How to sue a child from your wife? If a family that has decided to divorce is raising one or more children, then when deciding to dissolve the marriage, the court, at the request of the interested party or on the basis of an agreement between the parents, determines the future place of residence of the son or daughter.
The stereotypes of our society are such that the child usually continues to be with the mother. However, not all representatives of the stronger sex want to put up with this. And then the question arises, how can a father take a child from a drinking mother and do it legally? At the same time, we should not forget about the interests of the children themselves.
In this article we will tell you everything a father needs to know in order to take his children into his care. In particular, you will find out whether it is possible to take the child away from the mother. Seven tips that bring practical benefits have also been prepared.
In this article:
Briefly about divorce and children
In legal language it is referred to as divorce. A husband and wife can separate in two ways.
If a couple does not have children and agrees to separate, then the easiest option is to contact the registry office. Then people will become free from family ties within one month.
You can get a divorce through the registry office if the couple also has children.
However, there must be good reasons for this:
- Incapacity of the second spouse.
- Declaring him missing.
- Imposing a sentence of imprisonment.
Naturally, each of these facts must be confirmed by a court decision.
But let's return to divorce in the presence of children. judicial procedure. To get a divorce, you need to apply to the magistrates court with a statement of claim for divorce. Read more about how to do this here.
Current legislation does not establish clear criteria for determining with whom children usually remain after a divorce.
It is believed that if the child is small, it will be easier for him to stay with his mother. Options are available for older children. Moreover, if the child is 10 years old, then his wishes regarding his future place of residence must be taken into account.
There is another option with an agreement on raising a child after a divorce. In it, his parents can agree not only with whom the children will stay and their place of residence.
Terms of the agreement on the procedure for communicating with the child:
- mutual participation in raising children;
- the order of meetings on weekends and holidays;
- the opportunity to spend time with the child during the holidays;
- material support, financing of education, recreation, treatment.
If such a document exists, the court takes into account its content when preparing the final text of its decision.
Parents' rights after divorce
Despite the legal termination family relations, the rights of each parent to their children are retained in full. As part of the topic raised in the title, we will look at what rights remain for children.
So here is their main list:
- The right to participate in the child’s life, his upbringing, visits, financial support.
- The right to receive subsidies and other types of support due to parents from the state or local authorities.
- The right to alimony in case of old age.
In addition, in the event of the death of a child, his father (even a divorced one) will be included in the circle of priority heirs. The exception is the deprivation of parental rights during the life of the father. And if he manages to renew them, then the possibility of registering an inheritance will remain.
At the same time, deprivation of parental rights does not relieve a person from child support obligations.
Is it possible to sue a child from its mother?
I want to take my children away from their mother, what should I do?
Get a general idea of how to sue children from drinking wife when getting a divorce in Russia, you can use the domestic Family Code.
Chapters 4 and 12 deserve special attention. They describe the general procedure for ending a marriage (including the fate of the child) and the rights of parents in relation to children.
So, one of the reasons is the favorable living conditions that the father can provide. In this case, the maximum package of documents confirming these circumstances should be attached to the statement of claim or counterclaim.
Evidence for court:
- Income certificates.
- Copies of tax returns (if the ex-spouse is self-employed).
- Availability of savings in banks.
- Securities and shares.
You should also familiarize the judge with information about the availability of real estate, a car, and other property.
It may happen simultaneously with the resolution of the issue of his parents’ divorce.
However, this issue may become the subject of a counterclaim in the case where the wife was the first to go to court. Then the judge will rule on two statements general solution.
It often happens that in the claim the spouse initially does not raise the issue of the children’s place of residence. In the claim for divorce they write that there is no dispute over the children.
However, then the father begins to encounter all sorts of obstacles in his relationship with them.
In this case, determining his place of residence in court is a possible way out of the problematic situation.
In what cases does a child stay with his father?
Can they take my daughter? There are several situations in which a man can retain his rights in relation to a child. They are determined both by law and actual circumstances.
