Because both men and women have not received a marriage certificate, there is no marriage relationship between them in law, just a common love cohabitation relationship, that is, there is no divorce between men and women. If men and women want to separate now, they can separate directly. It is also free to marry anyone, and the legal marriage relationship will not be recognized because both men and women have hosted a banquet or held a wedding ceremony.
The custody of children is generally settled by both men and women through negotiation. If the two parties can't settle the case through negotiation, the court will make a judgment according to the conditions of support, education background, age of children and whether there are special circumstances that are not suitable for both men and women to raise children. Specifically, the court will comprehensively consider the working hours, economic income, housing conditions, time spent with children, whether family members can help take care of children together, educational background and other information of both men and women. The special situation here refers to one party's long-term domestic violence, abandonment and abuse of children, or its own drug abuse and gambling habits and persistent indoctrination.