Hello, on the issue of custody, children born in and out of wedlock are treated equally and have the same legal status. You two can negotiate to determine the custody. If negotiation fails, you can bring a lawsuit to the court. The principle of court handling: children under two years old should follow their mothers in principle, and children between two and eight years old should comprehensively consider the various situations of both parties and make comprehensive judgments. People over eight will respect their children's wishes. The main factors considered by the court in determining the ownership of children's custody include parents' financial ability, education level, children's original living environment, grandparents' education level and their willingness to support. Generally speaking, the general principle of determining the ownership of children's custody is conducive to the healthy growth of minors' body and mind. The party who has not obtained custody needs to pay the corresponding maintenance fee.

Article 1084 of the Civil Code: The relationship between parents and children shall not be destroyed by the divorce of parents. 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.