Shanghai court generally will follow the principles as below when deciding the child support in divorce case:

1. After divorce, the principle of raising children during the lactation period shall be based on living with nursing mothers.

2. Children under the age of two generally live with their mothers.The children may live with the father under any of the following circumstances:

(1) If the mother is suffering from a chronic infectious disease or other serious diseases, it is inappropriate for the child to live with.

(2) Where the mother doesn’t fulfill obligation of upbringing even if she has conditions, and the father requires the child to live with him;

(3) For other reasons, children really cannot live with their mothers.

3. It may be permitted If the parents agree that the children under two years of age live with the father and have no adverse effect on the healthy growth of the children.

4. For children over two years of age who are minors, both the father and the mother require to live with them. If one of the following circumstances occurs, priority may be given to:

(1) The party who has received sterilization operation or been infertile for other reasons;

(2) The party who it it longer time to live with the children and the change of living environment is obviously detrimental to the healthy growth of children;

(3) The party who has no child while the other party has other child;

(4) The party whom the children living with will be good for their healty, while the party is suffering from a chronic infectious disease or other serious diseases, or it has circumnstances which are detrimental to the healthy growth of children.

(5) Paternal and maternal child-rearing conditions are basically the same, both require the children to live with, but their children have been living with grandparents or maternal grandparents for many years, and grandparents or maternal grandparents demand and have the ability to help their children to take care of the grandchildren. It can be used as a priority condition for the children to live with the father or the mother;

(6) If there is disageement or argue between parents for the issue whether the minor children over ten years old live with the father or mother, the opinions of the children shall be considered;

(7) It may permitted when divroce, the party who is in jail or suffers from disease is willing to raise children and his/her parents are willing to support and the other party permits.However, the opinions of the children shall be heard if they are over ten years old;

(8) It shall be granted if parents negotiate to change the child support relations;

(9) When the biological father and the stepmother or the biological mother and the stepfather divorce, the stepfather or the stepmother who does not agree to continue to raise the stepchild, they shall still be supported by the biological parents;

(10) Prior to the enforcement of the Adoption Law of China, a husband or wife adopts children, and the other party had not opposed, and form the facts of the adoptive relationship with the children. After divorce, child support shall be borne by both parties; If a child adopted by a husband or wife who has always been opposed by the other party shall be supported by the adopter after divorce.