Parenting agreement
Unlike an alimony agreement or marriage contract, this type of transaction can be concluded in ordinary writing. It predetermines which parent the child will live with after a possible divorce.
The court will accept this agreement as a guide to action if it does not infringe on the rights of minors. Otherwise, the place of residence will be determined at the initiative of the judge based on the application of one of the disputing parties.
Deprivation of parental rights
This process can begin if there are grounds and in the manner prescribed in Articles 69 and 70 of the Family Code. The plaintiff can be either the father or the guardianship authority. If this civil service, the father can act as a third party.
At the same time, he can provide his arguments in favor of the fact that the child should continue to remain with him. Certificates, conclusions, and other evidence - all this will definitely be useful at the stage of the trial.
Inability of the mother to fulfill her obligations properly
How to take your son away from your wife? A child can be transferred to the father’s care if the mother is unable to fully care for him due to worsening living conditions, loss of work, or serious illness.
The above also applies to the revealed facts of violence against a son (daughter).
To file a claim, the father must collect a voluminous package of documents, which includes:
- medical reports;
- information from the wife’s place of work;
- a certificate from the local police officer (if the reason for going to court was illegal actions against a child).
This list may be supplemented depending on the specific situation.
Registration procedure
To finally clarify whether the father can sue the child from the mother and how to take the children from ex-wife In the event of a divorce, we will advise you on the procedure to follow. It may include several successive stages.
To decide where to go, first of all, you should outline for yourself the grounds for transferring the child to the father.
So, if they are caused by deprivation of parental rights, then you should first make a visit to the guardianship authority at the address of the child’s current residence.
Its specialists will conduct a conversation with the woman, examine the conditions in which the children live, and issue their opinion regarding the advisability of transferring the child from mother to father.
After this, the father must contact district court at the mother's place of residence.
What documents are needed for this? Each situation is individual.
Therefore, we present to your attention their main list:
- Evidence of marriage and its termination.
- Child's birth certificate.
- Documentary confirmation of the father’s earnings and the availability of the necessary property for the normal upbringing of children.
- Information about the financial situation of the ex-wife and her earnings.
- Medical certificates (if the father wants to pick up the child due to the illness of his ex-wife or abuse of bad habits).
The claim must be prepared in copies not only for the defendant, but also for the guardianship authorities and the prosecutor's office. There is no state fee for going to court.
What does the court pay attention to?
There are several factors that courts consider when deciding whether to release a child to the father or not.
For example, the material and property status of a man is examined, whether he has a permanent or temporary income. Take note of the composition new family. After all, other people can live in the parent’s living space.
When the father decides to take the child, he must take care of evidence that the mother cannot devote proper attention to his upbringing. Facts confirming the threat to the life and health of the child while being with the mother will also be important.
Such evidence includes:
- information from the guardianship authority;
- testimony from the woman's neighbors;
- other materials obtained through legitimate means.
Judges also take into account the period of existence of the marriage. After all, a fleeting union from a subjective point of view may not work in a man’s favor. At the same time, the attention given to the child is taken into account. However, everything must be supported by evidence.
As we promised in the introduction to this article, we suggest that you familiarize yourself with 7 recommendations for protecting your own rights. They relate to both the judicial procedure for determining the place of residence of the child with the father, and actions before it.
They must confirm their income level, as well as the availability comfortable conditions for further education of children.
Examples include:
- certificate in form 2-NDFL;
- documents for the apartment;
- information from the housing office or management company regarding the area of the apartment and the composition of people registered there.
It is advisable to provide the court with medical certificates confirming the absence of chronic diseases and addictions, such as alcoholism or drug abuse.
For the court, written characteristics of the father from his place of residence and work will be of interest as evidence.
It is especially useful when the child’s father wants to take the child for himself due to deprivation of the mother’s parental rights. The above applies to cases where a woman dies or is declared incompetent.
The guardianship authority will most likely participate in the upcoming trial. Therefore, it is important to coordinate your own legal position with him.
