If the divorced child is less than two years old, then who has custody

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts.

When hearing divorce cases, people's courts shall follow articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions to properly resolve the issue of child support, proceeding from the interests of the children's physical and mental health, protecting the children's lawful rights and interests, and taking into account the specific circumstances of both parents, such as their ability to raise and their conditions for support. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:

1. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father: (1) suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with her; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons.

If you can prove that the woman has one of the above three circumstances, you can get custody of the child.

Generally, it will be awarded to the woman, but the family environment of both parties will also be considered to see which one is more suitable for raising children, which will generally be considered comprehensively. A more affluent family environment will be more advantageous.

According to Article 29 of the Marriage Law of the People's Republic of China, under normal circumstances, the custody of children under the age of two belongs to the woman

Priority may be given to one of the following circumstances: (1) a party who has undergone sterilization or has lost childbearing capacity due to other reasons; (2) There are no other children, and the other parent has other children; (3) The conditions under which the father and the mother raise the child are essentially the same, and both parties require the child to live with him/her as a priority condition for the child to live with the parent.

Legal analysis: Children under the age of two generally live with their mothers, except for Sakura's hall argument where the parents negotiate to be directly raised by the father. If the mother has any of the following circumstances, she may live with the father:

suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him; For other reasons, the child is truly unable to live with the mother; In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children. After the divorce, children under the age of two years are directly raised by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment in accordance with the principle of the best interests of the minor child on the basis of the specific circumstances of both parties.

Where children have reached the age of 8, their true wishes shall be respected.

If the divorced child is less than two years old, the custody rights shall in principle belong to the woman, unless the woman is not suitable to raise the child.

With regard to child custody, Article 1084 of the Civil Code stipulates that "for children under the age of two, the mother shall be directly raised by the mother", and that "for a child who has reached the age of two years and the parents fail to reach an agreement on the issue of child support, the court shall make a judgment in accordance with the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child." Where children have reached the age of 8, their true wishes shall be respected. It is further refined to consider the principle of custody according to the different age groups of children under the age of two, over two years, and over the age of eight

Children under the age of two years.

Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from an infectious disease or other serious illness that has not been cured for a long time, and the child is not suitable to live with him;

(2) The father requires the child to live with him/her;

(3) The child is unable to live with the mother due to other reasons.

In addition to the clear provisions mentioned above, many fathers may think that the custody of their children under the age of two must belong to the woman, but this is not necessarily the case. For example, in one case, the lawyer fought for the custody of the man's son under the age of two, because shortly after the son was born, the woman went back to her parents' house alone after arguing with the man, leaving the son to be fed to be taken care of by the man.

Legal analysis: Children under the age of two generally live with their mothers. However, it is not an absolute requirement for children under the age of two to live with their mothers, and children may live with their fathers if the mother has one of the legal circumstances.

Legal basis: Civil Code of the People's Republic of China

Article 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After Chi Fan's divorce, the children are still the children of both parents, regardless of whether they are directly raised by their father or mother.

After divorce, parents still have the rights and obligations to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of eight, their true wishes shall be respected.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.