How to take a child from your wife during a divorce: what the court takes into account when making a decision. How to sue a child from your wife - a practical guide How to take children from your wife after a divorce

Currently in Russia, for every nine women raising children on their own, there is one man who, after a divorce, is raising a child.

As a rule, courts in Russia reserve the right to raise children to the mother, and not every father will want to take responsibility for the maintenance and development of the child. In most cases, participation in raising a child is often limited to paying child support.

But it is not uncommon for fathers to take measures to sue their child from their ex-wife. In some circumstances, the decision on the place of residence of a young child is influenced by personal principles or emotions.

But from the point of view of the law, there are several reasons that may influence the court’s decision regarding the place of residence of a minor after a divorce.

The court may entrust the upbringing of the child to the other parent if: the mother abuses alcohol or drugs, she has been diagnosed with a mental illness, she causes the child physical and mental suffering, leads an immoral lifestyle, the child is often left unattended. And also if the mother does not work and experiences financial difficulties or she often goes on business trips.

These facts will become evidence only if they are confirmed by documents or testimony of witnesses. Under other circumstances, it is almost impossible to sue a child from your ex-wife. If the child has not reached the age of five, the father has very little chance.

As a rule, after a divorce, the child lives with the mother. If the former spouses have not reached agreement on the issue of with whom the minor will live, the dispute is resolved in court with the participation of guardianship officials.

Not only the attitude of the parents to the performance of duties will be taken into account, but also the psychological situation in the family, the personal attachment of the child to the parent, the mental and physical health of the former spouses and a number of other circumstances that are of no small importance for making the right judicial decision.

Resolving the issue of determining the permanent place of residence of a minor in court is a long and complex process.

It is necessary to competently prepare a statement of claim, which must include a requirement to resolve the issue of the minor child’s place of residence with his father, as well as to collect alimony for his maintenance.

You should also prepare a reasonable and convincing evidence base for the court, containing only reliable facts, and invite witnesses.

The statement of claim must contain the following information:

Name of the judicial authority;
Last name, first name, patronymic, residential address, contact details of the plaintiff and defendant;
Last name, first name, patronymic of the minor, date of birth, address;
Facts confirming the need to determine the place of residence of the child with the father;
Evidence base;
Legal norms confirming the validity and legality of the plaintiff’s claims;
Applications.

The main demands of the plaintiff will be: resolving the issue of determining the place of residence of the minor, collecting alimony for the maintenance of the child, establishing a procedure for communication between the second parent and the child.

The father must convince the court that he can raise the child, he has sufficient financial resources and is ready to take an active part in his life.

If the claim is based on the negative qualities of the ex-wife, then as evidence you can present characterizing material from the place of work, the police and guardianship authorities, correctional institutions, medical evidence of the presence of chronic diseases or a predisposition to mental disorders, or a tendency to alcoholism.

Evidence of an antisocial lifestyle will be provided by witness testimony. You can use information about whether your ex-wife has relatives who are prone to suicide, alcohol and drug addiction, or bad habits.

When preparing the evidence base, it should be taken into account that the judicial authorities have a negative attitude towards attempts to denigrate or slander the other party in order to put themselves in a more advantageous position. The court must determine which parent the child will be more comfortable with, based primarily on the interests of the minor.

It is strictly forbidden to behave defiantly, be rude or insult the defendant during a court hearing. The main thing is to provide convincing and truthful evidence for consideration. Only they will help satisfy the father’s demands and determine the minor’s place of residence.

Questions about determining the permanent place of residence of a minor child are considered in a city or district court in the presence of representatives of the guardianship authorities.

The statement of claim is filed with the judicial authority at the place of registration of the defendant. If the minor lives with his father at the time of filing the application, the application may be submitted at the father’s place of residence.

To establish some additional circumstances, you can invite a teacher or psychologist from an educational institution, or doctors.

