Who will be awarded custody of the child in 2026, what factors will the court consider, and how to calculate the monthly income of 20% to 30% for child support? Lawyer Shen Jinlong provides practical answers on the ownership of children under two years old

The law does not have a formula of 'whoever has the money wins' for who is awarded custody of the child. What the court really focuses on is the age of the child, who they will live with for a long time, the ability and willingness of both parties to raise them, whether there are any bad habits that are detrimental to the child, and the opinions of the child over the age of eight. Child support is generally awarded at a rate of 20% to 30% of the total monthly income, and for those who have two or more children, it can reach 50%. Under the age of two, generally with the mother, unless the mother has serious illness, abandonment or abuse that is not suitable for raising. This is the underlying logic that Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) repeatedly explains to the parties involved in marriage and family cases.

Under the age of two, in principle, it belongs to the mother, but there are four exceptions that need to be prepared in advance

Article 1084 of the Civil Code clearly states that children under the age of two after divorce shall be directly raised by their mothers. This is a hard rule, not a bias. In practice, many fathers ask for their first consultation, 'My income is higher than hers, can I compete for it?' The answer is usually not based solely on income. The exceptions are concentrated in cases where the mother suffers from an incurable infectious disease or other serious illness, and the children are not suitable to live with her; The mother has the conditions to support but fails to fulfill the obligation of raising, while the father requests direct support; My mother was objectively unable to take care of due to being sentenced to long-term imprisonment for a crime, being forcibly isolated for drug rehabilitation, etc; And other situations where it is not appropriate to live with the mother. The court in Shenzhen is relatively cautious in determining "inappropriate", and simply stating that the other party works overtime and has a quick temper does not constitute an exception. We generally suggest that when a child is under two years old, instead of fighting for custody, the father should focus on visitation arrangements and child support calculations, first maintaining stable parent-child contact, and then discussing changes when the child is older. It should be noted that the evidence structure of each case is different, and the above caliber does not represent a commitment to the outcome of individual cases.

The age range of two to eight is the main battlefield, and the court is comparing 'who brings more and who is more stable'

The age range of two to eight years old is the most fiercely contested period for custody. The court will not abstractly compare who loves children more, but rather look at who has actually taken care of the children in the past few years: who picked them up and dropped them off at school, who held parent teacher meetings, who accompanied them to see a doctor, and who communicated with teachers. These traces are scattered in WeChat chat records, school registration forms, hospital medical records, and community certificates. Many dual income families in Shenzhen rely on the help of the elderly to take care of them. At this time, it is necessary to distinguish between "elderly assistance" and "parental support". The court will inquire about the elderly's physical condition and wishes, and intergenerational care is not a natural advantage. Of course, it depends on economic conditions, but only on whether basic living and education can be guaranteed, not who wins with a higher annual salary. If one party engages in gambling, drug use, domestic violence, long-term alcohol abuse, etc., it is a significant deduction item, and alarm records, warning letters, and injury photos can all be used. Article 1084 of the Civil Code also stipulates that if the parents of a child who has reached the age of two cannot reach an agreement on custody, the court shall make a judgment based on the specific circumstances of both parties and the principle that is most beneficial to the minor child. This principle falls into the jurisdiction of Shenzhen, where stability and continuity are highly valued - the child is already studying steadily in a certain area, and the court is usually unwilling to easily break it.

Children over the age of eight, their wishes are independent evidence, not mere formalities

When a child reaches the age of eight, the court should respect their true wishes. Note that 'should be respected' is not 'must be followed', but in practice, as long as the child expresses themselves clearly and is not clearly induced, the court is likely to adopt it. Judges in Shenzhen usually inquire about children individually, sometimes in court, sometimes in the mediation room, and parents are not present. Many parties may feel nervous when encountering it for the first time, and teaching their children how to speak in advance can easily lead to embarrassment. We generally recommend not rehearsing language, but preparing objective records of daily companionship to allow children to express themselves naturally. If one party engages in the act of snatching or hiding children, the court will be very resentful, which may directly affect the ownership of custody and may also result in reprimands and fines. In 2026, the overall scale of handling hiding behavior in various grassroots courts in Shenzhen will become stricter. Don't use children as bargaining chips.

The monthly income for child support is 20% to 30%, but "monthly income" does not equal the received salary

Article 49 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code (I) provides a standard: for those with fixed income, child support is generally paid at 20% to 30% of their monthly total income; For those who bear the burden of having two or more children, the proportion can be appropriately increased, but generally does not exceed 50% of the total monthly income. The 'monthly total income' here includes salary, bonuses, allowances, and subsidies, not basic salary, nor is it entirely based on the amount received. Many business owners, salespeople, and freelancers in Shenzhen have complex income structures. The court will comprehensively determine them based on bank statements, personal income tax records, and social security payment bases, and if necessary, refer to the average income of the same industry. For those without fixed income, the determination shall be based on the total income of the year or the average income of the same industry, with reference to the above ratio. Child support is generally paid until the child reaches the age of eighteen; Parents who are over 18 years old but still receiving high school education or below, or who have lost or partially lost their ability to work and cannot maintain a normal life, may still have to continue to bear the burden. Child support cannot be locked up immediately after being sentenced. If there are significant changes in prices, education and medical expenses, or if the payer's income increases or decreases significantly, they can be adjusted separately through litigation.

