Unwed mothers also have the right to fight for custody of their children. If the child is under the age of two, it is generally preferred that the child live with the mother in order to protect the rights and interests of young children and women who have just given birth. However, if the child is over two years old, it will need to be assessed on a case-by-case basis for both parents. An unmarried mother can obtain custody of her children if she can prove that she is more suitable for direct custody of her children, such as having a legal and stable job and income, having stable housing conditions, and being able to take care of her children properly. At the same time, if the unmarried mother can persuade the other party to transfer the direct custody of the child to herself, the two parties can also clarify the custody of the child through an agreement. It is important to note that if the minor child has reached the age of eight, the law will take into account the opinion of the minor child.
Provisions].Article 1071 of the Civil Code of the People's Republic of China
Children born out of wedlock enjoy the same rights as children born in wedlock, and must not be harmed or discriminated against by any organization or individual.
A biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or an adult child who is unable to live independently.
Article 1084
The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or the mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. Where the parents fail to reach an agreement on the issue of custody for a child who has reached the age of two, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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