To establish the child’s opinion about who he wants to live with, a conversation will be organized and conducted not in the courtroom, but in a calm atmosphere, without exerting pressure from the parties. The opinion of a child who has reached the age of 10 will be taken into account if the court is in doubt about which parent to give preference to.

How to take a child from your wife if she drinks?

We must not forget that for family law, the interests of a young child are a priority. You should ask his opinion about what he thinks about his parents’ divorce and whether he is ready to move to live permanently with his father.

To collect evidence of alcohol abuse by your ex-wife, you should write a statement to the guardianship authorities, in which you must indicate that the mother leads an antisocial lifestyle and does not pay due attention to upbringing. In this case, the family will be monitored and all violations will be recorded in a protocol or report.

For review at the court hearing, all available evidence should be provided: witness testimony, acts and protocols of the guardianship and trusteeship authorities.

The guardianship authorities will be on the father’s side if he systematically files complaints about his ex-wife’s alcohol abuse. The court's decision may be influenced by a pre-prepared conclusion from a psychologist.

How to sue a child from your wife if there are two of them?

There are several points of view on the problem of determining the place of residence of two minor children after the divorce of their parents. It is believed that children cannot be separated under any circumstances.

One of the parents must be involved in their upbringing. Others believe that parents bear equal responsibility for each child after a divorce, which means they need to divide the children. Neither of these positions is correct.

Firstly, children cannot be separated under any circumstances. This is not property. Secondly, in a family, brothers and sisters may not have psychological closeness, especially if they are teenagers or the children have a significant age difference. You should not force minors to communicate with each other, as this can lead to the opposite result.

Each child is an individual, so children should not be perceived as a single whole. It is necessary to approach the issue individually, based on their personal interests. The presence of psychological closeness and common interests should be taken into account. The court also takes into account gender, but it is not the main one.

The court will take into account all the characteristics of a particular family. For this purpose, an independent commission will be created, which will include qualified teachers and psychologists. It will take into account not only the financial situation of the parents, but also the psychological situation in the family, the needs of the minor and his personality. Only this will help resolve the issue in his interests.

Judicial practice on leaving a child with the father during a divorce

As judicial practice shows, it is possible to resolve the issue of determining permanent residence in favor of the father if he leads a decent lifestyle.

If both parents behave in a manner worthy of the child living with them and are financially secure, then it will be quite difficult for the court to make a choice. In this case, the side of the spouse will be accepted, who can create more comfortable conditions for the child and ensure his comprehensive development.

For a long time, resolving the issue in favor of the father was possible if the mother had no means of subsistence at all.

But it should be borne in mind that the right of a minor to live with his mother is enshrined in the Declaration of the Rights of the Child. This right can be limited only if the mother does not provide proper moral and material conditions and the child does not have the opportunity to learn and develop.

To determine the place of residence of a minor child, the moral character of the parents and their ability to raise a worthy citizen will be decisive for the judicial authorities. For the court, the physical health of the spouses is important to ensure adequate care for the child.

The material well-being of parents is not the most important factor in determining the child’s permanent place of residence.

If the mother is experiencing some financial difficulties, but is taking all measures to improve her financial situation and employment, the court will not consider this a basis for removing the children.

The father cannot expect that his successful financial situation will be regarded as a determining factor. The court will take it into account when setting the amount of alimony. Having your own living space to raise a child is considered a significant fact.

To summarize, it is important to note that such an important issue should not be decided by the father under the influence of emotions. If the decision is made, you should discuss the problem with relatives and weigh all the arguments.

If a positive decision is made in favor of the ex-wife, you must always remember that we are talking about the interests of the child. It is better to find other opportunities to pay more attention to communication with the child, his upbringing and development.

Most often, after the divorce, the mother and father live separately. At the same time, parents inevitably face the question of who the child will live with. Until recently, in Russia such disputes were almost automatically resolved in favor of the mother. However, in recent years the situation has changed.

