At the time of divorce, children under the age of two generally belong to the wife, with the exception that the wife is suffering from incurable infectious diseases or other serious diseases, and children should not live with her; Or the father asks his children to live with him when he has the conditions to support them but does not fulfill his obligations; Or there are other circumstances that are not suitable for children to live together with them.
Legal basis:
Article 44 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China Marriage and Family Part (I)
If a divorce case involves the upbringing of minor children, children under the age of two shall be dealt with in accordance with the principles set forth in the third paragraph of Article 1084 of the Civil Code. The people's court shall support the father's request for direct support of the mother in any of the following circumstances:
（1） If a child suffers from an infectious disease or other serious disease that has not been cured for a long time, he or she should not live with him or her;
（2） The father asks his children to live with him when he has the conditions to support them but does not fulfill his obligations;
（3） For other reasons, children should not live with their mothers.
