Divorce is a tragedy for all family members. But even worse is what happens next, namely litigation over children. As a rule, the court takes the side of the mother in this matter. And we will consider how to leave a child with a father in a divorce. Sometimes men are ready to fight for their offspring, but they don’t understand what to do. You need to study the laws to realize your benefits.
By the way, the following material will also be useful to mothers. They often need to confront the relatives of the other side, who are figuring out how to leave the child with his father in a divorce. Grandparents are quite understandable and very assertive in this matter. The daughter-in-law is not sorry - there is another one, but I do not want to part with my grandchildren.
Legal grounds
In family law, parents are not prioritized. And it is quite justified. Children need both: both mom and dad. Therefore, when deciding who the child will live with, all the details are clarified, the slightest nuances are taken into account. Of course, it is advisable to reach an agreement without going to court. Parents should understand that they injure their heirs, and so suffer because of their divorce. Nevertheless, sometimes the matter cannot be amicably resolved. People who are considering how to leave a child with their father in a divorce need to know several factors that influence the opinion of the court. They relate to maternal health and behavior. Having proved that she will not be able to adequately perform parental responsibilities, you can win a lawsuit. Keep in mind that any of the factors will have to prove. Moreover, the opposing side will bring its arguments, therefore, a gross lie is unacceptable, because it will immediately be revealed. You should carefully choose the arguments in favor of your position, confirming them with the provisions of the law.
Evidence for trial
You are facing a difficult task: to explain to people who subconsciously stand on the side of mother that she cannot take care of the baby. It must be understood that judges are also ordinary people with their own family histories. They, as a rule, will support the mother, and not solve your problem, like leaving a child with a father in a divorce. They must be convinced. There are a number of classic arguments for this. The court will be more favorable to the opinion of the father if the mother suffers:
- alcohol or drug addiction;
- mental disorders;
- aggressive manifestations against offspring.
Each of these factors must be proved. Do not rely on words - documents act on the court much more efficiently. Let's examine each element separately.
Drug addiction
This is the most commonly used argument. But not everyone understands correctly how to use it. Any addiction is considered an ailment. Doctors are engaged in its identification. If the wife suffers from drug addiction or alcoholism, it is necessary that she undergo an examination. There will be few stories about what a woman is doing, although testimonies will benefit the case (as additional arguments). But first of all, we repeat, a certificate from a medical institution is needed. A healthy woman will calmly go through all the procedures, as she is confident in herself. And if he starts to resist, it is recommended to raise the issue at the court session, so that the latter forces his mother to go to the hospital. She will not be able to evade. Probably, such tactics will completely solve the matter, and it will no longer be necessary to figure out how to leave the child with his father in a divorce.
Mental illness
In legal practice, this argument is even more common. Conscientious fathers do not want to leave children with insane mothers, taking care of the life of their offspring. To prove abnormality will be the same as bad addiction. That is, it is necessary to provide documentary evidence to the court. If a woman has been treated, then a copy of the conclusions should be asked at the facility. By the way, in case of a serious illness, get the doctor’s testimony, the court will carefully listen to those. If the ex-spouse does not want to go to the hospital, then boldly raise the issue at the meeting. It is advisable to reinforce your point of view with oaths of those with whom you spoke, for example, close relatives. The court will oblige the woman to undergo examination, and so you get the desired conclusion.
Aggressive behavior
In practice, this argument is rarely used. The fact is that evidence is difficult and troublesome to pick up. It would be best to get a doctor’s conclusion that the mother harms the physical or mental health of the child. Then the court will not have a question at all who gets the child during the divorce. He will choose a parent who takes care of the offspring. If it is impossible to obtain a medical report, witnesses are involved. However, it should be noted that the mother will lead those who will confirm her point of view. If you decide to use this argument, then you cannot do without professional help. Go to a consultation with an experienced lawyer, let them tell you exactly how to collect evidence.
Other arguments
Do you know what is most important when planning how to leave a child with a father after a divorce? True. It must be understood that the court must hear as a witness the one whose fate you are fighting for. The child's opinion in such processes is not just taken into account, but is the main one. If the offspring has already celebrated his fourteenth birthday, then the court will take his side under any circumstances, except for the most difficult. But the opinions of younger children are necessarily taken into account. Sometimes in practice, to prove the impossibility of the fulfillment of parental responsibilities by the mother, her poor material security and excessive employment are used. For confirmation, you need certificates of income, the availability of your own housing and others. The court will take them into account, but not as the main ones. It is also desirable to secure the desire of the child to live with his father.
Additional factors in your favor
Do not assume that in this lawsuit the man has no support. There are state bodies whose task is to protect the rights of children. Go to the experts and talk. By the way, this body, if necessary, establishes the rules and regime in which fathers and children meet after a divorce . It is required for mother and other relatives. The court respects the opinion of a specialist. Go to government officials, no matter how strange it sounds. Talk, explain, listen to advice. If they take your side in litigation, it will be difficult for the court to resist a reasoned opinion. Good luck.