When Ningbo divorced, there were two children. How would the court give custody?

When a family with two children divorces, the allocation of custody is the primary concern for both parties. Must the court necessarily award one child to each parent? Can two children with a significant age gap both be placed in the care of one parent? In short: When divorcing and having two children, the court is not required to award one child to each parent. Instead, it makes a flexible ruling based on the principle of “the best interests of the minor children,” taking into account factors such as the children’s ages, the parents’ ability to provide care, the children’s wishes, and the sibling relationship. It is also common for both children to be placed in the care of one parent.

1. Legal Basis: New Interpretation from Civil Code to 2025

Article 1084 of the the People's Republic of China Civil Code stipulates: "After divorce, children under the age of two shall be directly raised by the mother. Where the parents cannot reach an agreement on the issue of custody for a child who has already reached the age of two, the people’s court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle of acting in the best interests of the minor child. If the child has reached the age of eight, their true wishes shall be respected. "(I) Articles 44 to 46 of the 'Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China' (hereinafter referred to as 'Interpretation I') elaborate specific rules for different age groups: children under two years old shall, in principle, live with their mother; for children who are two years old or older and both parents seek direct custody, priority may be given in cases where one parent has undergone sterilization surgery or has lost the ability to reproduce for other reasons, where the child has lived with that parent for a longer period and a change of environment would clearly be detrimental, or where one parent has no other children while the other does.

Article 14 of the Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code (Fa Shi [2025] No. 1, hereinafter referred to as Interpretation II), which came into force on February 1, 2025, adds a new "negative list" of direct support: both parents require to directly support their children who have reached the age of two, and one party has domestic violence or maltreatment or abandonment of family members, gambling, drug abuse and other bad habits, in case of bigamy, cohabitation with others, or other serious violations of husband and wife's duty of loyalty, snatching or hiding minor children (the other party has no domestic violence, bad habits and other serious violations of children's rights and interests), or other situations that are not conducive to the physical and mental health of children, the court shall give priority to the direct support of the other party in accordance with the principle of being most beneficial to minor children. Interpretation II, Articles 12 and 13, jointly provide that if one parent or their close relatives abducts or conceals a minor child, the other parent may apply for a personal safety protection order or an injunction against infringement of personality rights. Furthermore, in custody disputes, the court may temporarily determine matters relating to child rearing—thus, “snatching” a child not only fails to secure custody but may also become a decisive adverse factor leading to the loss of custody rights.

How to divide the two 2. children: six kinds of situations

Scenario 1: One is under two years old and one is over two years old.In principle, children under the age of two follow their mothers, and older children are judged according to the conditions of both parties. It is not uncommon for both to follow their mothers.

Situation two: two children of similar age, deep feelings.The court tends not to raise them separately in order to maintain the emotional bond between brothers and sisters. If one party's conditions are obviously better, both children may be sentenced to that party.

Case 3: One party has domestic violence, drug abuse, gambling and other vices.According to interpretation 2, article 14, it is not only difficult for the party to obtain any one child, but also may be excluded as a whole; both children are usually raised directly by the other party.

Situation 4: One party snatches and hides the child.The act will be regarded as an adverse factor, and the court will give priority to the direct maintenance of the other party, and may first issue a personal safety protection order or an injunction to stop the infringement of personality rights.

Scenario 5: The child is eight years old. The court will separately ascertain the child’s genuine wishes and comprehensively assess the custodial parent’s ability to provide care; the child’s unilateral preference alone does not definitively determine the outcome.

Scenario 6: Both parties have equal conditions, each with one.One person is also a common option, but the maintenance of two children will not be automatically offset by "one person, one person"-if the child's age, health, and education expenses are different, the party with the higher cost can ask the other party to make up the difference.

Core reminder: Two children are not the subject of "equal distribution", but two independent "most beneficial to minor children" judgments; whether to raise them separately and how to distribute them must fall into the specific situation of each child.

3. Cases and Data Verification

In terms of specific judgment, according to the divorce dispute between Chang and Meng publicly decided by Ningbo Jiangbei Court, the court approved the divorce and ordered the legitimate children to be directly raised by the plaintiff and the defendant to pay 1000 yuan a month in alimony. According to the divorce dispute between Chen Mou and Luo Mou publicly decided by Ningbo Court, the children are raised directly by one party and the other party pays maintenance in instalments until they reach their adult years-the amount of maintenance in the case of two children will be determined by taking into account the local standard of living, the income of both parties and the actual needs of the children. Illustrative Case (Example, fictional): A couple has two children, aged six and three. The mother provides full-time care, while the father is frequently away on business and has previously assaulted the children while intoxicated. Considering the father’s history of domestic violence and the fact that both children have been living primarily with their mother for an extended period, the court ruled that both children shall be directly raised by the mother. The father is ordered to pay a higher monthly child support amount and is subject to restrictions on the manner of visitation. In cases involving domestic violence, awarding custody of both children to one parent—typically the non-abusive parent—is precisely the outcome contemplated by Article

14of Interpretation II.

