If both parties have no property, if the child is less than two years old, it is generally brought up by the mother; If they have reached the age of two, the two parties may reach an agreement. If they fail to reach an agreement, the people's court shall make a judgment according to the specific circumstances of both parties and the principle that it is most beneficial to the minor children; Those who have reached the age of eight should respect their true wishes.
 Legal basis:
 Article 1084 of the Civil Code 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 children of both parents.
 After divorce, parents still have the right and obligation to support, educate and protect their children.
 After divorce, children under the age of two shall be directly supported by their mothers in principle. If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.