A financially wealthy father increasingly seeks to sue the child from the mother in a divorce, and in many cases he succeeds. Needless to say, not every mother is ready to calmly accept such a court decision. It is also common for the court to declare that the parents had reached an agreement regarding the child’s residence, after which the father kept the child with him and did not allow him to see his mother. What to do, how to sue the child from the father?

What influences a court decision?

A dispute between parents regarding the place of residence of a minor child after their divorce is settled in accordance with Article 161 of the Family Code of the Russian Federation. Such a dispute can be resolved with the involvement of the guardianship and trusteeship authority or through the court.

Factors influencing the court's decision are:

Attitudes of mother and father to parenting. If it is proven that the parent with whom the child lives is not sufficiently involved in the child, the court may rule in favor of the other parent.
Personal attachment of a child to a parent.
Child's age. According to the Family Code of the Russian Federation, from the age of ten, a child has the right to participate in resolving any family issues that affect his interests, as well as to be heard during court proceedings. His opinion must be taken into account, except in cases where it is contrary to his interests. After a child reaches the age of 14, he himself determines which parent he wants to live with.
The child's health status.
Other family circumstances of significant importance.

A child cannot be left with a parent who does not have an independent income, abuses alcohol or drugs, or leads an immoral lifestyle.

What actions should you take?

If a child, after a divorce, for some reason remains with his father, and the mother wants to return him, she has no choice but to file a lawsuit to determine the child’s place of residence, attaching certificates from work, drug treatment and psychoneurological dispensaries. An extract from the house register will also be useful. All these documents must confirm that the mother is able to provide adequate living conditions for the child. By contacting the guardianship and trusteeship authorities, you can receive their support in the form of an opinion on the mother’s living conditions. If necessary, you can involve a child psychologist, whose conclusion will also play a role in the trial.

It should be taken into account that the father can also demonstrate to the guardianship authorities his advantages as a parent: organize the child’s life, his leisure time, provide the guardianship authorities with saved tickets for children’s events, and record all the mother’s mistakes and shortcomings. All this, as a rule, is done in secret, and if the father's income is higher than that of the mother, he has every chance of winning the case, no matter how much the mother wants to return the child. The longer the father and child live together, the harder it will be to change anything. Such legal proceedings can last for years, undermining the strength of all parties and negatively impacting the child.

A competent family lawyer will help you collect all the documents and evidence necessary to make a decision in court in your favor. MCA "Yurcity" specialists are ready to provide you with qualified assistance in resolving this painful issue.

Over a fairly long period, the courts have developed an established practice of leaving the baby with the mother during a divorce. But more and more cases have begun to appear when a father expresses a desire to independently raise his offspring and wants to keep the children or one of them for himself. Therefore, a reasonable question arises: how to sue a child from a wife during a divorce? Let's find out in this article.

It has long been the case that it is a priori better for children to live with their mother, and for their father to pay child support accordingly and occasionally see them on weekends or holidays. And as a rule, children are left with their father only if, in the opinion of the court, the mother’s lifestyle is incorrect (abuse of alcohol, drug use, promiscuity, etc.) or she lacks the opportunity and desire to raise her child. Can a father sue a child from a girl who is normal, from the point of view of moral standards? Undoubtedly, but for this it is necessary to adhere to some recommendations, which will be discussed below.

According to Article 61 of the Family Code of the Russian Federation, both parents have the same rights to raise children, and also have the same responsibilities for their upbringing. The Family Code calls these rights and responsibilities parental rights. These rights are valid until the child reaches 18 years of age or gets married before reaching 18 years of age.

Based on the above, the husband has exactly the same rights as his wife, namely:

he can take part in raising his daughter or son;
see him without restrictions;
receive up-to-date information about your offspring (about his education, personal life, etc.).

What to do to leave the children to dad

How to sue a child from its mother if the family was quite prosperous? One of the most effective ways is when a father can agree with his mother that the child will live with him after the divorce.

