Both husband and wife are unemployed and have a 5 year old child, what will happen to the children i

Seriously. The basis of the court is this, it depends on how old the child is, if the child is breastfeeding, it is awarded to the woman, if it is past the lactation period, then it depends on which of you has better conditions, whose living conditions and educational environment are better, then it is awarded to whom, if the child has the ability to think, it depends on the child's own wishes.

In a situation like what you said, it's very simple, you take evidence to prove that the man's life is very bad, as long as you have evidence to prove that your conditions are better, and the child is more suitable to follow you, then the court will award it to you, of course, there must be evidence, otherwise there is no evidence, and the man will say the same, right.

The child shall be negotiated by both parties, and if the negotiation fails, the people's court shall make a judgment from the perspective of being conducive to the healthy growth and education of the child, and comprehensively considering the ability of both parties to raise them.

One parent is raising the child and the other parent needs to pay child support.

Whichever side of the growth environment is good for the child, it will be judged.

It's a shame that they don't work...How hard is it to get a job? The good and the bad should also be done, and even if you don't have this sense of responsibility, you still learn from others to get married and have children? It's simply not a matter of opinion.

Regardless of which side the child is awarded to, the other side will have to pay child support until the child reaches adulthood. Otherwise, it is illegal.

Divorced husband and wife have children five years old boy, both men and women have jobs, and the man has a better income and family than the woman, examples: 1Due to the busy work of both men and women, the man's parents have been taking care of the children (the woman's parents are in the countryside and cannot take care of them),2.

Men earn twice as much as women, providing a better living environment and learning conditions,3The man has a house and the woman does not. Who will the child be awarded to?

From the perspective of being conducive to the child's growth, the two parties can negotiate to settle the matter, and if the negotiation fails, the court may sue for a judgment.

Marriage Law of the People's Republic of China.

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Generally, it will be awarded to the man, which is conducive to the child's growth, unless the woman has the financial strength to support it. If the child has his own wishes, his choice should also be respected.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income.

If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child. The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one of the parties does not agree, then the divorce should be filed in the court where the defendant is domiciled, or in the court where the defendant has lived for more than one year, usually 6 months in the first instance and 3 months in the second instance. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Gods and horses are all floating clouds, and there is wood and !! to ask about feelings

Marriage is risky, and divorce should be done with caution.

The law does not bind the child voluntarily with his or her father.

If there is no prenuptial registration, the property is considered to be jointly owned and divided equally.

Generally, it will be awarded to the party who can afford it, but girls are more likely to be awarded to their mothers.

The property will be divided among the spouses with children.

Of course, it is awarded to you, because the other party has no ability to raise them.

The two of you want to separate, and you can't get divorced without a marriage certificate, which means that you are not legally married at all. As for the custody of the daughter, this can be resorted to law. Usually the court will make custody decisions in favor of the child.

The other parent who does not directly support the child is required to pay child support.

Paragraph 2 of Article 25 of the Marriage Law stipulates: "A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living expenses and education expenses until the child is able to live independently." It can be seen that the legitimate rights and interests of children born out of wedlock are protected by law.

If a child born out of wedlock is raised by the mother, the biological father shall be responsible for some or all of the child's maintenance, which may be paid in a lump sum or in instalments.

The lawsuit is filed, and then the court awards to the party that the court "thinks" (you know) can afford to support, and the other party pays the living expenses. Of course, you can also provide evidence that the other party is unable to support you, and you can do it yourself.

Hello, if you really want to divorce, you need to prepare two copies of the complaint, the original marriage certificate, ID card and photocopy, and litigation fees, and go to the people's court where the defendant's household registration or habitual residence is located to file a divorce lawsuit.

After the trial, the court will decide whether to grant the divorce based on whether the relationship between the husband and wife has broken down.

At the same time, under normal circumstances, the personal property before marriage shall be owned by each individual, and the joint property shall be divided according to law after marriage.

Article 46 of the Marriage Law stipulates that if a divorce is caused by any of the following circumstances, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

According to the provisions of the law, the court may only support the claim for compensation filed by the non-at-fault party if the party at fault has the above-mentioned statutory circumstances.

Moral Damage Fee:

Compensation for moral damages in divorce refers to the fact that due to the fault of one of the spouses, such as adultery, concubinage, bigamy, abandonment, abuse or the behavior of the spouse, causing mental pain and inner trauma to the innocent party, resulting in the breakdown of the marital relationship and divorce, the innocent party has the right to claim compensation from the wrongful party for the moral damage suffered. The implementation of moral damages at the time of divorce enables the party at fault to receive economic sanctions, and the party not at fault to receive economic compensation and spiritual comfort, which is conducive to effectively safeguarding the legitimate rights and interests of the party not at fault.

In the absence of the above, the court will not uphold the costs.

Grasp the evidence in his favor, you can't talk about it, you can just write the facts, if he doesn't agree, he will stay away from the country for three years and don't see each other again, and he will automatically divorce if he is not particularly bad and can change his mentality

Priority may be given to minor children over the age of two who both parties request to live with them in any of the following circumstances:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) Children live with them, which is beneficial to their growth.

Article 37 of the Marriage Law stipulates that, after divorce, if one party raises a child, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

If the other party refuses to pay child support, he can apply to the court for enforcement.

In the case of divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority or the civil affairs department where either party is registered to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; It can be done on the same day.

In the case of a litigated divorce, one party may file a lawsuit unilaterally in the court where the defendant is domiciled, or in the court where the defendant is not registered but has resided for more than one year. If there is no major dispute, the summary procedure will be applied, which will generally be completed in about 3 months, and if the case is more complicated, it will be transferred to the ordinary procedure, which will be completed in about 6 months.

Article 32 of the Marriage Act stipulates that a divorce shall be granted if the relationship has indeed broken down and mediation fails.

If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as: bigamy or cohabitation of a spouse with another person, domestic violence, gambling, drug abuse, separation for two years due to emotional discord, etc., resulting in the breakdown of the relationship between the husband and wife, if there is such evidence, the court will generally grant a divorce, if there is no such evidence, the court will not grant a divorce, and the prosecution can only file a lawsuit after 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce.

Go to the Public Security Bureau to help find her.

The court sues for divorce, the notice is served, and the judgment is rendered in absentia.