In addition, the guardianship service can examine the father’s living conditions and, based on the results, provide the court with an opinion on the advisability of transferring the child to him.
Tip 3. File a claim to determine the child’s place of residence
This applies to situations where the child is planned to be taken away after the divorce. If the divorce process is still ongoing, then a lawsuit is filed in the district court. It does not require payment of a state fee, since it is closely related to the protection of the interests of children.
The issue of a child living with his father can also be raised in a statement of claim to deprive the mother of parental rights. In this case, the requirement to transfer the son or daughter into care should be a separate item.
Be that as it may, in the claim the father must provide evidence that he is able to properly raise and provide for the child, as well as create a decent standard of living for him.
Tip 4. Collect evidence of your own participation in raising your child
First of all, these include confirmation of payment of alimony (bank receipts, checks for postal transfers, receipts from the mother for receiving cash).
It is also useful to store documents for purchasing clothes, paying for treatment, going to the movies, and museums. You can make videos of father and child spending time together.
Witness testimony will also be useful, confirming that the man is not indifferent to the child. They, among other things, can be presented in court by both the child’s grandmother and grandfather.
In some cases, it makes sense to stipulate all agreements about the fate of children in writing, without waiting for a lawsuit. In particular, the agreement may stipulate that after all divorce documents are completed, the child will remain with the father.
Another thing is that the mother may then insist that the agreement was signed under the influence of threats, a temporary disorder of reason or delusion. In such a situation, the child’s father should be prepared for lengthy legal proceedings.
Tip 6. Get qualified legal support
Life shows that not every father can competently defend his rights in court. And, therefore, qualified legal assistance will not hurt.
After all, a specialist’s arsenal includes not only knowledge of the laws, but also knowledge of judicial precedents. This is very important, since judges often take the practice of other judicial institutions as a basis.
In addition, the lawyer has psychological resistance to the aggressiveness of the other party. It often manifests itself in legal proceedings, and here one cannot do without professional restraint.
Tip 7. Maintain regular contact with your child
In this way, on a subconscious level, he may still have a desire to continue to stay with his father. This factor can also be used when further building relationships with your son or daughter.
As we have already noted, if a child is already 10 years old or older, he has the right to express his position before the court about where he wants to live next. And if the judge does not take into account the stated position, then he must justify this in his reasoning part of the decision.
This circumstance will allow the father to appeal the court decision to the appellate authority.
We talked about what the father of the child should take into account in order to take him to live with him and further raise him.
In some cases, the path will be long, since you first need to establish cooperation with the guardianship authorities, and then go through a series of court hearings not only in the first, but also in subsequent instances.
In addition, cooperation with bailiffs may be required. As a rule, this happens when the mother does not want to give the child to the father voluntarily. Sometimes there is a need for the services of a local police officer.
In any case, the father needs to think through his tactics. And we hope that our recommendations will help with this.
Tell me, under what conditions can a father sue a child from his mother during a divorce?
- If his position is more favorable in the opinion of the court. Everything is very subjective!!!
- In practice, the chances increase significantly if you immediately take the child from mother to father, create all the conditions for the child: a sleeping place, furniture, activities in clubs, go to children's performances and save tickets, grandmother's care, etc., the more, the better . All this will be recorded by the guardianship authorities and confirmed in court. Record all the mistakes and shortcomings of your wife. Before filing a lawsuit, prepare as many documents as possible in secret from the mother; surprise is a plus. The father's income should be higher than that of the mother.
- "A slave's children could be taken away from him without asking his consent; men could have their own children taken away from them without asking their consent."
Warren Farrell
Constitution of Russia.Article 38
2. Caring for children and raising them is an equal right and responsibility of parents.Family Code of Russia.
Article 31
2. Issues of motherhood, paternity, upbringing, education of children and other issues of family life are resolved by spouses jointly based on the principle of equality of spouses.Article 61
1. Parents have equal rights and bear equal responsibilities in relation to their children (parental rights).As you can see, the rights of men to equal and full participation in the lives of their children are fully confirmed by both the Constitution and the Family Code of Russia. THEREFORE, the practice of transferring children ONLY to mothers is ILLEGAL and nothing more than a violation of Russian legislation, a violation of the rights of fathers (and children too!), in other words, arbitrariness.