When such an agreement is reached, it is necessary to draw up a written document about this and have it certified by a notary. After which, you can apply this document to the district court (provided there is no property or non-property dispute or if the amount of such a dispute does not exceed 50 thousand rubles). Why is this document necessary? Everything is quite prosaic; if it is present, the mother will not be able to “change her mind” and challenge the decision in court. Document is power!

Agreement on children - sample

However, the presence of a notarized document can be disputed, and for this reason we recommend entrusting its preparation to an experienced lawyer who will take into account all the intricacies of Russian legislation and you will be 100% confident in it.

But it is not always possible to reach an amicable agreement, and usually this issue has to be resolved in the district court.

Lack of agreement is not the end of the confrontation

So, it was not possible to come to an agreement with the wife and she insists that the child (children) will live with her. In this case, you need to tell the court about your demand and prove that the baby will be better off with his father. How to do it?

There are two options:

Indicate in the statement of claim your demand for the desire to keep the child with you (when the initiator of the divorce is the head of the family)
Make a counterclaim against your spouse (if the spouse is the defendant and the claim was brought forward by the wife)

Example: In 2016, citizen A.G. Smirnov decided to divorce his wife. Since they had a common child A.G. Smirnov wanted to personally take care of his upbringing. A reasonable question has arisen: how to sue a child from a wife during a divorce? Citizen A.G. Smirnov filed a statement of claim in the district court, where he indicated that in addition to the divorce, he was asking the court to leave his 8-year-old son with him. In addition to the package of documents, the following was presented:

original and copy of documents confirming his rights to own a two-room apartment in Orenburg;

an accounting certificate indicating his income for 2016;

approved regulations for working time at the place of his main work.

A month before submitting documents to the court, A.G. Smirnov contacted the guardianship authorities with a similar package of documents, after which he sent them an official request for the participation of a guardianship representative in the trial.

Additionally, A.G. Smirnov brought a colleague as a witness, who confirmed at the trial that A.G.’s wife. Smirnova abuses alcohol and has an alcohol addiction.

The court, taking into account all the circumstances of the case, made a decision to leave the child with the father.

In a specific example, the father had a serious argument - the mother’s alcohol abuse, but how to sue the child from the mother in the absence of such addictions?

The father may collect a large number of documents, including:

The court has the right to demand similar documents from the mother.

What does the court pay attention to?

The issue of establishing with whom the child will live is quite sensitive and it will not be possible to simply take the children away from the mother. Various points will be taken into account, and not the least important place here may be taken by the child himself.

For example, if a child has reached the age of 10, the court will take into account his opinion. And if he wants to live with his father, and there are no obstacles, such as low earnings, his father’s alcohol or drug addiction, or lack of living space, the court with a 90% probability will decide to transfer him to his father’s upbringing.

In addition, the judge pays attention to the following:

gender of the child (as a rule, male children stay with their father, and female children with their mother);
age (children of preschool age and age are almost always given to their mothers, except for the mother’s reluctance to raise them herself or the danger of the children being with her);
the child’s level of attachment to one or another parent;
personal qualities of both parents, their age, health, lifestyle, etc.;
other reasons.

In addition, when deciding how to sue a child from his wife during a divorce, it would be useful for the father to convince the court (documented) that there are serious disagreements with his wife or that she has selfish goals.

So, the reasons why a mother may want to keep her child are as follows:
the presence of the father of the family in a highly paid job, while the spouse does not work. Leaving a child with the mother in such a situation may be regarded by the court as her desire to collect a significant amount of alimony from her husband.
the presence of serious disagreements between spouses, and leaving the child with the mother is done “out of spite” in order to annoy one’s beloved

Example: During divorce proceedings due to her husband’s infidelity, citizen E.Yu. Bykova opposed the transfer of her son to her husband. In a telephone conversation with her husband, she told him that, in principle, she did not need the child, but she would not give it to him out of spite, in retaliation for his betrayal. This conversation was recorded on a tape recorder and presented to the court. Taking into account all the circumstances of the case, the court decided to transfer the child into the custody of the father.

