If the woman files for divorce, can a child over the age of four go to the woman?

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 incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) 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;

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

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.

4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.

5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.

6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.

7. In any of the following circumstances, one party's request to change the child support relationship shall be supported.

1) The parent living with the child is unable to continue to raise the child due to serious illness or disability;

2) The party living with the child does not fulfill the obligation to support the child or abuses the child, or the party living with the child has a negative impact on the child's physical and mental health;

3) Minor children over the age of 10 who are willing to live with another party and who has the ability to support them;

4) There are other legitimate reasons to change.

8. Where both parents agree to change the relationship between the children and raise their children, it shall be permitted.

In the case of divorce between husband and wife, both the father and the mother request to live with the child over the age of two years, and in any of the following circumstances, priority may be given:

1. Those who have undergone sterilization or have lost their fertility due to other reasons;

2. The child usually lives with him or her for a long time, and changing the living environment is obviously detrimental to his or her healthy growth;

3. The parent who has no other children;

4. The child lives with him/her, which is conducive to the healthy growth of the child, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has circumstances that are not conducive to the healthy growth of the child, and is not suitable to live with the child;

5. The conditions of the father and mother are the same, and depending on the child's living situation with the grandparents or maternal grandparents, the grandparents have the conditions to raise grandchildren or grandchildren, and may be given priority to living with the father or mother.

It depends on the situation, depending on whether the environment of both parties is conducive to the development of the child, as well as the economic foundation of both parties, etc.

Of course you can, it doesn't matter who the child belongs to and who files for divorce.

It's just that the child will belong to the party that is conducive to the child's growth.

Legal Analysis: Yes. However, if it is proved that the woman has no way to raise the child, or the woman refuses, or the woman's fault is not suitable for taking the child, then it will still be raised by the man, however, generally if the woman fights, unless the woman has no major fault for raising the child, such a young child is still advocated by the woman.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions agreed upon through consultation on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

In the event of a divorce, the custody of the 4-year-old child can be regulated by the woman. According to the law, after divorce, the determination of child custody follows the following principles and methods: first, it is determined by both parties through negotiation; Second, if the negotiation fails, the court's decision principle is:

1. Children under the age of two. Generally, children under the age of two will be awarded to the woman. 2. Children over the age of two and under the age of eight.

For children over the age of two years, both the father and the mother request to live with them, and one of the parties may be given priority if they have any of the following circumstances: (1) they have undergone sterilization or have lost their fertility due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children, etc. 3. Children over the age of eight.

If a minor child reaches the age of 8 and the parents have a dispute over custody, the child's opinion should generally be taken into account.

Legal basis

Article 1084 of the Civil Code states that the relationship between parents and children shall not be extinguished by the divorce of the 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 divorce, children under the age of two years 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 8, their true wishes shall be respected.

Legal analysis: For minor children who have reached the age of two, parents who require direct custody can be negotiated, and if the two parties cannot negotiate the custody of the child, they can resolve it through litigation. The court will make a judgment based on the principle of favoring the child, such as living conditions, ability to support children, etc.

Priority may be given to the situation where the child has lived longer with him/her, and the change of living environment is obviously detrimental to the healthy growth of the child.

Legal basis: "The Supreme People's Court's Interpretation on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" Article 46: Where parents request direct support for minor children who have reached the age of two, and one party has any of the following circumstances, priority may be given to them: (1) they have undergone sterilization or have lost their fertility due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the child's healthy growth; (3) There are no other children, and the other party has other children; (4) It is not appropriate for the child to live with the child because it is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious illness that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health.