4. Common Misconceptions and Correct Answers

Myth 1: There are two children, the court must sentence one person to one person.Positive solution: The court takes "the most beneficial to minor children" as the principle and does not engage in mechanical sharing. It is very common for both children to belong to the same party, especially when one party has domestic violence, bad habits or robbing and hiding children.

Myth two: the boy belongs to the father, the girl belongs to the mother.Positive solution: gender is not the decisive factor, the court attaches more importance to the conditions of support and the interests of children.

Myth 3: Children will follow whoever they say when they are eight years old.Positive solution: the court will inquire separately and respect its true wishes, but it is still making a comprehensive judgment on the basis of reviewing the supporting ability of the claiming party, and does not rule out that the wishes of the two children point to the same party.

Myth 4: One person, one maintenance fee is not paid for each person.Positive solution: maintenance obligations are independent of the distribution of custody rights, and if the cost gap between two children is large (such as a chronic disease and high education expenditure), the party with the higher cost may claim to make up the difference.

Myth 5: You can get custody by hiding your children first.Positive solution: Interpretation 2 clearly snatching and hiding minor children will be regarded as an adverse factor. The court will give priority to the direct support of the other party and can stop it in time through protection orders and injunctions.

List of 5. evidence materials and operation steps

For two children to be jointly or separately raised, it is recommended to organize the evidence around "most beneficial to minor children:1. Evidence of self-support capacity: Income certificate, tax record, real estate residence certificate, health certificate, elderly assistance care instructions;2. Evidence of adverse circumstances of the other party: domestic violence alarm records, injury identification, administrative punishment decision, gambling and drug abuse records, records of long-term business trips or refusal to fulfill the obligation of raising;3. Evidence of the current situation of the child's life: photos and videos of living with oneself, certificates of school teachers, testimony of neighbors, daily transportation and accompanying records;4. Sibling Emotional Evidence: written or visual material in which two children live together and do not wish to be separated;5. Willingness of children over eight years of age: Asked by the judge alone, parents avoid repeated indoctrination in advance;6. Basis of maintenance: The other party's payroll, bank flow, tax records and child's tuition, medical expenses and other expenditure vouchers.

Operating steps: first evaluate the conditions of one's own upbringing and the other's short board, and propose an overall plan including visiting arrangements during negotiation; If the two children have deep feelings, they can apply to the court to entrust family investigators to visit and verify (Ningbo Yuyao, Ninghai and other courts have family investigators mechanism), and their investigation reports have important reference value for the judge's discretion. No further litigation after negotiation, in the lawsuit, alimony is claimed and a reference standard is proposed according to the proportion of 20%-30% of the total monthly income of the other party.

6. procedures and deadlines: changing upbringing, visitation and enforcement

The dispute over the custody of the two children is not limited to the divorce judgment: first, the lawsuit of changing the custody relationship. After a judgment or agreement has established the custody arrangement, if the custodial parent suffers from a serious illness, fails to fulfill parental obligations, abuses the child, or if the child’s living situation with that parent is clearly detrimental to their development, the other parent may file a lawsuit at any time to seek a change of custody. If the child has reached the age of eight and expresses a desire to live with the other parent, and that parent is capable of providing care, the court shall grant such request. The lawsuit of change is not bound by the "established force" of the original judgment, but the key is new facts and evidence. Secondly, the right of visitation. Article 1,086 of the Civil Code provides that a parent who does not have direct custody of the children has the right to visit them, and the other parent is obligated to assist in the exercise of such right. The right of access shall not be extinguished by the determination of custody. When both children are awarded to one parent, the court must clearly specify in the judgment the frequency, manner, and arrangements for the handover of the children when the other parent exercises their right of access to each child, so as to avoid enforcement disputes arising from situations where one child may be visited while the other cannot.Third, snatch the immediate relief of hiding children.Articles 12 and 13 of Interpretation II clearly state that if one party or its close relatives snatch or hide minor children, the other party may apply for a personal safety protection order or a prohibition on infringement of personality rights, and the court may temporarily determine the custody matters and order assistance in performing guardianship duties-this is a fast track beyond litigation, and the alarm record and injunction document are also favorable evidence for subsequent custody litigation. Fourth, child support and enforcement. If child support is refused, an application for compulsory enforcement may be filed; the court may, in accordance with the law, garnish wages or freeze bank accounts. If a party refuses to comply with visitation obligations or conceals the child, the court may impose coercive measures such as fines or detention; in serious cases, where the conduct constitutes the crime of refusing to execute judgments or rulings, criminal liability shall be pursued in accordance with the law. Maintenance payment method, monthly payment is easy to implement and adjust, one-time payment needs to assess the other party's ability to perform.

Q: Can the two children be changed after they are sentenced to their parents separately?Answer: Yes. After a judgment or agreement has determined the custody arrangement, if circumstances arise such as the directly custodial parent suffering from a serious illness, failing to fulfill parental obligations, abusing the child, or if the child’s living situation with that parent is clearly detrimental to their development, the other parent or the child may petition for a change in the custody arrangement. If the child is at least eight years old and expresses a desire to live with the other parent, and that parent has the capacity to provide care, the court shall grant such a request. In a claim for modification, the court considers new facts; each of the two children is assessed independently, and the arrangement is not rigidly fixed on the basis of the original “one child each.”

