Direct custody (直接抚养) is how Chinese law describes what other systems call physical or residential custody. Article 1084 of the PRC Civil Code confirms that divorce does not end the parent-child relationship: both parents remain the child's parents with rights and duties. The question the court decides is which parent will "directly raise" the child. A child under two should in principle live with the mother; for a child aged eight or older, the court must respect the child's true wishes; in other cases the court decides according to the child's best interests.
Why it matters
Custody is often the most emotional issue in a divorce, and for international families it also decides which country the child will grow up in. Courts typically look at who has been the primary carer, each parent's living conditions, work schedule, health and conduct, the stability of the child's schooling and home, and support from grandparents. Joint or alternating arrangements are increasingly accepted in practice where the parents agree. Interpretation II (2025) also addresses parents who hide or snatch a child, which courts can take into account against that parent.
How it works in practice
A Dutch father and Chinese mother separated in Guangzhou with a six-year-old son. The father had been the main carer for two years while the mother worked long hours. He gathered school records, photos and teacher statements; the mother wanted to relocate with the boy to her home city. The court gave direct custody to the father, with generous visitation for the mother, noting the child's settled schooling.
Common mistakes
- Assuming the mother automatically gets custody of older children
- Taking the child away or hiding them to gain leverage; this can backfire
- Ignoring the evidence of day-to-day caregiving that courts value
- Coaching a child aged eight or older; judges can usually tell
- Forgetting to address travel, passports and relocation in custody terms