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China Justice Observer

中司觀察

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Who Is More Likely to Win Custody?

In principle, if a child is under the age of two when the parents divorce, the mother shall have the custody of the child.

If a child has reached the age of two, the court shall, on the basis of the actual circumstances of both parties, make a judgment to the best interest of the child. Besides, if the child has reached the age of eight, the court shall also respect the true will of the child.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1084

Contributors: CJO Staff Contributors Team

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