Q: The two children live with their parents respectively. Will living in different places affect the visit?Answer: Yes. The frequency, duration, and cost allocation for out-of-town visitation should be specifically addressed in the written agreement (e.g., concentrated visitation during winter and summer vacations, supplementary video visitation, and shared transportation costs). Otherwise, ambiguities in the terms may easily lead to disputes during the enforcement phase. If the two children live in two places respectively, they can agree that the court of their respective places of residence should resolve the visiting dispute nearby, and write down the visiting arrangement in an operable manner, which is more cost-effective than applying for execution afterwards.

7. Frequently Asked Questions

Q: With two children, does the court have to sentence one for each?

Answer: Not necessarily. The court assesses each child individually based on the principle of “the best interests of the minor child.” It is possible for both children to be placed with one parent, or for them to be assigned to different parents; the decisive factors are the respective parenting capabilities of both parties and the specific circumstances of each child.

Q: How to deal with a child under two years old?

Answer: Children under the age of two are based on the principle of being directly raised by their mothers; mothers who suffer from infectious diseases that cannot be cured for a long time and are not suitable to live together can live with their fathers.

Q: Both children want to talk to their mother. What will the court say?

Answer: If the two children have reached the age of eight, the court will separately inquire about their wishes; combined with the mother's ability to raise, living conditions and the father's unfavorable factors, it is not uncommon for both children to be sentenced to the mother.

Q: Can one party get custody if he steals and hides the child?

Answer: You cannot rob. Interpretation No. 2 explicitly states that the abduction or concealment of a minor child constitutes a negative factor in the allocation of custody, and the court shall give priority to awarding direct custody to the other party; the other party may also apply for a personal safety protection order or an injunction against infringement of personality rights.

Q: Do you still have to pay alimony for the two children to be raised separately?

Answer: Generally, they each bear the cost of the children they bring, but if the cost of raising the two children is obviously different, the party with the higher cost may ask the other party to make up the difference. The amount of alimony can also be adjusted separately according to the changes in the child's serious illness, further education and other circumstances.

8. Practical Insights from a Lawyer

The most common misconception of divorce in families with two children is "one for sure". In practice, the court is not a mechanical equal distribution, but according to the principle of the most favorable to minor children, the combination of age, the conditions of both sides, the wishes of the children and the feelings between siblings to judge, two children are raised by one party is not uncommon. Therefore, the first step is not to start by assuming “one child each” and then haggling over terms; rather, it’s to clearly lay out the actual circumstances of both children: how much older one is than the other, who has been caring for them from infancy through adulthood, where they are currently attending school, what their sibling relationship is like, and whether separating their custody would affect their lives and mental well‑being. These are the factors that underpin the conclusions.

The evidence should be prepared around "whether it is better for the child to separate or not to separate. If you are seeking custody of both children, you should typically focus on two key aspects: first, the objective facts demonstrating that you have been providing long-term care for both children and that your living situation is stable; second, the reasons why it would be in their best interests not to separate the siblings—such as their similar ages, close bond, long-term cohabitation, and your greater ability to manage their needs both energetically and financially. Even if you naturally lean toward the “one for each” approach, you should still assess your child’s preferences and adaptability—don’t sacrifice your child’s actual well-being just to use it as a bargaining chip. If a child is already eight years old, their wishes should be taken seriously; however, it’s important to handle the situation carefully so as not to put the child in an awkward position.

During the negotiation, the maintenance arrangement can be discussed together with the maintenance fee and visit, so as to avoid leaving hidden dangers for the follow-up. The amount of child support, the method of payment, and the schedule and manner of visitation should all be clearly specified to ensure smooth enforcement in the future. If the matter ultimately results in a court judgment, be aware that the other party may refuse to comply or delay visitation under various pretexts. One more point to keep in mind: custody is not set in stone; if, in the future, there are significant changes in the circumstances affecting child-rearing, or if the primary custodian develops conditions that are clearly detrimental to the child, the other parent may still seek a modification of the custody arrangement. Therefore, regardless of the outcome this time, consistently and steadily being involved in your child’s life and maintaining a record of your responsible participation are the most enduring and practical preparations you can make.

There is no fixed formula of "one person, one" for the distribution of custody of two children, and there is only one criterion: it is most beneficial to minor children. It is suggested that Ningbo parties focus on fixing three types of materials-evidence of their own upbringing ability, evidence of the other party's unfavorable upbringing, and evidence of the two children living together and emotional ties; The wishes of children over the age of eight shall be inquired by the judge alone. Do not "fight for" by robbing or hiding your children, which will only backfire. Negotiation priority, program specific (including visit and maintenance arrangements), is the Ningbo family trial high-profile withdrawal rate background of the lowest cost of the solution path.