Any little thing can play both a plus and a minus for the father in his desire to keep the baby with him. For example, the fact that the father is employed abroad and the opportunity to provide the child with a foreign education is considered by the court in favor of the father. Having a mother with a lover who may marry her in the future can also play both a positive and negative role. If a given person treats the child well, this is one thing, but if he is not very good and there is evidence of this, then it is completely different.

In what cases will the court side with the mother?

Undoubtedly, not all girls are bad mothers, and the court understands this very well. Therefore, it is worth understanding in what cases it will not be possible to ensure that the child stays with his dad.

So, if the mother did not work during the marriage, since the husband earned good money, this is not a real indicator. After a divorce, a capable girl is able to get a job, and having a grandmother, on the contrary, will be a plus, since while the mother is at work she will be able to look after the baby.

Negative characteristics of the father presented by the mother will also negatively affect the decision that the court makes. Therefore, you should not be rude to people with whom your child or spouse is in contact in one way or another (teachers at school, kindergarten teachers, salespeople in neighboring stores), since these people can be brought to court as witnesses.

The father’s bad habits and immoral lifestyle will also negatively affect the court’s decision.

Therefore, in order not to wonder in the future how to sue a child from your ex-wife, you should adhere to standard standards of behavior and not spoil relationships with others.

Documentation

To file a claim, the father will need to collect a package of documents, which includes:

original and copy of the birth certificate of the child or children
certificate f.10 documenting the fact of registration of the child in the residential premises
a document confirming the inspection of the living space by a specialist from the guardianship authorities (if spouses have different apartments, such a document is drawn up for each apartment)
certificates from psychoneurological and narcological dispensaries
document confirming income information
characteristics from the place of work
characterizing materials from other places (neighbors, interest club, etc.)

Usually, when spouses divorce, children remain to live with their mother.

The father has to be content with rare meetings with and pay child support on time.

According to a common point of view, a child can live with his father if the mother’s behavior is immoral, she does not express a desire to raise children, abuses alcohol, is susceptible to mental disorders, is deprived of income and, even worse, refuses them on her own.

Under other life circumstances, the father is unlikely to be able to take the child away through the highest judicial authority. But is it?

Maybe all this is general prejudice? Let's try to figure out how to take it from your wife during a divorce. , and in what cases is this possible.

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Reasons for litigation

Not every dad has the desire to live with his child after a divorce. Care, education, and comprehensive development are not a man’s occupation, according to most fathers; it is much easier to finance the needs of the baby and take care of his personal life.

Despite this, in judicial practice there are cases when the father wants to deprive him of cohabitation with his children.

Before we begin to consider this process, let us look in more detail at the reasons that motivate a father to take a child from his mother:

Parental feelings. Often, caring fathers experience the most sincere and warm feelings for their children. Fatherly love awakens in them the desire to guard and care for the child.
The desire to take revenge on the wife. As a rule, children in such situations play the last role; the father does not care about their interests, desires, and feelings. To take a child away means to take revenge, to annoy, to frighten, to make him suffer. Usually this behavior of the father is caused by resentment towards his wife, who initiated the divorce.
Child protection. If the mother has sunk to a marginal lifestyle, the safety of the children is in question. The child suffers not only mentally, but also physically. Under such circumstances, the children definitely stay with their dad.

There is no disputing the fact that it is better for children to stay with their mother, with the exception of certain cases.

A loving father will never break the supersensual connection between mother and child. After all, sincere love is possible even at a distance, especially when it comes to parental feelings.

However, anything can happen in life! If the father, just like the mother, does not want to be separated from the child, and intends to give him upbringing, education, physical development and intellectual growth, which the mother cannot do, the problem can be resolved in court.

Parental equality

How to sue a child from your wife and is it possible?

The normative legal act regulating family relations on the territory of the Russian Federation regulates the equality of rights of parents in the use of comprehensive methods aimed at shaping the child’s personality and communication with him after the divorce process.

