Nowadays, divorce is a very common phenomenon. When divorce, we often encounter the problem of fighting for the custody of children. Do children have the right to choose which side to follow when their parents divorce? Or can only be passively selected or decided? Article 5 of the Supreme People's Court's Several Specific Opinions on the People's Court's Handling of Children's Support in the Trial of Divorce Cases stipulates that in case of a dispute between parents over a minor child who has lived with his father or mother, the views of the child shall be taken into consideration. Why was this age limited to over 10 years old at that time? This is because the General Principles of the Civil Law defines a person with limited capacity for civil conduct as 10 years old to 18 years old. However, the general provisions of the civil law implemented on October 1, 2017 later lowered the age baseline of persons with limited capacity for civil conduct to 8 years old. Therefore, the age of children hearing opinions should also be lowered to 8 years old now. So why listen to children? Because children know the specific conditions of both parents best, and they know who loves them most and who is happier with them. Therefore, the choice made within the scope of children's cognitive ability is more in line with children's interests. Then, will the court judge the custody right according to the child's opinion? It can't be said so absolutely. The opinion of the child is only an important consideration factor, but not a decisive factor. When deciding the right of child support, the court should consider and properly solve the problem from the perspective of helping the child's physical and mental health, safeguarding the legitimate rights and interests of the child, and combining the specific circumstances of both parents, such as the ability and conditions of support.
 Legal basis:
 Article 19 of the General Principles of the Civil Law of the People's Republic of China
 Minors over the age of eight are persons with limited capacity for civil conduct. When performing civil juristic acts, they shall be represented by their legal representatives or, with the consent and ratification of their legal representatives, they may independently perform civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
 Article 36 of the Marriage Law of the People's Republic of China
 The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, whether the children are directly raised by the father or the mother, they are still the children of both parents. After divorce, parents still have the right and obligation to support and educate their children. After divorce, children who are breast-feeding shall be brought up by the breast-feeding mother in principle. If the two parties fail to reach an agreement due to a dispute over the upbringing of a child after breast-feeding, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.