[Direct answer]In the Beijing area, when divorcing, the principle is that children under the age of two should be directly raised by their mothers, but this is not an absolute rule. According to Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021), the principle is that children under the age of two should be directly raised by their mothers; according to Article 44 of the Interpretation 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 February 1, 2021), if the mother suffers from a chronic infectious disease or other serious diseases that are not suitable for living together, has the conditions to raise the child but fails to fulfill her obligation to raise the child, or is otherwise unsuitable to live with the child, the father's request to directly raise the child may be supported; if the parties agree that the father should raise the child and there is no adverse impact on the child's growth, it is also valid. For children over the age of two, the judgment shall be made in accordance with the principle of maximizing the interests of the minors; for children over the age of eight, their true wishes should be respected. It is recommended to fix the evidence of common life and upbringing as soon as possible. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

1. Problem background and typical scenarios

"Granting custody to the mother for children under two years old" is one of the most widely circulated misconceptions about custody rights. Typical scenarios include: the mother suffers from an infectious disease or is frequently away from home and unable to care for the child, while the father actually takes on daily child-rearing responsibilities; the mother files for divorce shortly after the end of the breastfeeding period, and the father has been caring for the child with his grandparents for many years; neither party is willing to give up custody rights, or they are competing to gain custody of the child. Many fathers mistakenly believe that they will "inevitably lose" if the child is under two years old and therefore give up their claims directly. Similarly, many mothers mistakenly believe that age alone guarantees custody rights and neglect to provide evidence of their own child-rearing conditions. When Beijing courts handle such cases, age is merely a starting principle, and the ultimate judgment will still focus on the children's current interests and their ongoing caregiving situation. For cases involving the future recovery of child support, relevant evidence can be combined with other factors to determine the amount of support payments.Creditor-debtor relations and enforcement case servicesEvaluate the security path.

II. Key points of contention

There are three main points of contention. Firstly, whether the "follow the mother" principle can be overturned: the father needs to provide evidence of the mother's long-term incurable infectious diseases or serious illnesses, or her failure to fulfill her parental obligations, etc. It's difficult to establish this claim based solely on verbal assertions. Secondly, the standard for determining what is in the best interests of the minor child: this includes who is currently taking care of the child, the stability of the child's living environment, the economic and living conditions of both parties, the child's health status, the amount of time spent with the child, and whether the child has any bad habits. Thirdly, the actual situation during the breastfeeding period and the separation period: when the couple separates during marriage, which party the child lives with, and whether the grandparents assist in childcare, often become key facts in court hearings. In addition, transactional arrangements where one party gives up child support in exchange for custody, or uses the child as a bargaining chip to obtain more property, are generally not supported by the court if they are not conducive to the child's growth.

III. Professional analysis by Henglue Law Firm

The right of custody is not mechanically allocated according to age or gender. Taking a divorce dispute handled by our firm as an example: Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In April 2025, Zhang *hua first sued for divorce, but the court ruled against the divorce. About two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage, so she entrusted Beijing Henglu Law Firm to sue for divorce, claiming to dissolve the marriage, have the child live with her and require the other party to pay alimony, divide 70% of the joint property, share the joint debts, and compensate for damages. Zhang *hua agreed to divorce but demanded that the child be raised by her and receive 70% of the property, accusing Wang *sheng of transferring property. Henglu Law Firm put forward three arguments in its representation: using the first ruling against the divorce and the evidence of the affair to prove that the marriage had indeed broken down; combining the long-term living environment of the child and the parents' ability to raise the child to argue that the child living with the father is more in line with the principle of the best interests of the minor child; and strictly adhering to the principle of protecting the innocent party in the Civil Code to claim a favorable division of the joint property. The court determined that Zhang *hua's infidelity during the marriage constituted a major fault, and ruled to grant the divorce, with the child living with Wang *sheng. Zhang *hua was ordered to pay alimony of 550 yuan per month until the child reaches adulthood, and Wang *sheng was awarded 70% of the joint property. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. It can be seen that whether the child is under two years old or over eight years old, the core of the judgment lies in which party can better ensure the child's stable growth.

IV. Practical suggestions and legal basis

The legal basis mainly includes: Article 1084 Paragraph 3 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (the principle that children under two years of age shall be directly raised by their mothers, and children over two years of age shall be judged according to the principle that is most beneficial to the minor children, and children over eight years of age shall respect their true wishes); Article 1085 (the burden of alimony); Article 1086 (visitation rights); Article 44 (the statutory circumstances in which fathers can directly raise children under two years of age) and Article 45 (where the parties agree that the father shall directly raise the children and there are no adverse effects, the agreement shall be supported) of 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 February 1, 2021). Practical suggestions: Keep records of feeding, picking up, medical treatment, and parent-child activities on a daily basis; during the separation period, try to let the children live with you and arrange fixed visits; collect evidence of the other party's unsuitable circumstances for raising children, but do not infringe on their privacy; when suing, specify alimony and visitation arrangements at the same time to reduce subsequent disputes. For more experience in handling family disputes, please refer to the following materials:Divorce litigation and family dispute resolution servicesColumn.

