Children born without marriage registration are legally equivalent to legitimate children, and the court's determination of custody is always based on the primary principle of ensuring the healthy growth of the child. Whether the parents are married or not will not exempt either party from their legal custody obligations.
When a child is under two years old, it is usually entrusted to the mother for direct custody, which aligns with the physiological needs of breastfeeding and daily care for infants and toddlers. Only if the mother has incurable serious illness, infectious diseases, or has the conditions for custody but has long neglected the care of the child, will the court, based on the father's claim, adjust the custody rights. If both parties agree that the father should have custody and it will not harm the child's physical and mental health, the court will also recognize this arrangement.
When a child is between two and eight years old, the court will not unilaterally favor either parent. It will weigh various factors such as past care experience, living environment, economic income, and whether grandparents can assist in caring for the child. If the child has been living with one parent stably for a long time, the living environment is generally not changed easily. If one party has habits such as alcoholism, domestic violence, gambling, or physical conditions that make it difficult to care for the child, the likelihood of obtaining custody will significantly decrease. The party that has lost the ability to reproduce and has no other children may have priority in obtaining custody when both parties have similar conditions.
After a child reaches eight years old, the child's own wishes are an important basis for the court's judgment. In the absence of special circumstances that are detrimental to the child's growth, the court generally follows the child's choice to determine the custodian.
After determining the custody rights, the parent who does not live with the child directly needs to pay child support on time, which is used to cover the child's daily living, education, and medical expenses. If a major change occurs, such as serious illness or negligence in education, the other party can also apply for a change in the child's custody through litigation.