The relationship between parents and children is not extinguished by the parents' divorce. After divorce, children remain the children of both parents regardless of which parent has direct custody.

After divorce, children under the age of two shall, as a general principle, be directly raised by the mother. For children over two, if the parents cannot agree on custody, the people's court shall rule based on the specific circumstances of both parties and the principle of the best interests of the minor child. The genuine wishes of a child over eight years old shall be respected.

父母与子女间的关系，不因父母离婚而消除。离婚后，子女无论由父或者母直接抚养，仍是父母双方的子女。

离婚后，不满两周岁的子女，以由母亲直接抚养为原则。已满两周岁的子女，父母双方对抚养问题协议不成的，由人民法院根据双方的具体情况，按照最有利于未成年子女的原则判决。子女已满八周岁的，应当尊重其真实意愿。