[Direct answer]No. The law does not stipulate that each case must follow a specific rule. The only criterion is what is in the best interests of the minor children. Article 1084 of the Civil Code of the People's Republic of China stipulates that, after divorce, children under the age of two shall be raised directly by their mothers as a general rule; where the children have reached the age of two but the parents fail to reach an agreement on the issue of custody, the people's court shall, based on the specific circumstances of both parties, make a judgment in accordance with the principle that is most conducive to the interests of the minor children; where the children have reached the age of eight, their true wishes shall be respected. Therefore, it is entirely possible in law for both children to be awarded to one party for custody, while the other party shall legally bear the child support obligation and enjoy the right of visitation.

I. Problem background and typical scenarios

In divorce disputes involving families with two children, custody rights are often more difficult to negotiate than property rights. Common scenarios include: one party believing that "it's most fair for each child to live with one parent," while the other insists that it's more beneficial for the two children to live together; there are also cases where one party gives up custody rights in exchange for property concessions. In reality, there are situations where the age gap between the two children is quite large, with one being an adult and the other still a minor, as well as cases where one parent works abroad for a long time and the children are actually cared for by the other parent and their elders. These differences mean that the court's rulings will not be uniform, and mechanically applying the principle of "one child with each parent" is likely to misjudge the situation.

II. Key points of contention

First, different rules apply to different age groups. Children under the age of two are generally raised directly by their mothers; those over the age of two are judged by the court based on the principle of what is most beneficial to the minor children; and those over the age of eight should respect the children's true wishes, but this does not mean that the children can make all the decisions. The court will still review whether the wishes are genuine and whether they have been unduly influenced. Second, the interests of siblings living together. If two children have lived together for a long time and are emotionally dependent on each other, the court usually tends not to separate them, so as to avoid causing secondary harm to the children by changing their living environment. Third, a comparison of parenting abilities. This includes stable housing and income, actual care time, convenience in medical treatment and schooling, the possibility of family members assisting in care, and whether there are situations such as domestic violence, alcoholism, or drug addiction that are detrimental to the children's physical and mental health. Fourth, the coordination of child support and visitation rights. If custody is granted to one party, the other party should bear child support obligations and at the same time enjoy visitation rights, and the two cannot offset each other. Fifth, the established stable living state. If the children have lived with one party for a long time and adapted well, the court generally does not want to easily change the current situation.

III. Professional analysis by Henglue Lawyers

The determination of custody rights is not simply a division of rights equally among all parties. In specific cases, the advantages of the innocent party and the party who has been providing long-term actual care will be highlighted and emphasized. The plaintiff, Wang *sheng, and the defendant, Zhang *hua, registered their marriage in 2006 and had one daughter (who has now reached adulthood) and one son (who was 11 years old at the time). Over the years, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang *hua filed for divorce first. Wang *sheng initially hoped to save the marriage, but in August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during the marriage and subsequently hired a lawyer to file for divorce again, demanding the dissolution of the marriage, the custody of the child by Wang *sheng with the defendant paying child support, the division of joint property, the sharing of debts, and compensation for damages. Zhang *hua verbally agreed to the divorce but imposed harsh conditions, including custody of the child and the division of most of the property, while accusing Wang *sheng of transferring assets and being unfit to raise the child. The lawyer focused on three key points: 1. Compiling evidence of the court's ruling against the divorce and the evidence of the affair to prove that the marriage had irretrievably broken down and there was no possibility of reconciliation. 2. Demonstrating that the child's actual living conditions, the parties' care time and parenting abilities supported the child living with Wang *sheng, which better served the principle of the best interests of the minor child. 3. Emphasizing the impact of fault on property division, pointing out that the defendant had violated the marital duty of fidelity and was the direct cause of the marriage breakdown. The court ruled that Zhang *hua had been having an affair during the marriage after the first lawsuit was dismissed, confirming that the marriage had irretrievably broken down and granting the divorce. The court adopted the lawyer's arguments, ruling that the child would live with Wang *sheng, with Zhang *hua paying 550 yuan per month in child support until the child reaches adulthood, and supporting Wang *sheng in obtaining 70% of the joint property in accordance with the principles of protecting the rights of the child, the non-at-fault party, and the party who has been providing long-term actual care. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the arrangements for child support are interrelated with fault and property division, and need to be claimed comprehensively in one lawsuit. For cases involving long-term payment of alimony, it is also necessary to consider it in advanceExecuteThe feasibility of this; for example, if there are situations of domestic violence or personal injury on one side, the evidence of the injuries can be referred toPersonal injury and medical disputesIt's handled in a fixed way.

