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Shenzhen Professional Divorce Lawyer: Who Will the Child Be With After Divorce? The Court's Judgment Criteria Explained in One Go

Author: Dao Hua Marriage and Family Law FirmDate: 2026-05-15Reads:times

  When couples divorce, the issue of child custody is the most heart-wrenching, and many parents worry that the court's judgment may be biased, but in fact, there is no need to be anxious. According to the "Civil Code of the People's Republic of China" and relevant judicial interpretations, the core principle of the court's judgment on custody is "the most favorable for the healthy growth of the minor child," which has clear statutory standards and will not be blindly determined based on personal emotions or economic conditions.
  The primary basis for the court's judgment on custody is the child's age. For children under two years of age, custody is generally granted to the mother, but if the mother has incurable infectious diseases, does not fulfill the custody obligations, or has other circumstances that are not suitable for living with the mother, the father may request custody; if both parents agree that the father should have custody and it has no adverse effect on the child, the court will also approve.
  For minors over eight years of age, the law clearly respects their real wishes, and judges usually ask the child separately about their thoughts. The court will generally adopt the choice of the child's preference, as children of this age have a certain level of cognitive and judgment abilities.
  For children between two and eight years of age, the court will make a judgment based on the combined circumstances of both parties, focusing on the duration of care and companionship, living environment, educational resources, and taking into account work stability, whether there are bad habits, and other circumstances that are not conducive to the child.
  In addition, the court will consider the statutory circumstances: if one party has had sterilization surgery, lost the ability to reproduce, or the child has lived with them for a long time, the court may give priority to their obtaining custody; if one party has domestic violence, abuse, gambling, drug addiction, long-term absence, or does not fulfill the custody obligations, they will be considered as not conducive to the child's growth, and their pursuit of custody will be at a disadvantage.
  The judgment of custody is not unrelated to economic conditions, but it is not the core factor. The court does not prioritize wealth, focusing on whether it can ensure the child's basic living and educational needs, and gives priority to companionship, care, and a stable environment. As long as the economy can meet the child's needs, there is a chance to obtain custody even if the family is not wealthy. It is recommended to preserve evidence of daily care, companionship, and educational activities in advance to better protect the legitimate rights and interests of both parties.
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