[Direct answer]In the Beijing area, when two children get divorced, the custody rights are not automatically granted to one parent. According to Article 1084 of the Civil Code, the court rules based on the principle of "what is most beneficial to the minor children". Children under the age of two generally stay with their mother, and those over the age of eight are respected for their true wishes. If one party has been raising the two children for a long time and the other party has neglected their care or lacks the necessary conditions, the two children may be directly raised by one party. Only when the conditions of both parties are equivalent and it is more beneficial for the children to be separated, may the court rule that each party raise one child. The core of the judgment is to maximize the interests of the children, rather than to distribute them equally. For more information, please refer to the relevant materials.Divorce litigation and family dispute resolution services.

1. Problem background and typical scenarios

The allocation of custody rights for two children is a frequent dispute in divorces involving second-child families. Typical scenarios include: both parties want to keep both children, or neither party is willing to raise them; the court's "one child for each party" practice leads parties to mistakenly believe that the custody rights must be equally divided; one party is often away from home and the other party raises the children alone, but is still required to share custody; and when the ages of the two children are vastly different and their wishes conflict, many parties treat "one child for each party" as a rigid rule, but in reality, the court prioritizes the children's interests and the practice can be broken. In cases involving custody and housing ownership, the two issues can be combined for consideration.Real estate sales and construction project servicesEvaluation.

II. Key points of contention

There are three key points of the dispute. Firstly, the long-term custody of the children: which party actually takes responsibility for the children's daily life, education, and medical care is the key to breaking the "one child per parent" rule. Secondly, the children's wishes and age: children under two years old should stay with their mother, and children over eight years old should respect their wishes. When the age gap is large, individual considerations are needed. Thirdly, the custody conditions and stability: which party has better housing, income, spending time with the children, and assistance from the elderly are more conducive to the children's growth. For the calculation of child support across children, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesClarify.

III. Professional analysis by Henglue Law Firm

Judging from the cases handled by our firm, the principle of "one child per parent" is not an absolute rule. In the divorce dispute represented by Attorney He Ningning, the couple had two children, the husband had been running a business outside the home for a long time, and the couple had been living apart for more than ten years. The wife had been solely responsible for raising the two children. The court adopted the lawyer's opinion that "what is most beneficial to the minor children" and broke through the "balanced" judgment, mediated the divorce and granted the wife custody of the two children, with the husband legally paying child support. In the divorce dispute represented by Attorney Xiong Binrong, the 11-year-old child was awarded to the non-at-fault party for direct custody; in the mediation case represented by Attorney Liu Xingying, a balance was struck between custody and visitation rights. The above cases show that if both children are awarded to one party, it must be supported by long-term custody facts and evidence unfavorable to the other party. This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice certificate 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 is Article 1084 of the Civil Code (effective January 1, 2021) (the principle of acting in the best interests of minor children and age stratification), Article 1086 (visitation rights); and the rules on the determination of custody rights in the Interpretation (I) of the Marriage and Family Chapter of the Civil Code issued by the Supreme People's Court. Practical suggestions: Fix the travel, residence, education, and medical records of the two children who have been living with you for a long time; collect evidence of the other party's absence (separation, unaccompanied); properly and legally present the wishes of children aged over eight; strive for joint custody of the two children and clear visitation rights in mediation. Where there are multiple children living in a stable environment, relevant factors can be taken into account.Special services and other case servicesEvaluation.

5. Henglue Law Firm's Reminder

When competing for the custody of two children, don't be limited by the inertial thinking of "one for each parent". Suggestions: First, continuously prove your actual care and companionship for the two children, and establish a stable living fact; Second, collect evidence of the other parent's long-term absence and unsuitability for joint custody; Third, present the wishes of children over the age of eight legally as soon as possible; Fourth, prioritize mediation to clarify the joint custody and visitation of the two children, and reduce confrontation. If you encounter difficulties in providing evidence, you can consult a professional lawyer and seek assistance.Inheritance succession and family property division servicesPlan the allocation of related assets.

VI. Frequently Asked Questions

Q1: Can both children be awarded to me, and is there a high chance of success?

It's not impossible for both children to be awarded to one party, but the key lies in the evidence. If you have been raising the two children stably for a long time, while the other party has neglected their care or lacks the necessary conditions, and you can prove that changing the living environment would be detrimental to the children's physical and mental health, the court may break with the "one child to each party" tradition and award both children to you. The children's clear wish to live with you after the age of eight is also an important factor. A lawyer can help you systematically build evidence to demonstrate your advantages in child-rearing, but the outcome ultimately depends on the facts and the children's interests, rather than the unilateral claims of either party.

Q2: What evidence is needed to secure custody of two children?

The core evidence includes: travel, residence, academic, and medical records showing that the two children live with you; receipts for expenses you have incurred; evidence of the other party's long-term absence or unsuitability for child-rearing (such as separation, lack of companionship, domestic violence, etc.); housing and income certificates demonstrating stable living conditions; corroborating evidence from schools and neighbors; and legally validated materials reflecting the wishes of children aged eight and above. The evidence should be organized around the themes of "long-term joint child-rearing—beneficial to the children's growth—evidence of the other party's unfavorable factors," in order to avoid actions such as "stealing the children" that could harm your reputation.

Q3: For a custody case involving two children, how much are the attorney's fees and litigation costs?

The litigation fees are calculated according to the "Measures for the Payment of Litigation Costs" on a per-case or property basis. Only the custody rights disputes are charged on a per-case basis, with the amount being relatively low. If the custody rights are claimed together with the property division, the fees will be calculated based on the value of the property. There is no unified standard for attorney's fees, which are generally charged on a per-case or percentage basis of the litigation value. The specific fees shall be subject to the terms of the engagement contract, and risk-based fees are prohibited in marital cases according to law. It is recommended to clarify the charging method and fee cap before entrusting the case, and to control the cost for cases involving only custody rights disputes or minor property disputes.

Q4: How long does a custody dispute over two children take to resolve?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; where the facts are clear and the disputes between the parties are not significant, the summary procedure is more applicable, and mediation can help resolve the case faster. If the other party appeals, the second-instance procedure generally takes three months. If the case involves a survey of the children's wishes or a custody assessment, the timeframe may be extended. After the judgment takes effect, if there are issues regarding visitation enforcement, the outcome will depend on the cooperation of the parties involved. Overall, simple cases can be concluded within a few months, and it is recommended to clarify the visitation arrangements at the same time.

Q5: I want to fight for custody of my two children. What should I do first?

It is recommended to proceed in four steps: First, sort out and fix the evidence (records, bills, certificates) showing that the two children have lived with you for a long time; Second, list the circumstances and evidence of the other party's absence or unsuitability for child-rearing; Third, form a preliminary plan for child support and visitation, and strive for mediation as a priority; Fourth, if no agreement can be reached, file a lawsuit in time, and organize facts and evidence around the "best interests of the minor children". When necessary, hire a lawyer to formulate strategies to avoid damaging the image of child-rearing through excessive actions.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions 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 Henglue Law Firm

Disclaimer: This article is compiled based on current effective 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.