IV. Practical suggestions and legal basis

According to Article 1084 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), after divorce, parents still have the rights and obligations to support, educate, and protect their children. Children under the age of two shall be directly raised by their mothers, unless otherwise agreed upon. If an agreement cannot be reached, the People's Court shall make a judgment in accordance with the principle that is most beneficial to the minor children. Children aged eight or above shall respect their true wishes. Article 1085 stipulates that if the children are directly raised by one party, the other party shall bear part or all of the alimony. The amount and duration of the alimony shall be agreed upon by the parties, and if no agreement can be reached, the People's Court shall make a judgment. Article 1086 stipulates that the party who does not directly raise the children has the right to visit them. Regarding the specific calculation standards and priority consideration of alimony, the current effective laws and relevant judicial interpretations of the Supreme People's Court shall prevail. Action list: Firstly, collect and organize evidence of your actual care for the children, including pick-up and drop-off records, medical treatment and payment receipts, and testimonies from teachers and neighbors. Secondly, fix evidence that is detrimental to the children's growth, such as domestic violence records, proof of alcoholism or long-term absence from home, and ensure that the evidence collection methods are legal. Thirdly, prepare materials on parenting ability, including income, housing, social security, and working hours. Fourthly, the wishes of children aged eight or above should be allowed to be expressed independently and truthfully, avoiding inducement. Fifthly, simultaneously design the amount of alimony, payment methods, and visitation arrangements to reduce subsequent disputes, and if necessary, seek legal assistance through legal channels.Specialised legal servicesCoordinate divorce, child custody, and other matters related to children's upbringing.Real estateThe overall plan for the partitioning.

5. Henglue Law Firm's Reminder

In the custody dispute, the most common mistake is to use the child as a bargaining chip: hiding the child, blocking the other party's visitation rights, and disparaging the other party in front of the child. These actions may not only be deemed by the court as detrimental to the child's physical and mental health, but also directly affect the final judgment. Another misconception is that once custody is determined, it cannot be changed. In fact, if the direct custodian's behavior seriously harms the child's growth, or if the child's wishes change significantly, the other party can legally request to change the custody relationship. There's also something to note: alimony is not fixed. If there are significant changes in the child's actual needs, the parents' ability to pay, or the local living standards, the other party can legally request an increase or adjustment. As for the exercise of visitation rights, it is recommended to specify them in the judgment or mediation, including the frequency, time period, and pick-up and drop-off locations, to avoid future disputes. For matters involving property and alimony enforcement, it's important to assess the other party's ability to perform and the location of their assets as soon as possible.Beijing Henglue Law FirmSuggestion: Prioritize the stability of the child and organize evidence based on their current life situation. This approach is more effective than emotional confrontation.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning custody of the two children?

There is no fixed probability, which depends on the evidence and the age structure of the children. If the two children live together for a long time, are emotionally dependent on each other, or if the other party suffers from domestic violence, fails to fulfill their care obligations for a long time, or has serious situations that are detrimental to the children's physical and mental health, the likelihood of the two children going to the same parent will significantly increase; if the conditions of the two parties are similar and the age gap between the children is large, the court may also make arrangements for separate custody. The core principle is still to act in the best interests of the minor children.

Q2: What evidence do I need to prepare?

There are three key points: First, proof of the actual care provided by oneself, including pick-up and drop-off records, home-school communication records, medical and training payment receipts, daily photos and videos; Second, proof of the ability to raise children, including income and social security records, housing conditions, working hours, and family assistance; Third, proof that the other party is detrimental to the children's growth, including domestic violence warning letters, police reports and medical records, evidence of alcoholism or long-term absence from home. The wishes of children aged eight and above should be expressed by the children themselves, and it is not appropriate for one party to make statements on their behalf.

Q3: What are the approximate amounts of child support and attorney's fees?

Alimony is generally paid monthly, with the amount determined based on the actual needs of the children, the financial capacity of both parents, and the local standard of living. For those with fixed incomes, the payment is usually between 20% and 30% of their total monthly income. For those supporting more than two children, the amount can be appropriately increased but generally not exceeding 50%. The specific amount will be determined by the court. Lawyer's fees are determined based on the complexity of the case and whether there are property disputes involved. They are usually charged based on the amount in dispute or in stages. If the parties have agreed otherwise, the fees will be based on their agreement. The final amount will be determined by the written contract of attorneyship.

Q4: How long does it take to handle such cases?

The first-instance trial is generally concluded within three to six months from the initiation of the case. However, cases involving major disputes over custody rights and those requiring investigation and evidence collection may take longer. If the first lawsuit is ruled against divorce, the plaintiff usually needs to wait six months before filing another lawsuit, or file another lawsuit based on statutory circumstances such as separation for one year. After the judgment takes effect, if one party refuses to pay alimony, the plaintiff can apply for enforcement. The enforcement period depends on the other party's ability to perform and financial status, so the overall time arrangement requires patience.

Q5: What should I do first?

First, maintain and strengthen the stable state of children living with their parents, and avoid sudden changes in their living and schooling environments; at the same time, start systematically collecting receipts for childcare, schooling, medical treatment, and daily expenses. The second step is to sort out the other party's faults and unfavorable factors, and confirm that the evidence-gathering methods are legal. The third step is to consult a professional lawyer with the materials, evaluate the feasibility of claiming both children together, the amount of alimony, and visitation arrangements, and then decide on the litigation strategy. Do not sign any agreements involving custody rights with the other party without being fully prepared.

The above answer is based on the judicial practice in the Beijing area. 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 evidence materials, 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 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.