Child custody in China
In China after a divorce both parents remain the child's parents, a child under two normally stays with the mother, and a child of eight or over has a say.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Both parents have the right and duty to raise and protect the child.
If the parents are not married
A child born outside marriage has the same rights as a child born in marriage, and the parents have the same rights and duties.
The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.
After a divorce or separation
After divorce, the parents remain the child's parents. A child under two is normally raised by the mother. For other children the parents agree who raises the child, and if they cannot, the court decides in the child's interests.
What the child can say
A child of eight or over has a say in the decision, and the court respects the child's true wishes.
Moving house or moving abroad with the child
Mainland China is not covered by the Hague Child Abduction Convention, which applies only to Hong Kong and Macao.
If the parents live in different countries
China is not in force under the 1980 Hague Child Abduction Convention, so there is no treaty route to ask for a child to be returned. Local advice is essential.
Understand the legal system first
China belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the China legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in China? →
Official sources
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
