Child Custody in China

Child Custody in China

Updated on Tuesday 19th April 2016

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Child-Custody-in-China.jpgMarriage institution in China is, like in any other country, affected by divorce. Chinese marriage law has a separate chapter on how a divorce is being granted. The law protects any children that may have resulted out of that marriage and, if you want to know more about child custody legislation, our law firm in China can offer further information. Child custody legislation is regulated by the 2001 Marriage Law of People’s Republic of China and by the 2009 General Principles of the Civil Law.  

Types of Child Custody in China 

According to the situation in which the divorce is taking place, the parents may choose from the following types of child custody:
joint custody,
shared custody,
split custody.

Chinese Custody Principles

According to the Chinese Marriage Law, even after the divorce, regardless of who is the parent who has received the custody, both parents will still have the “right and the duty” to educate the children. 
If, at the moment of the divorce, the child is an infant (under the age of 2), the custody will be given to the mother, because in this stage of life the mother is the primary caregiver. If the infant is older than 2 years old and the parents dispute over the custody, the Chinese authorities will give the custody to the parent who represents better the interests of the child. There is a series of variables upon which this decision is taken, and our lawyers in China can present an overview of this particular process. 
The parent who won’t be granted with the custody of the child will have to pay the expenses related to daily care and education of the child and the sum of money will be established by both parents. The child support is determined on the income of the parents and it usually represents 20-30% of the annual income. The obligation to pay the child support is suspended when the child reaches the age of 18. 
Also, the parents should reach an agreement on the visit schedule. In the situations when the parents can’t agree upon a matter, the Chinese court will take the decision, judging by the child’s best interest.  
A child can express if he or she wants to be in the custody of a certain parent after the age of 10, but you can find out more on the subject from our attorneys in China
If you need to learn more on this topic or you need legal representation, please contact our Chinese lawyers, who can offer you support on child custody in China


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