HENCE!
The fight of fathers for their rights is justified and necessary! !That is, if you hire a lawyer, then through the court it is possible to leave the child to the father, even if not through the first, but through the second or third
- The Family Code confirms this. that both parents have equal rights. divorce is always carried out through the court if there are minor children in the family...
The court determines the place of residence of the children. .
As a rule, parents do not argue; it is implied that the children stay with their mother...
But if a dispute arises, it is resolved with the participation of the guardianship and trusteeship authorities...
The guardianship and trusteeship authorities study living conditions and, if necessary, involve a psychologist... Their task is to prepare their conclusion for the court. .
Art. 65 of the Family Code determines what parameters are considered when determining the child’s place of residence...
This includes emotional attachment and opportunities for raising and educating children...
Art. 57 determines that the opinion of a child over 10 years of age is decisive... - If the mother leads an immoral lifestyle and cannot raise the child. If she doesn't work and can't provide for the child. But all this must be proven
- 1. If the mother is incapacitated (i.e. mentally ill)
2. If he cannot provide for the child financially
3. In the absence of normal housing
4. Immoral lifestyle (drugs, alcohol, prostitution)
5. - In the absence of an agreement on determining the place of residence, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of the parents, etc.) (Article 65 of the RF IC) In the absence of an agreement on determining the place of residence, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.) (Article 65 of the RF IC)
- If the child’s mother leads an immoral lifestyle, drinks alcohol, drugs, does not look after the child, leaves the child alone, and does not fulfill parental responsibilities. With this statement of claim third parties will be involved, this is the guardianship and trusteeship body, which will check the financial situation of the child’s parents, living conditions, look at the parents’ work schedule, if the child has a separate sleeping place in the apartment, a table for studying, a place for games, the child’s attachment to his parents, then submits a conclusion to the court, and the court, having studied everything, makes a court decision, but as a rule, the children are left with their mother.
- Because our courts do not care at all about the law in this matter and each judge has his own code. then they usually leave the children to the mother, even if she is an alcoholic drug addict and lives in a half-burnt-out apartment, and she only needs the child to receive child support for the next dose or portion of alcohol.
Therefore, the answer is simple - if he has money, then they will take it from a normal mother. - ...if he proves that leaving with the mother is dangerous for the child's living conditions. characterization of the mother (immoral, alcoholic, etc.), then the court can go over to his side, support him in his request, and his place of residence after the divorce can become “with his father.”... Then he can continue the judicial action and deprivation rights to a child...
- If the mother is unable to raise the child, or she beat him and there is evidence of this
During the divorce process, the problem of dividing custody of a child often arises. At the same time, relations between former spouses become extremely tense. This problem can only be solved in a civilized way through the courts.
Often the child's father wants to leave the child to live with him. In principle, the Russian Family Law provides equal rights for parents. But in fact, Moscow courts are feminized, and fathers need to make a lot of effort to achieve their goal.
In order to be able to sue a child from the mother, it is necessary to obtain evidence that the mother does not raise the child, does not support him, behaves immorally, is registered with the police, uses drugs, and abuses the child. All this must be confirmed by the presence of certificates from the local police officer, hospitals, dispensaries, testimony of neighbors and witnesses.
If the mother takes decent care of the child, spends time with him, looks after him, educates and develops him, then it is still possible that the father can take him away from her by court decision. This is possible if a man has a higher income, he has his own living space, and living conditions are much better. This option also requires additional witnesses at the trial.
