1. If the child has reached the age of eight, his true wishes should be respected when making a judgment;

2. Children under the age of two are raised by their mothers, except in special circumstances;

3. If the children have reached the age of two, and the parents fail to reach an agreement on raising them, the people's court shall make a judgment based on the specific conditions of both parties and the principle of being most beneficial to the minor children.

Conditions for fighting for custody of children:

1, the child's opinion is very important: if a minor child over 8 years old is involved, relevant evidence that the child is willing to follow his father or mother's life should be submitted;

2. Income status: prove that your economic income status is good and different from the other party;

3. Working environment: See who has a better working environment and is more conducive to children's education and growth;

4. Better living conditions: If you submit evidence about your living conditions, such as being close to the school and having mature living facilities, it will be most beneficial for your children to enter school and live, then you will be more likely to get custody of the children;

5. Nature of work of both parties: If one party is a stall vendor and the other party is a contractor of housing projects, it is obvious whose job is more conducive to raising children;

6. Personality cultivation: the personality cultivation and ideological quality of one party are particularly important in the struggle for custody of children, because the personality cultivation and ideological quality of the direct foster party will directly affect the healthy growth of the next generation;

7. Education level: Higher education is more conducive to children's education;

8. Other family members: such as the basic conditions of both parents. The pace of urban life is fast. In many cases, it is often not the husband and wife who really take care of the children, especially the preschool children, usually the parents.

To sum up, the criteria for judging children's custody need to be judged according to their age.

Legal basis:

Article 1084 of the Civil Code of People's Republic of China (PRC)

The relationship between parents and children is not eliminated by parents' divorce. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.