[Direct answer]The decision-making criteria can be summarized into four points. First, age stratification. Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that children under the age of two shall be directly raised by their mothers as a general rule; for children over the age of two, if the parents cannot reach an agreement, the court shall make a decision based on the principle of maximizing the interests of the minor children; for children over the age of eight, the court shall respect their true wishes. Second, the principle of maximizing the interests of the minor children. The court shall compare the two parties' time spent with the children, living and educational conditions, and physical and mental health status. Third, verification of the children's wishes. The wishes of children over the age of eight must be genuine, and statements induced or exchanged for promises may not be accepted. Fourth, continuation of the current situation. If the children have been living with one party for a long time and their schooling is stable, the court will generally tend to maintain the status quo. Circumstances such as the breastfeeding period, care for special diseases, or situations where one party has domestic violence or is addicted to gambling will also substantially affect the judgment.Divorce litigation and family disputesThe column provides guidance on how to handle similar issues.

1. Problem background and typical scenarios

There are four common situations: First, the child is still in the breastfeeding period or under the age of two, and both parents request to directly raise the child; Second, the child has entered primary or junior high school and has been living with one parent and grandparents for a long time; Third, the child is over eight years old and can clearly express his or her wishes, but the authenticity of the wishes is disputed by both parties; Fourth, the economic conditions of the two parties are very different, and the party with lower income is worried about losing the right to raise the child. When handling similar cases in Beijing, the court usually first fixes the current living, schooling, and care status of the child, then compares the sustainability of the conditions of both parties, and finally makes a judgment based on the child's wishes. For the connection between child support and visitation arrangements, you can refer to it.Special services and other casesColumn.

II. Key points of dispute

Focus One: The exceptions to the principle that children under the age of two should be directly raised by their mothers, such as when the mother suffers from serious illness or there are circumstances that are detrimental to the child's growth. Focus Two: The focus during the period when the child is between two and eight years old typically lies on the actual care and emotional dependence relationship. Focus Three: The determination of the age of eight and the review of the authenticity of the child's wishes. Focus Four: Whether children in multi-child families should be raised separately should prioritize the interests of the children rather than simple equal division. Focus Five: Negative evaluations of one party when they engage in domestic violence, gambling, or long-term failure to fulfill their parental obligations. Focus Six: The effectiveness and sustainability of grandparents' assistance in childcare. Focus Seven: The conditions and evidentiary requirements for changing the custody relationship after a judgment. The specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take 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, Xu *1, in 2021, but they often argued due to a lack of understanding before marriage. In 2020, Ms. Li discovered that Mr. Xu had been having an affair. Although Mr. Xu promised to reform, he failed to 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 separated. Ms. Li insisted on divorce and proposed that the child be raised by her, while Mr. Xu agreed to divorce but contested for custody. After accepting the case, the lawyer first sorted out the property situation, including real estate, vehicles, deposits, and financial assets, and then organized evidence based on the child's age and living conditions. The child, who was still under two years old and had always lived with his mother, was subject to the principle that children under two years old should be raised directly by their mothers. Therefore, the lawyer argued that the child should be raised directly by the mother. At the same time, based on Mr. Xu's faults, the lawyer showed that he had clearly failed to provide adequate care for the family and the child. The court adopted the main opinion and ruled that the divorce be granted, the child be raised by the mother, and Mr. Xu pay 5,000 yuan per month in alimony until the child reaches the age of 18, as well as 200,000 yuan in compensation for the house and 50,000 yuan in damages. This case highlights the priority of standard application: first look at age stratification, then look at the current situation of care and emotional dependence, and finally combine faults and conditions for comparison. This case is from Beijing Henglu Law Firm.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, identify the age group of the child and clarify the key evidence required to avoid misdirecting the focus of the proof. Second, prepare materials based on the continuity of the current situation, including proof of residence, school enrollment and attendance certificates, and records of daily care. Third, for children under two years old, prepare materials on direct care and health status to address potential claims of exceptions. Fourth, for children over eight years old, apply to the court for a separate interview to determine their wishes. Fifth, when submitting evidence unfavorable to the child's growth, provide objective documentation such as police reports, administrative punishment decisions, and medical records. Sixth, for families with multiple children, propose an overall custody plan based on the emotional connection between the siblings. Legal basis: Articles 1084, 1085, and 1067 of the Civil Code of the People's Republic of China (all effective since January 1, 2021); specific adjudication standards shall be based on currently valid laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, age stratification is the first threshold, and the burden of proof for different age groups is completely different. Secondly, the principle of "the best interests of minor children" is the default standard, and any claim must ultimately return to the interests of the children themselves. Thirdly, do not attempt to exchange material promises for the children's statements, as the court will review the process of forming the will. Fourthly, once custody rights are determined, they are not immutable. If the direct custodian is not conducive to the children's growth, a separate lawsuit can be filed. Fifthly, the alimony can be adjusted according to the actual needs of the children and the changes in the other party's income, and there is no need to negotiate a final amount all at once.

VI. Frequently Asked Questions

Q1: Who is usually awarded custody of children under the age of two?

According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China, children under the age of two shall be raised directly by their mothers as a general rule. However, if the mother suffers from a chronic infectious disease or other serious illness that cannot be cured, or if she has the ability to raise the child but fails to fulfill her obligation to do so, the court may rule that the child be raised directly by the father.

Q2: Between the ages of two and eight, what does the court mainly consider?

There is no fixed priority order in this stage. The court usually compares who actually takes care of the children on a daily basis, who the children form a stable dependence on, whether the time spent together and the living and education conditions of both parties are sustainable, and whether changing the current situation would obviously be detrimental to the children's growth. Care traces are the most common key evidence.

Q3: Can children over the age of eight decide for themselves who they want to live with?

They cannot make the decision entirely on their own. According to the law, the court should respect their true intentions, but the court will still review the authenticity and rationality of their intentions and make a comprehensive judgment based on the conditions of both parties' upbringing. If the intentions obviously do not conform to the interests of the children, or if there is inducement or pressure in the process of forming the intentions, the court may not accept them.

Q4: If one party commits domestic violence, will it affect the custody rights?

Yes. Domestic violence reflects the safety risks of the upbringing environment, and the court usually evaluates it as an important factor that is detrimental to the children's growth. The parties should submit the police report, the warning letter, the injury appraisal, the medical records, and the relevant audio and video recordings. In serious cases, it may also involve personal safety protection orders and criminal responsibility issues.

Q5: Can the custody rights be changed after the judgment?

Yes, but this requires a separate lawsuit and the provision of evidence. Common circumstances include the direct custodian suffering from a serious illness or being unable to continue raising the child, neglecting to fulfill their custody obligations or engaging in abusive behavior, the child clearly being at a disadvantage when living with them, and a child who has reached the age of eight wishing to live with the other party and that party having the ability to raise the child.

The above Q&A is mainly based on the judicial practice in Beijing. 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 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 current laws and regulations and publicly available 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.