How to determine the custody rights of children whose parents are divorced?

Legal analysis: The judgment on child custody of divorced parents is as follows: 1. Children under the age of two are raised directly by their mother. 2. If the child has reached two years old and the parents cannot reach an agreement on the custody issue, the people's court shall handle the matter in accordance with the principle that is most beneficial to the minor child based on the specific circumstances of both parties. 3. If the child is over eight years old, his true wishes should be respected.

Legal basis: "Civil Code of the People's Republic of China"

Article 1,076 If a couple voluntarily divorces, they must sign a written divorce agreement and apply in person to the marriage registration authority Divorce registration.

The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.

Article 1079. If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Implementation of family law Violence, abuse, or abandonment of family members;

(3) Gambling, drug abuse and other bad habits;

(4) Separation for more than two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marital relationship.

If one party is declared missing and the other party files for divorce, the divorce shall be granted.

After the people's court rules that divorce is not allowed, if the two parties have lived apart for one year and one party files divorce proceedings again, the divorce shall be granted.

Article 1085. If a child is directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of expenses and the length of the period shall be agreed upon by both parties; if agreement cannot be reached, the People's Court shall make a judgment.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent that exceed the amount of the original agreement or judgment when necessary.

Article 1,087 When divorcing, the property of the husband and wife shall be handled by agreement between the parties; if the agreement cannot be reached, the People's Court shall, based on the specific circumstances of the property, take care of the rights and interests of the children, the woman and the non-fault party. principled judgment.

The rights and interests enjoyed by couples in family land contract management are protected in accordance with the law.