favorable to the mother, but it's not an absolute rule when there are circumstances that make it inappropriate to raise the child. Second, the current situation of childcare needs to be supported by evidence, and it's difficult to convince the court with mere statements. Third, accusing the other party without evidence is often ineffective, and objective materials are more crucial. Fourth, the alimony can be adjusted according to the changes in the situation. Fifth, if there are major changes in the situation after the judgment, the parties can request to modify the custody relationship. For issues related to child custody, you can consult a lawyer for more professional advice.Divorce litigation and family disputesConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial decisions.

VI. Frequently Asked Questions

Q1: The child has just turned one year old. Who does the court usually award custody to in such cases?

In principle, custody is awarded to the mother. According to Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021), children under the age of two shall be directly raised by the mother, primarily considering the continuity of breastfeeding and care. If the mother is clearly unfit to raise the child, the father may also seek custody, but he must bear the corresponding burden of proof.

Q2: If the mother has a stable job and better financial conditions, would that change the conclusion?

During the period of under two years of age, economic conditions are not the primary factor. The continuity of care and the need for breastfeeding are given greater priority. Even if the mother has better economic conditions, it is usually more advantageous for her to obtain custody rights; conversely, if the father claims better conditions, he needs to prove that the mother is not suitable for child-rearing, rather than simply comparing incomes.

Q3: If the mother is unwilling to raise the child, who will the child be awarded to?

If the mother clearly does not want to raise the child, and the father is willing and able to do so, the court will usually award custody to the father in accordance with the principle of what is best for the minor child. At this time, the father should provide proof of stable living, income, and care arrangements. If necessary, he can claim that he and his family members will jointly care for the child to enhance the feasibility of the custody plan.

Q4: After the child is awarded to one party, can the other party still get him/her back?

Yes, but this requires legal grounds and evidence. If the direct custodian suffers from a serious illness and is unable to provide custody, neglects to fulfill his or her guardianship duties, or the child's wishes have significantly changed, the other party may file a lawsuit to change the custody relationship. According to the relevant judicial interpretations (effective from January 1, 2021), the court still judges based on the best interests of the child.

Q5: How much is the child support for children under two years old usually?

The alimony is usually determined based on the actual needs of the children, the financial capacity of both parents, and the local living standards. For those with fixed incomes, the alimony is generally paid at a rate of 20% to 30% of their total monthly income; for those without fixed incomes, the alimony is determined based on the average per capita consumption expenditure level in the local area in the previous year. The specific amount will be determined by the court according to the circumstances of the case, and it can be applied for adjustment in the future.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is 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. If you encounter disputes, please consult a practicing lawyer in time.