Who should have custody of an illegitimate child after marriage?

The court will generally consider aspects that are beneficial to the child's future healthy life.

First of all, the child is 13 months old, under the age of 2 years, and in principle, it is raised by a nursing mother. It is based on article 36, paragraph 3, of the Marriage Act (2001 amendment). The exceptions are: 1. The woman suffers from illness and the children are not suitable to live with her; 2. The woman has the conditions to support and does not fulfill the obligation to support her, and the father requires the child to live with her; 3. For other reasons (such as the mother's special nature of work, etc.), in addition, if both parents agree that the child under the age of 2 will live with the father and there is no adverse impact on the healthy growth of the child, it may be allowed.

In addition: children over the age of 2 to under the age of 18 should be considered for priority, such as 1. One party has undergone sterilization or lost fertility; 2. The children have lived with them for a long time, and changing the living environment is obviously detrimental to the healthy growth of the children; 3. There are no other children, and the other party has other children; 4. The child lives with him, which is beneficial to the child's growth, and the other party suffers from a serious illness or has bad habits such as moral turpitude; 5. The conditions of both parties are basically the same, but the children have lived with their grandparents for many years, and the grandparents request and have the ability to help take care of the grandchildren.

It depends on whether the woman has the financial ability or not.

If there is, it will usually be awarded to the woman.

If not, it's hard to say.

Awarded to the woman wow, the man has no financial **. Generally, it will be awarded to the party who has a job, a house, and fixed assets.

Methods for confirming custody of children born out of wedlock:

1. The custody of an illegitimate child under the age of two belongs to the mother;

2. The right of custody of the mother shall be confirmed on the basis of the agreement between the parents, and if no negotiation can be reached, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child according to the specific circumstances of both parties.

[Legal basis].

Article 1071 of the Civil Code of the People's Republic of China.

Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.

A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.

Article 1084.

The relationship between parents and children is not 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 the divorce, children under the age of two years are found to be directly raised by their mothers. For children who have reached the age of two and the parents of a child who has reached the age of two and the parents have not reached 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.