5. Henglue Law Firm's Reminder

Here are three tips: Firstly, the principle that children under the age of two should stay with their mothers can be overturned by statutory circumstances, but the burden of proof lies with the claimant. Don't be overly optimistic or give up easily. Secondly, once custody rights are determined, they are not fixed. If the direct custodian causes serious harm to the child's growth, the other party can file a lawsuit to change the custody relationship. Thirdly, acts of seizing or hiding minor children not only affect the assessment of custody rights, but may also be used by the other party as evidence against them. These actions should be avoided at all costs. When divorcing, it's advisable to consult a professional lawyer to formulate a comprehensive plan for custody rights, child support, and visitation rights, which can be used as a reference.Special services and other case servicesObtain cross-field support.

VI. Frequently Asked Questions

Q1: Can the father win the custody of a child under two years old if he files a lawsuit?

There's a chance, but it requires legal grounds to support it. According to Article 44 of 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, if the mother suffers from a chronic infectious disease or other serious illness that cannot be cured, fails to fulfill her duty of raising the child despite having the ability to do so, or is otherwise unsuitable to live with the child, the father's request to directly raise the child under the age of two may be supported; if both parents agree that the father should raise the child and there is no adverse impact on the child's healthy growth, it should also be supported. However, if the mother's conditions for raising the child are normal and there are no such circumstances, it will be more difficult for the father to win the case. The outcome of the case depends on the evidence and specific circumstances, and it's impossible to guarantee it in advance. It is recommended to first sort out your own conditions for raising the child and whether the other party has any legal circumstances, and then evaluate the litigation plan.

Q2: What evidence do I need to prepare to fight for custody rights?

It is recommended to collect evidence from five aspects: 1. Evidence of the parent's own advantages in raising the child, including income proof, living conditions, health examination reports, and records of companionship (photos and videos of picking up and dropping off the child, medical visits, and parent-child activities). 2. Evidence that the child lives with the parent, including proof that the child lived with the parent during the separation, records of picking up and dropping off the child at kindergarten or school, and testimonies from neighbors. 3. Evidence of the other parent's unfavorable circumstances, including disease diagnoses, harmful habits, records of domestic violence penalties, and proof of being unable to care for the child while away for a long time. 4. Evidence of auxiliary care, such as explanations and photos of grandparents assisting with childcare. 5. Materials showing the child's wishes. The court will pay particular attention to the wishes of children aged 8 and above. The evidence should be organized around the question of "who is better suited to raise the child for their current development," avoiding simply accusing the other parent and refraining from forging materials.

Q3: How much does a custody lawsuit cost?

The litigation fees for divorce cases range from 50 yuan to 300 yuan per case. If the case only involves the custody of children and does not involve the division of large-scale property, the fee burden will be relatively light. If the case also involves the division of property, no additional fees will be charged for a total amount of property not exceeding 200,000 yuan, and the portion exceeding 200,000 yuan will be charged at a rate of 0.5%. The losing party or the parties shall bear the fees in proportion. If the custody dispute is sued separately, the fees will be charged according to non-property cases, and the cost will not be high. The lawyer's fees are related to the complexity of the case and the intensity of the dispute. They are usually charged on a per-case basis or on an hourly basis, with the specific fees subject to the contract of entrustment. It should be noted that the core cost of custody litigation lies in the collection of evidence and the time spent on multiple court hearings. It is recommended to fix the key evidence before suing to avoid repeated court hearings that prolong the litigation period and increase the cost.

Q4: How long does it usually take to reach a verdict in a custody case?

The first-instance ordinary procedure generally concludes within six months, and the simple procedure is applied to cases with clear facts, concluding within three months; cases involving only custody disputes often apply the simple procedure, and the judgment can usually be made after one or two court hearings. If the other party appeals, the second-instance procedure generally concludes within three months. In addition, according to Article 1082 of the Civil Code of the People's Republic of China, the man may not file for divorce within one year after the woman gives birth, unless the woman files for divorce or the court deems it necessary to accept the man's request. Overall, custody disputes with sufficient evidence preparation are usually completed within a few months from the filing of the lawsuit to the issuance of the judgment; if the custody relationship needs to be changed after the judgment, the time period for filing a new lawsuit is similar to that of the previous case. The specific progress is subject to factors such as service and evaluation, and the actual procedures shall prevail.

Q5: If I want to fight for custody of my child, what exactly should I do?

It is recommended to follow four steps: First, evaluate the legal basis. For children under the age of two, focus on verifying whether the other party meets the inappropriate rearing circumstances stipulated in Article 44 of the Interpretation (I) of the Marriage and Family Code. For children over the age of two, compare the conditions of both parties based on the principle of what is most beneficial to the minor child. Second, immediately stabilize the child's actual living conditions, allowing them to live, study, and receive medical treatment with you, forming a continuous rearing fact. Third, systematically collect evidence of your own rearing advantages and the other party's unfavorable circumstances, paying attention to legal evidence collection. Fourth, prioritize negotiation. If negotiation fails, claim custody rights in the divorce litigation and clarify child support and visitation rights to avoid only contesting custody rights while neglecting supporting arrangements. In the event that the other party seizes or hides the child, promptly report the case to the police and keep records for use as evidence unfavorable to the other party.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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, 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 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.