[Direct answer]In the Beijing area, it is not necessarily the case that the two children will be "one with each parent" after a divorce. The court makes a judgment based on the principle of what is most beneficial to the minor children, comprehensively considering the child-rearing ability, the record of accompanying the children, the true wishes of the children, and the unfavorable factors of the other party. According to Article 1084 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), children under the age of two are generally directly raised by their mothers. Children who have reached the age of eight should respect their true wishes. For children over the age of two, if an agreement cannot be reached, the court will make a judgment based on the specific circumstances. Economic conditions are only one of the factors to be considered. A long-term stable child-rearing situation, daily companionship, and educational participation are often more convincing. Action guidance: Maintain the continuity of the child-rearing status, collect evidence systematically as soon as possible, and never seize or hide the children.

1. Problem background and typical scenarios

When a couple with two children divorces, they often mistakenly believe that "equal division" is the norm, or that "the one with better financial conditions will get everything". Typical scenarios include: both parties want the children and neither is willing to give way; one party has been the primary caregiver for the children for a long time, while the other party has participated very little due to being in a different city or being busy with work; one party's parents step in to claim to help raise the children; both parties want one child or both want two children. In these situations, the systematicness of the evidence is more crucial than individual advantages. For more information on relevant rules, please refer to the following link:Divorce litigation and legal services for family disputes.

II. Key points of contention

The controversy focuses on five points. Firstly, "one child per parent" is not a legal rule. For more than one child, the court will determine custody based on what is most beneficial to the minor children, which may be awarded to one parent or subject to other arrangements. Secondly, the continuity of the current custody arrangement is important. Whether the children have been living with either parent for a long time and whether their living environment is stable are crucial considerations. A sudden change might be detrimental to their physical and mental health. Thirdly, the weight of financial support and emotional companionship should be taken into account. Income and housing are part of a parent's ability, but daily care and emotional companionship are also included. Fourthly, the children's wishes should be respected. For children aged eight or above, their true wishes should be respected, but these wishes must be genuine and not induced. Fifthly, factors such as domestic violence, bad habits, and long-term failure to fulfill parental obligations will significantly weaken one parent's qualifications. In the judicial practice of the Beijing area, a stable and continuous custody arrangement is the most convincing evidence.

III. Professional analysis by Henglue Law Firm

A divorce dispute handled by attorney Xiong Binrong demonstrates the judicial logic of addressing fault and child custody simultaneously. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a daughter who has already reached adulthood and a son who is 11 years old. During their marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua filed for divorce first, but Wang *sheng tried to reconcile with her. In August of the same year, the court ruled against the divorce. About two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage and commissioned attorney Xiong Binrong to file a new lawsuit, demanding the dissolution of the marriage, custody of the biological child with Wang *sheng and requiring the other party to pay child support, division of 70% of the joint property, sharing of debts, and compensation for damages. Zhang *hua verbally agreed to the divorce but imposed harsh conditions, accusing Wang *sheng of transferring assets and being unfit to raise children. Attorney Xiong Binrong argued that allowing the biological child to live with Wang *sheng would better comply with the principle of acting in the best interests of minors, based on the child's growth environment, the couple's daily behavior, and their parenting abilities. At the same time, he closely adhered to the "faulty party principle" in the Civil Code, pointing out that Zhang *hua violated the marital duty of fidelity and was the direct cause of the marriage breakdown. The court determined that Zhang *hua's infidelity during the marriage constituted a major fault, granted the divorce, and ruled that the biological child would live with Wang *sheng. Zhang *hua was ordered to pay 550 yuan per month in child support until the child reaches adulthood and to support Wang *sheng in dividing 70% of the joint property. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Principles of Raising and the Wishes of Children), Article 1085 (Liability for Maintenance), and Article 1086 (Visitation Rights); the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective January 1, 2021) regarding the standard of maintenance; and the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016). Action list: First, maintain the stability of the child's current living and schooling status and not change it without authorization. Second, collect evidence based on five categories: maintenance capacity, attendance records, the child's wishes, the other party's unfavorable factors, and the feasibility of maintenance. Third, truthfully record and not induce the child's wishes regarding children aged over eight. Fourth, draft specific provisions for maintenance and visitation arrangements. Fifth, apply for personal safety protection orders in a timely manner when there is a risk of violence. For more details, please refer to the relevant provisions.Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Reminder

There are two things to avoid most in custody disputes: seizing and hiding children, and making emotional statements. If one party takes the child away without authorization and loses contact, it may be considered detrimental to the child's physical and mental health, and may even weaken their own case; disparaging the other party in front of the child and inducing them to make statements will also affect the court's judgment on the authenticity of their intentions. The value of evidence lies in its continuity, authenticity, and verifiability. Daily records of companionship accumulated over time are far superior to oral statements in court. When handling similar cases in the Beijing area, it is recommended that parties provide evidence in the form of written materials rather than oral statements.Beijing Henglue Law FirmUnder the guidance of professional lawyers, we organize an evidence system to translate the "child's interests" into specific facts.

VI. Frequently Asked Questions

Q1: Will the two children definitely be sentenced to one year each?

No. The law does not stipulate that the two children must be divided equally. The court always uses the best interests of the minor children as the criterion for judgment. If one party's conditions are obviously better, or if changing the children's living environment is detrimental to their physical and mental health, both children may be awarded to one party. The outcome of the case depends on the evidence and comprehensive judgment. No lawyer can unilaterally guarantee the custody rights. The systematicness of the evidence is more reliable than the inertial expectation of "one for each party".

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

Organized into five categories: 1. Parenting capacity: income proof, salary records, housing proof, and health status. 2. Companion records: life photos, school pick-up and parent-teacher meeting records, homework assistance and medical accompaniment, chat records with children. 3. Children's wishes: genuine expressions from children aged 8 or above. 4. Adverse factors: police reports of domestic violence against the other party, evidence of gambling and drug abuse, and proof of long-term failure to fulfill parental obligations. 5. Feasibility: stable living and schooling conditions, and specific visitation plans. The evidence should indicate the time and source of each item, forming a timeline.

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

The standard for alimony is determined in accordance with 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". For those with fixed income, the alimony shall generally be determined at 20% to 30% of their total monthly income. For those supporting more than two children, the alimony may be appropriately increased, but generally not exceeding 50% of their total monthly income. The specific amount shall be determined based on the local living standards, the actual needs of the children, and the ability of the party receiving alimony to bear the expenses. If the circumstances change after the judgment, the party may request a modification in accordance with the law.

Q4: What should I do if the other party takes away the child and doesn't let me see him/her?

Do not respond by seizing or hiding evidence. Such actions may be deemed detrimental to the physical and mental health of the children. The correct approach is to fix the evidence of the other party's concealment, including police reports, communication records, and clues to the other party's whereabouts; seek help from the police and keep the receipt; consult a lawyer to assess the timing of applying for an injunction against infringement of personality rights or initiating custody litigation; and specify the visiting time and method in the mediation or judgment to reduce enforcement disputes.

Q5: If both children are mine, does the other party still have to pay child support?

Yes. The granting of custody rights does not directly exempt the other party from their obligation to support the children. The party who does not directly raise the children should still bear part or all of the child support expenses, and the specific amount and payment method shall be agreed upon by both parties or determined by the court in accordance with the above-mentioned standards. Even if both children are awarded to one party, it is still the principle that the other party should pay child support, unless both parties have a legal agreement to the contrary and it does not affect the children's rights and interests.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.