For every couple, divorce is not a good moment in life, especially when there are minor children. Sometimes during the divorce proceedings, former spouses once do not pay attention to the feelings and desires of the baby. For parents at these moments, only the collection of documents that are needed during a divorce is important. With whom the child remains, they are not particularly worried, hoping that everything will work out and be decided peacefully.
In most cases, if the spouses have a good, harmonious relationship, and they do not want to spoil them, the question of living the baby with a specific parent does not occur. Usually, divorce is difficult, but many couples manage to maintain good mutual understanding and periodically "share" their offspring.
In fact, not everyone is so simple. The question of who the children are left with when the parents divorce sometimes requires a court decision. This happens if the couple has two or more babies. In the case of one child, such a question can be resolved peacefully and calmly.
How to say about divorce
During the divorce proceedings, each of the spouses suffers in their own way: someone does not need this at all, and someone simply does not want to mess with papers and documents. Despite the feelings of the couple, divorce has a stronger effect on children, because they do not want and do not want to see one of the parents a couple of times a week.
Usually it happens that the couple is not able to divide the child among themselves, so they force him to choose. According to statistics, during a divorce, children remain with their mother, this happens so often, in addition, many fathers take it for granted and do not worry about raising their baby, dumping all the responsibilities of caring for their former spouse.
The child stays with dad: probability
Sometimes the court decides to leave the baby with dad. Such cases are quite rare, only 5-7% for disputes. Lawyers identified 2 reasons why the court accepts the maternal side:
- many civil judges are women, and the concept of motherhood is close to them;
- men are not too eager to live together with their child, because they understand that they must assume all the responsibilities for care and education.
Usually, children remain with their father after a divorce only when the pope is well-off and insists on sole parenting. In such cases, the nanny and the hired staff deal with the child, and the father makes money.
Mutual division of children
Of course, it is better for parents to forget all insults, feelings, fears and start joint, fair negotiations, on which the issue of the future fate of the joint child will be resolved. If everything goes smoothly, spouses can protect the baby from scandals and tantrums, which at a young age will not lead to anything good. The drawn up agreement will help to decide during the divorce with whom the child remains, as well as speed up the divorce process and concentrate on the problems that arose.
According to existing legislation, the contract should clearly state:
- address at which the child will live after the divorce;
- responsibilities for the care and education of each of the parents;
- distribution of money for the maintenance of the baby;
- the number of meetings the other spouse has with the baby.
No agreement between parents - how to be
If the couple cannot agree on who the child remains after the divorce, they will have to resort to a court decision. According to the rules, it is necessary to file a lawsuit in a district court proceeding from one of the parents. An application may be filed simultaneously with or separately from the divorce case.
What you need to indicate in the lawsuit when writing:
- name of the judicial organization;
- Name, address of both the plaintiff and the defendant;
- Name of children, date of birth;
- the essence and grounds on which the application is submitted;
- list of documents attached to the claim, signature, date.
In order for the child to remain with his mother or father after the divorce, the application must indicate the reasons why the court should give preference to you. Such reasons may include financial insolvency of one of the parents, inappropriate attitude towards the child during cohabitation, alcohol or drug addiction.
When children are given the right to vote
Sometimes at a court session the baby is given the opportunity to choose the one with whom he wants to stay, but only if he is already 10 years old. The question of who the child is left with after the divorce of the parents requires a responsible approach, therefore, sometimes the court reserves the right to decide even if this is contrary to the wishes of the children.
Such decisions are made at a meeting is not easy, because the baby can say one thing, but in order to protect minors and provide good conditions for education and residence, you need to say completely different.
What is the focus of a divorce? With whom the child remains depends on how much each of the parents is ready to give everything and a little more so that his child remains with him. If both are determined, have good enough conditions for education, love their baby and wish to be with him, the decision will not be easy.
During a meeting, the court primarily protects the rights of minor citizens, that is, children. In other words, the judge must understand who the child is left with after the divorce and where the baby will feel better: mom or dad.
Child age
This factor is the first in a divorce. Who the young child is left with depends on the lawsuit in the divorce proceedings. If the divorce comes from a woman who has a breast-fed baby or is under 5 years old, it is clear that the court will leave the baby with her mother. If the baby is older and the lawsuit came from the father, a decision can be made in favor of the man. If the child is barely 10 years old, and he wants to stay with his mother, who does not work anywhere, is abusing alcohol, then the court will not listen to this opinion and will take the opposite side. If the child is already an adult - 15-17 years old, the court fully takes into account his opinion, since adolescents at this age can adequately assess the situation and determine the place where it will really be easier for them to live.
Child affection
Quite often you can meet a situation where a child is strongly attached to one of the parents, regardless of his attitude, way of life, moral principles and principles. This state of affairs may be due to the fact that for a long time the baby lived with his mom or dad, so he feels the need for this person. Sometimes in such cases, it is worth the help of experts and psychologists who help children understand that with a certain family member he will be much better.
Morality
An important factor in divorce. Who the child is with depends on how well the person who has filed a lawsuit and claims to be brought up corresponds to social principles and principles. Children learn from the example of their parents, so the court must take into account what the plaintiff and defendant can give him, how they lead the right way of life, what the child will learn from mom and dad, and whether they will have a negative impact on him. For example, if one of the spouses had a criminal record, abused alcohol or drugs in the past, or has such such habits now, leads or led an immoral life with constant drinking and partying, is not at work - then it’s obviously not worth giving the child to such a person, since he won’t learn good there.
Comfort
Who the children are left with when the parents divorce also depends on the comfort of the housing offered, the creation of favorable living conditions, and the salary of each spouse. Factors for which a decision is made include material support, the availability of an apartment, marital status and health. If one of the parents has a good salary, but does not have enough time to play sports with the child, to participate in his upbringing, then a decision in his favor cannot be made. Also, if one of the spouses has a new husband or wife, a decision can be made in their favor, since material support is sufficient, plus there is always someone at home who will take lessons with the child and take him to classes.
Decision is made
After making a decision, it is very important not to miss your chance, that is, when appointing you as the legal guardian, you need to be careful about the child, as well as regular meetings with the other parent. The last paragraph requires mandatory execution, otherwise the spouse will receive another lawsuit regarding the fact that he also has the right to meet, and the previous decision will be reviewed.