The issue of children's custody in divorce shall be handled by both parties through agreement. If no agreement can be reached, the people's court shall make a judgment based on the specific circumstances, starting from the view that the version is conducive to the physical and mental health of children and the legitimate rights and interests of children with rights protection disabilities. Children under the age of two generally live with their mother; For minor children over two years of age, if both parties require to support them, priority can be given to one of the following cases: 1. Those who have been sterilized or have lost their fertility for other reasons; 2. The change of the living environment is obviously harmful to the physical and mental health of children as they live longer; 3. There are no other children, and the other party has other children; 4. Children live with them, which is beneficial to their growth, while the other party is not conducive to their physical and mental health; For children over eight years old, their wishes should be considered.
 [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.