After divorce, the determination of child custody shall follow the following principles and methods:
First, it shall be determined by both parties through consultation;
Secondly, if the consultation fails, the court's judgment principle is:
1. Children under two years old. Generally, children under the age of two will be sentenced to the woman.
2. Children over the age of two and under the age of eight. For children over two years of age who are minors, their parents both require them to live with them. If either party has one of the following circumstances, priority can be given to them:
(1) Having undergone sterilization operation or losing fertility due to other reasons;
(2) The change of living environment is obviously detrimental to the healthy growth of children as they live longer;
(3) No other children, while the other party has other children, etc.
3. Children over eight years old. If a minor child has reached the age of eight, the views of the child should generally be taken into consideration when the parents dispute over the custody right.
[Legal basis] Article 1084 of the Civil Code states that 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 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.