Hello, may I ask under what conditions the woman can obtain custody of the child if both parties are

If the husband and wife divorce, under what conditions the custody of the child belongs to the woman.

1. Children under the age of two.

Children at this age are still breastfeeding and need their mothers to breastfeed, so it is relatively better to live with their mothers and take care of the children more carefully.

2. The woman has undergone sterilization or has lost her fertility due to other reasons.

Under the premise that the economic gap between the man and the woman is not very large, and both parties want custody of the child, in this case, the court will generally award the child to the woman.

3. The woman has always accompanied the child to grow up.

If the child is raised by the man in the future, the sudden change of living environment will affect the healthy growth of the child, in this case, the child is more likely to be awarded to the woman.

4. The man has a bad lifestyle or suffers from a major disease.

If the man behaves badly, or suffers from a long-lasting infectious disease or other serious illness, and cannot provide a healthy, harmonious and warm environment for the child to grow up, or is not suitable to live with the child, in this case, the custody of the child generally belongs to the woman.

5. The man has other children.

If the man is still fertile or has other children, then the court may favor the woman, after all, the biological mother will be more considerate of the child and can give the child the best love.

First of all, it is required, and then, it is necessary to have the ability to support and have a stable income for a long-term fixed residence.

Legal Analysis: The court will generally make a decision that is conducive to the physical and mental health of the child. By proving that she is more sensitive and tolerant in raising children, which is conducive to the physical and mental health of children, she can increase her chances of obtaining custody.

In addition, children under the age of two years are generally awarded to the woman. For children over the age of 10, the court will give priority to the child's wishes.

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 the father and the mother, regardless of whether they are raised directly by the father or the mother.

After divorce, parents still have the right and obligation 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 8, their true wishes shall be respected.

Legal Analysis: In the case where the two parties cannot reach a settlement through negotiation, the people's court shall properly resolve the matter based on the specific circumstances such as the ability of both parents to raise their children and the conditions for raising them, mainly from the perspective of benefiting the physical and mental health of the children and protecting the legitimate rights and interests of the children. A woman will have a great advantage in fighting for custody if:

Children up to the age of two generally live with their mothers. (2) Where the two parties are over the age of 10 and have a dispute over the ownership of custody, the child's opinions shall be considered. (3) For children between the ages of two and those under the age of ten, the circumstances in which the woman may give priority to the custody of the child are as follows:

1. The woman has undergone sterilization or has lost her ability to bear children due to other reasons; 2. The child has lived with the woman for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; 3. The man has other children; (4) If the husband is at fault for the breakdown of the relationship between the husband and wife, the child is more likely to be awarded to the woman. (5) The man has bad habits, such as gambling, alcoholism, and other vices. The court will usually award the child to the woman.

To sum up, if the woman wants to fight for custody, the above factors should be taken into account. Finding what is in your favor and if there is still definite evidence, you will have a great advantage in the court's decision.

Legal basis: Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts

Article 1 Children under the age of two generally live with their mothers. In any of the following circumstances, the mother 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.

Article 5: Where there is a dispute between parents over the age of 10 over that a minor child living with his or her father or mother, the child's opinions shall be considered.