The issue of children's custody right in divorce shall be handled by both parties through agreement. If no agreement can be reached, the people's court shall make a judgment according to the specific circumstances in order to benefit the children's physical and mental health and protect their legitimate rights and interests. Children under two years of age generally live with their mother; For minor children over two years of age, if both parties require to support them, priority may be given to one of the following circumstances:
 1. Having lost fertility due to sterilization or other reasons;
 2. The change of the living environment is obviously harmful to the physical and mental health of children as they live longer;
 3. There are no other children, and the other party has other children;
 4. Children live with them, which is beneficial to their growth, while the other party is not conducive to their physical and mental health; For children over 10 years old, their wishes should be considered.