At the same time, the Declaration of the Rights of Children states that imperfect children are not separated from their mother, but must live in love and care, be morally and financially secure. In addition, the child must develop comprehensively and receive a decent education.

In this case, if the father has the advantage of providing the child with all-round development, education and entertainment, the court makes a decision taking into account the interests of the child. Let's take a closer look at the process.

The rights of both parents of the baby based on family information:

Engage in raising a child.
Meet with the child on certain days (if the parents live separately).
Develop your baby mentally, physically and spiritually.
Receive information about his health, academic performance, offenses and praise.
Act as a representative of the interests of the child in the highest body of justice and other government agencies.

Based on this, being divorced, the father has the same rights as the mother and living separately, there are no barriers to participating in the life of the joint child.

Is it possible to take a child away from an unemployed parent through court?

How to sue a child from your wife during a divorce in Russia if she does not work? Quite a common question among successful fathers. However, when deciding to take a child away from an unemployed mother, the situation can be viewed from two sides:

The court will rule in favor if the mother does not work due to alcoholism, drug addiction or lack of internal moral standards, causing internal personality decay. If the mother has health, mental problems or a disability that does not allow her to find a job. All these factors, combined with financial instability, will negatively characterize the mother.
According to the court ruling, the child can stay with his mother if she has a positive influence on his upbringing, is involved in his physical and intellectual development, but was not employed due to the good earnings of her ex-husband. However, finding a job is in her plans; there are good job offers with high wages or additional income.

This means that whether the mother has a job is not a determining condition when making a court decision.

The main characteristics will be her moral qualities and spiritual values. That is, if the mother is capable, she will provide herself and the child with financial well-being, even at the expense of the father.

How to prepare for court? What does the highest body of justice take into account?

According to the law of the Russian Federation, the rights of the father and mother are equal, however, regulations cannot regulate the determination of which parent the child should remain with after a divorce. This issue is decided exclusively by the court.

The trial involves a detailed study of the life of the parents and their human characteristics, namely:

The moral character of both parents. Morality, character, mindset, peculiarities of life understanding and behavioral relationships with people - everything that can leave an imprint and change the child’s lifestyle and upbringing.
Financial situation of father and mother. Will they be able to provide the child with satisfactory financial support, decent, balanced nutrition, rest, etc.?
Physical and mental condition of the father and mother. Do the physical capabilities of parents allow them to take a direct part in the life of a child under 18 years of age and provide everything necessary for full development?
Emotional communication between a child and his parents. The court takes into account the child’s attachment to both parents and asks his opinion about living together with one of them.

Based on the above, a father who wants to take a child from a parent through the court must show the highest judicial authority the positive aspects of his personality:

Personal values. The father must provide himself with an impeccable reputation. Give up alcoholic drinks and, eliminate the tendency to revelry, reconsider your social circle, stop making scandals, being rude, and showing signs of violence. Avoid conflict and controversial situations. Give the impression of a respectable person at work, at home, among colleagues, friends, neighbors. Respectful towards elders and his wife. Show concern for the child.
Material security. Find a higher paying job or take up a part-time job. Takes care of improving living conditions.
Physical capabilities. Provide the court with a medical document confirming the absence of infectious or complex and chronic diseases.

If the child is over 10 years old, the court will definitely take into account his will to stay with him, so before turning to the highest body of justice, it is better to be sure that the daughter or son really wants this.

Fathers mistakenly believe that a child can be lured by beautiful and unusual gifts, candy, walks in the park or rides on “cool” rides.

After all, dad on weekends seems like a festive phenomenon to the baby - he is like a magical genie who is ready to fulfill any wishes.

It’s fun and interesting to be with him, which can’t be said about his mother, who instructs, educates and feeds him porridge.

However, the court decision will depend not only on the child’s admiration, but also on the actual manifestations of paternal care: the frequency of meetings with the child, participation in educational and physical development, treatment, and recovery.

