The party who filed for divorce does not have the right to maintain children, which shall be determined according to the income, living conditions, health status of both parties, as well as the age and living habits of the children.
According to Article 36 of the Marriage Law, the relationship between parents and children shall not be eliminated by parents' divorce. 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.