How to keep the child after divorce
Children in a divorce
The issue of the residence of a minor child after divorce of parents is one of the most acute in divorce cases. Under the law, determining the place of residence of a child of separated parents should come to the common opinion and to Express it in the agreement. But this does not happen always, a large number of similar disputes settled by the courts. The court must consider the interests of children, the possibility for parents and desires and those of others.
Until recently, all these disputes by and large no point had. When stated in the legislation the equality of rights of both parents the majority of cases on the determination of the place of residence of the minor child after the divorce was decided in favor of the mother. And to prove anything there was no need, it was thought that raising children is too much for father’s burden, which take on it is possible in some extreme cases, only if there is no other option.
Basically when you divorce, the children remain under the court decision with his mother. Statistics show that in Russian families after a divorce, the children remain with the father only in 5% of cases. Children can stay with the father after divorce only in the most critical situations! For example, if the mother is not fulfilling their parental responsibilities. Less important reasons for which the court may still take the side of the father, and to leave the children with him after the divorce – great financial difficulties of the mother or her strong employment. The court compares the material wealth of both parents and their own living space. It is worth noting that these reasons are not always winning.
The child can leave with his father . if the court does conclude that the mother improperly raising a child is leave him unattended or uses violence. This fact requires proof.
If the child has reached the age of reason, the court will assess to which of the parents it is more tied. Sometimes it happens that the child is more attached to her father than to her mother. Still, do not forget that no one is to replace the child’s mother. Maternal education is particularly important if the child is still small.
Unfortunately, after the divorce, communication is one of the parents with children that much more difficult, it is objective. Especially if there is a conflict between the former spouses and there is a counteraction of one of them. Sometimes the time and place of communication with children have to be cleared through the courts. It also happens, that would determine the place of residence of the child (Ren) after divorce need to go to court.
Have to comply with many different urban conditions of the guardianship, which must first of all take into account the interests of the child, but they are not always fairly assess the situation. The same applies to court – all working people, who often take the path of least resistance. And it’s not always correspond to the interests of children in divorce, if you look at the situation objectively.
The provisions of the Family code, namely article 65 of the IC of Russia defined the criteria by which the court determines with which parent to leave the child . In the absence of agreement, the dispute between the parents is settled by the court based on the interests of children and considering their opinions.
The court shall consider:
the attachment of the child to each parent, brothers and sisters;
the age of the child;
moral and other personal qualities of the parents;
the relationship existing between each parent and the child;
the ability to create the conditions for child development and education (occupation, mode of operation of parents, material and marital status of parents, etc.).
It is the opinion of the child, as per article 57 of the Family code, the child shall have the right to Express their opinion in the decision in the family of any matter affecting his interests, but also to be heard in any judicial and administrative proceedings.
Do not despair, if the court has not taken Your side. In time, this decision can be appealed, which means another chance!