How to leave the child with his father in a divorce? Advice of lawyers

Divorce is a tragedy for all family members. But even worse is what happens next, namely lawsuits for children. As a rule, the court takes the side of the mother in this matter. And we will consider how to leave the child with his father in a divorce. Sometimes men are ready to fight for their offspring, but do not understand what to do for this. It is necessary to study the laws in order to realize their advantages.

By the way, mothers will also benefit from the following material. They often need to confront the relatives of the other party, who figure out how to leave the child with the father when divorcing. Grandparents in this business show quite understandable and very energetic activity. The daughter-in-law is not sorry - there is another, but I do not want to part with my grandchildren.

Legal grounds

In the family law, parents are not divided by priority. And this is completely justified. Children need both: mother and father. Therefore, when deciding who will live with the child, all the details are clarified, the slightest nuances are taken into account. Of course, it is desirable to reach agreements without resorting to court. Parents should understand that they are traumatizing their heirs, and so suffering because of their divorce. Nevertheless, sometimes it is impossible to solve amicably. People who are thinking how to leave the child with his father in a divorce, you need to know several factors that affect the opinion of the court. They belong to the field of health and behavior of the mother. Having proved that she can not adequately perform her parental duties, you can win a lawsuit. Please note that any of the factors will have to prove. Moreover, the opposing side will bring its arguments, so a gross lie is unacceptable, as it will be immediately disclosed. It is wise to select arguments in favor of your position, confirming them with the provisions of the law.

Evidence for the court

Before you is a difficult task: to explain to people who are subconsciously standing on the side of the mother, that she can not take care of the baby. It is necessary to understand that judges are also ordinary people with their own family histories. They, as a rule, will support the mother, and not solve your problem, how to leave the child with his father during the divorce. They need to be persuaded. For this, there are a number of classical arguments. The court will be more supportive of the opinion of the father if the mother suffers:

• Alcohol or drug addiction;
• Mental disorders;
• Aggressive manifestations of the offspring.

Each of these factors must be proved. Do not rely on words - documents act on the court much more effectively. Let's analyze each element separately.

Drug addiction

This is the most commonly used argument. But not everyone correctly understands how to use it. Any dependence is considered an ailment. Her identification is done by doctors. If a wife suffers from drug addiction or alcoholism, it is necessary that she is examined. There will be few stories about what the woman is doing, although the testimony will benefit the cause (as additional arguments). But first of all, I repeat, you need a certificate from the medical institution. A healthy woman will go through all the procedures calmly, as she is sure of herself. And if he starts to resist, it is recommended to raise the issue at a 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 find out how to leave the child with his father during the 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 offspring. It is necessary to prove abnormality just like bad dependence. That is, it is necessary to provide documentary evidence to the court. If a woman underwent treatment, you should ask for copies of the findings in the medical facility. By the way, in case of a serious illness you will get the doctor's testimony, to which the court will listen attentively. If the former spouse does not want to go to the hospital, then boldly raise the issue at the meeting. It is advisable to back up your point of view with sworn stories of those with whom you communicated, for example, close relatives. The court will oblige the woman to undergo a survey, and so you will get the desired conclusion.

Aggressive behavior

In practice, this argument is used quite rarely. The fact is that the evidence is difficult to find and troublesome. The best thing would be to get a medical opinion that the mother harms the physical or mental health of the child. Then the court will not have a question at all, to whom the child gets a divorce. He will choose a parent who cares about the offspring. When it is impossible to obtain medical advice, witnesses are involved. However, it should be borne in mind that the mother will lead those who will confirm her point of view. If you decide to use this argument, then without professional help you will not manage. Go to a consultation with an experienced lawyer, let him tell you how to collect evidence.

Other arguments

Do you know what is most important when planning how to leave the child with his father after the divorce? True. It is necessary to understand that the court is obligatory as a witness to hear the one for whose fate you are fighting. The child's opinion in such processes is not simply taken into account, but is the main one. If the offspring has already celebrated the fourteenth birthday, then the court will stand on his side under any circumstances, except the heaviest ones. But the opinion of younger children is taken into account necessarily. Sometimes in practice, to prove the impossibility of fulfilling parental responsibilities, the mother uses her poor material security and excessive employment. 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 basic. It is also desirable to enlist the child's desire to live with his father.

Additional factors in your favor

Do not assume that in this case the man does not have 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 rules and a regime in which fathers and children after the divorce meet. It is compulsory for the mother and other relatives. The court respectfully listens to the expert's opinion. Go to the civil servants, no matter how strange it may sound. Talk, explain, listen to advice. If they stand on your side in litigation, then the court will find it difficult to resist the reasoned opinion. Good luck.