According to the provisions of Article 65 of the Family Code of the Russian Federation, the determination of the place of residence of the child (children) in the case of separate residence of the parents is established by their mutual agreement. If it is impossible to achieve this, the dispute between the former spouses is resolved taking into account the interests and wishes of the children. At the court hearing, the child’s attachment to his parents, his age, the relationship between the child and each parent, and the possibility of creating the necessary conditions for the child’s development and upbringing are taken into account. The occupation and working regime of each of the parents, their marital and financial status are also taken into account (although the very fact of any advantage in the financial and living situation of the former spouses does not guarantee satisfaction of the claims of this parent). In addition, other factors that determine the situation in the place of residence of each of the parents are also taken into account. When the court resolves the problem of determining the child’s place of residence, it does not take into account which of the parents initiated the divorce or which of them was the culprit of the family breakdown.
It should be taken into account that in any case, excluding only the deprivation of parental rights of the mother, a child under three years of age is left to live with his mother. If the child is over ten years old, then at the court hearing his desire to stay with his father or mother will be taken into account.
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 this true?
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 cohabitation with 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, 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 advantages in providing for the child comprehensive 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? Enough frequently asked 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 a court ruling, a child can stay with his mother if she has a positive influence on his upbringing, takes care of his physical and intellectual development, but was not employed due to good earnings 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 its moral qualities and spiritual values. That is, if the mother is capable, she will provide for herself and the child 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 material 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 body of justice positive aspects of your 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 riding “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 baby’s admiration, but also on the actual manifestations of paternal care: frequency of meetings with the child, participation in educational and physical development, treatment, 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.
- Birth certificate of the baby.
- 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, teachers kindergarten, relatives, from places of work, correctional institutions, etc.
Important to remember! Conduct in court must be decent. The highest law enforcement agency negatively perceives swearing, arguing 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, family life with which it was not 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 child’s place of residence, 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 child’s opinion more younger age. 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 mother. 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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With the question “How to sue a child from your wife?” faces some men after divorce. True, it is somehow not customary to talk about this in our country (it is even considered something almost criminal), but the termination of a marriage relationship should not mean the end of communication with a child. And mothers, frankly speaking, are different. Therefore, if you think that your child will be better off with you, then this article is for you.
Is it possible to sue a child from your ex-wife?
Before answering the question of how to sue a child from a wife, I would like to warn those men who fight for children solely in order to annoy their ex-wife. The children are not to blame for the fact that your life with their mother did not work out, and they should not be held responsible for your mistakes.
If you do this out of good intentions, that is, sincerely believing that it would be better for your child to live with you, then let’s figure out how to sue a child from your wife and whether this can be done at all.
Don't know your rights?
Long time judicial practice showed that it is possible to sue a child from the mother only if she has practically no means of subsistence or leads an immoral lifestyle. Today, this trend has changed: the courts have finally recognized the equal rights of the father and mother in determining the place of residence of the child.
Therefore, if you are determined to keep your child with you after the divorce, you must make your desire known during the divorce process. Indeed, if there is a child in the family or there is joint property that the spouses could not divide peacefully, the dispute is resolved by the court. It is at this stage that you need to declare your rights to the child, and also indicate for what reasons you believe that your child should be assigned a place of residence with you and not with his mother. It is important to say that the court decision, even if it was not made in your favor, can subsequently be appealed (either in full or in part) to a higher judicial authority.
What does the court pay attention to?
So, how to sue a child from your wife, in general outline We figured it out, but we shouldn’t forget that the child’s right to live with his mother is enshrined in the Declaration of the Rights of the Child. Restriction of this right is possible only in order to comply with another principle of this declaration, which requires that the child be raised under appropriate moral and material conditions and have opportunities for development, play and education.
Thus, the court, acting in the interests of the child, must evaluate the following qualities of the parents:
- Moral character and physical health. Here we are talking about the lifestyle of both parents, their ability to raise a worthy citizen of the country, as well as physical characteristics to ensure proper care and normal functioning of the child.
- Financial situation. Everything is very clear here: in order to provide a child with everything necessary, funds are certainly needed.
- Provision of housing and other conditions necessary for organizing the proper maintenance of the child, providing him with the necessary space and everything necessary for normal development and growing up.
- Other circumstances that affect (or may affect) the child’s quality of life.