If you want to fight for custody, the earlier these types of evidence are fixed, the better

The first type is daily care traces: pick-up and drop off clock ins, parent group chats, payment vouchers, and signatures on vaccine books. The second category is residential and educational stability: property certificates or lease contracts, degree usage, and transfer records. The third category is unfavorable factors for the other party: alarm receipts, warning letters, administrative penalty decisions, and medical records. The fourth category is self-care ability: proof of income, tax records, and written explanations from parents who can assist in raising children. The fifth category is auxiliary materials for children's wishes, especially for those over the age of eight. When handling marriage and family cases, Shenzhen Zhiming Law Firm usually conducts a round of evidence list sorting before filing, filling in the notarized and adjustable records that can be supplemented first to avoid last-minute searches during court hearings. If you are also involved in property division, you can take a look along with it70% of divorce cases in Shenzhen involve property disputes, but the other party cannot leave. How to divide the 8 million yuan property?The issues of custody and property are often intertwined in negotiations, and the bargaining chips are interrelated. If the other party is determined to delay, another reference can be madeWhat should we do if 50000 couples in Shenzhen divorce every year and the other party stays together? Futian Lawyer DisassemblesRegarding the determination of premarital property,70% of divorce cases in Shenzhen involve property disputes, with nearly 8 million yuan of pre marital property almost being divided, lawyer reviewsThe ideas within can be compared. More marriage and family issues can be addressedHome page of this column (Marriage and Family Affairs)see.

The three easiest pitfalls to bury when writing custody clauses for divorce agreements

Divorce by agreement is fast, but the custody terms are not well written, resulting in more complications than the verdict. The first pitfall is that it only states' child support fee of X yuan per month ', without specifying the payment time, account, consequences of overdue payments, and adjustment mechanism. The second pitfall is that the visitation rights are written too vaguely, such as' visit at any time ', which is equivalent to not writing it. Once the other party does not cooperate, the execution is very passive. Suggest clearly stating the frequency, time period, pick-up and drop off location, how to allocate winter and summer vacations, and whether accommodation is available. The third pitfall is that the verbal agreement to 'give the house to the child' was not included in the agreement, or was written with conditions attached. After divorce, if one party reneges, the other party can only file a separate lawsuit, which is time-consuming and costly. The Civil Affairs Bureau in Shenzhen is not responsible for reviewing the substantive content of divorce agreements. We generally suggest that for cases involving real estate, large child support payments, and company equity, having a lawyer review the text before a divorce agreement can often save tens of thousands of yuan in litigation fees. Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) has experience in handling marriage and family cases in courts in Futian, Nanshan, and Bao'an, and is familiar with local judicial standards.

Changing custody is not something that can be changed at will, it requires presenting a 'significant change in circumstances'

After the judgment or agreement is completed, can it still be changed? Yes, but the threshold is not low. The common path is: one party living with their children suffers from serious illness or disability and is unable to continue raising them; The party fails to fulfill their child rearing obligations, abuses their children, or has a negative impact on their physical and mental health; Children who have reached the age of eight are willing to live with the other party and the other party has the ability to support them; Other legitimate reasons. The lawsuit of change is under the jurisdiction of the court where the defendant resides, and Shenzhen is generally the grassroots court where the defendant is located. In practice, it is difficult to win just by saying 'I have a high income now', and the court places more emphasis on whether the child's current living conditions have been disrupted. The party who wants to change should start fixing evidence of their actual participation in care at least six months in advance, such as weekend pick-up and drop off, medical accompaniment, and school communication records. The litigation cycle usually takes three to six months, and complex cases are even longer. If you are struggling with whether or not to file this lawsuit, you can take a look firstA 20 million yuan old house in Shenzhen, disputed by siblings for over two years, with the property left by parentsThe cost of delaying family cases often exceeds the initial expectations of the parties involved. Lawyer Shen Jinlong's practice information can be found atLawyer Shen Jinlong's Introduction PageFound it.

The issue of custody is divided equally between emotions and legal provisions. Getting the evidence sorted out early is much more useful than arguing in court. Each family situation is different, and specific strategies should be determined based on the child's age, living situation, and the other party's attitude. This article does not constitute a commitment to the outcome of any individual case.

Lawyer Shen Jinlong (Shenzhen Zhiming Law Firm) specializes in marriage and family affairs, custody and property division, with a consultation hotline of 0755-25986969.

Disclaimer: The content of this article is a general sharing of legal knowledge and does not constitute a legal opinion or delegation relationship specific to a particular case. The judgment results of custody, child support, and property division are influenced by multiple factors such as evidence, location, and judge's discretion. Please consult a practicing lawyer based on your own situation before making a decision.