An experienced psychologist can accurately determine how attached a child is to his parents.

Claim and list of documentation

The father, when drawing up the claim, indicates the following:

The name of the highest body of justice.
Information about yourself (plaintiff) and ex-wife (defendant), indicating your registration addresses and contact information.
Marriage certificate and court decision on its dissolution.
Complete information about the child.
The allegations and evidence that gave rise to the claim.
Legislation that the father reasonably relies on (links or printouts of laws and regulations).
State your requirements: consider the father’s housing for living together with the baby, oblige the mother to pay alimony, approve and determine the days for the child’s meetings with the mother.
List of additions (assessment of personal and business qualities from the spot, photos, videos, etc.).
Number, signature (as in a passport).

List of documents that will need to be attached to the claim:

Civil document confirming identity.
Documents on registration and dissolution of marriage.
Baby's birth certificate.
Documentary information about registration.
Salary certificate for 6 months.
Bank statements.
State aid paper (if any).
Housing characteristics act.
Documents for movable and immovable property.
Medical documents indicating the health status of the parents.
Characteristics from the place of work.
Other additional.

All submitted documents must indicate that the father complies with moral standards, is able to provide a comfortable life for the child and raise him.

If the reason for the trial was the mother's indecent behavior or poor health, then evidence will be required:

Medical certificates.
Written testimonials from neighbors, friends, kindergarten teachers, relatives, places of work, correctional institutions, etc.

Important to remember! Conduct in court must be decent. The highest law enforcement agency negatively perceives swearing, arguments and swearing at court hearings. You shouldn’t present yourself in a rosy light and darken your mother’s personality. For the court, only the interests of the child are important.

You can collect arguments and documentation yourself, but it is better to entrust it to an experienced and qualified lawyer.

The question of how to sue a child from a wife during a divorce is increasingly being asked by offended fathers. The feeling of revenge for wasted years in a joint marriage with his wife literally clouds his mind.

However, friendly and warm relations with the ex-wife will not cause mental trauma to the child and will contribute to normal upbringing and the formation of a respectable personality, even if living separately from the father.

Expert opinion of a lawyer

Unfortunately, in most cases, spouses divorcing their marriage act in a fit of resentment and try to punish their other half, whose family life has not been successful. Few parents think about their child’s feelings. But he has it the worst of all! The people most dear to him present the baby with a tough choice: is mom or dad more important to him? Therefore, before deciding to go to court with a claim to determine the place of residence of a child, you should think carefully about what is more important to you - to punish your failed life partner or the happiness of your own child.

You can “pick up” a child at any time, until he turns 18 years old. But it is important to remember that he has the right to express his opinion and it may differ from yours. According to the current family legislation of our country, the opinion of a child who has reached the age of 10 is necessarily taken into account by the court. This is indeed true, although the court may hear the opinion of a younger child. In any case, the decision will be made taking into account the rights and interests of the child, even if his opinion does not coincide with the judge’s verdict, because children do not always understand what is best for them. Nevertheless, each parent has the right to claim that the child remains to live with him.

When determining the child’s place of residence, the court takes into account in relation to each parent his: characteristics; health status; housing and material support; the degree of attachment of the child; attitude towards the other spouse; presence of a criminal record in the present or past, etc. If there is more than one child in the family, the degree of his attachment to his brothers and sisters is also taken into account. As a rule, the court does not separate children, even if they have different fathers or mothers. But there are exceptions to this rule. Each situation is considered individually.

If both parents of a child have an equal chance of leaving the child with one of them, the court determines which of them can give the child the best. A trial is a competition between the parties. Therefore, the more evidence one of the parties provides about their parental integrity, the greater the likelihood of winning the case. But, do not forget that the child’s place of residence can be changed at any time if the official guardian, after the trial, forgets about his duties and begins to fulfill them differently from what he promised to the court or to the detriment of the interests of the child.

How to sue your wife for a divorce is presented in the video:

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