When you divorce, who is the child with? With whom do children stay when divorcing their parents?

For every married couple, divorce is not the best moment in life, especially when there are underage children. Sometimes during the divorce case, once the spouses do not pay attention to the feelings and desires of the baby. For parents at these times, it is only important to collect the documents that will be needed for the divorce. With whom the child remains, they are not particularly worried, hoping that everything will manage and be resolved peacefully.

In most cases, if the spouses have a good, well-coordinated relationship, and they do not want to spoil it, the issue of living with a certain parent does not occur. Usually a divorce is difficult, but many couples manage to maintain good mutual understanding and periodically "divide" their child.

In fact, not everyone is as simple as that. The question of who the children are left with when they divorce their parents, sometimes requires a judicial decision. This happens if the couple has two or more toddlers. 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 it at all, but someone simply does not want to mess around with papers and documents. Despite the feelings of the couple, divorce affects children more, because they do not want and do not want to see one of their parents a couple of times a week.

Usually it happens that the spouses are not able to divide the child among themselves, so they force him to choose. According to statistics, during the divorce the children remain with the mother, it happens so often enough, besides, many fathers take it for granted and do not worry about raising their baby, dumping all the care responsibilities for the former spouse.

The child remains with the pope: the probability

Sometimes the court decides to leave the baby with the daddy. Such cases are quite rare, only 5-7% in disputes. Lawyers identified 2 reasons why the court accepts the maternity side:

• Many judges in civil cases are women, and they are close to the notion of motherhood;
• Men are not too eager to live together with their children, because they understand that they must take on all the responsibilities for care and education.

Usually, children stay with their father after a divorce only if the pope is well-off and insists on single-parenting. In such cases, the child is engaged in a nanny and hired staff, and the father - earns money.

Division of children by mutual agreement

Of course, it is better for parents to forget all grievances, feelings, fears and start joint, fair negotiations on which the question of the future fate of a joint child will be resolved. If everything goes quietly, the spouses can protect the baby from scandals and hysteria, which at a young age will not lead to anything good. The agreement made will help to resolve when a divorce occurs, with whom the child remains, and also to speed up the divorce process and concentrate on the problems that have arisen.

According to the existing legislation, the contract should clearly state:

• The address by which the child will live after the divorce;
• Responsibilities for the care and education of each parent;
• Distribution of money for the maintenance of the baby;
• The number of meetings of the other spouse with the baby.

The agreement between the parents is impossible - how to be

If the couple can not 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 statement of claim in the district court, proceeding from one of the parents. The application can be filed simultaneously with the divorce case or separately from it.

What you need to specify in the claim when writing:

• The name of the judicial organization;
• Name, address of both the plaintiff and the defendant;
• Name of children, date of birth;
• The substance and grounds on which the application is submitted;
• List of documents attached to the claim, signature, date.

In order for a child to remain with his mother or father after the divorce, the statement must indicate the reasons why the court should give preference to you. For such reasons may include financial insolvency of one of the parents, improper treatment of the child during cohabitation, alcohol or drug dependence.

When children are given the right to vote

Sometimes at a court session a kid 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 remains after the parents' divorce requires a responsible approach, so 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 uneasy, because a kid can say one thing, but in order to protect minors and provide good conditions for upbringing and living, it is necessary to say something completely different.

What is the focus on 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 sufficiently good conditions for upbringing, love their baby and want to be with him, the decision will not be easy.

During the session, the court first of all protects the rights of under-age citizens, that is, children. In other words, the judge must understand with whom the child remains after the divorce and where the baby himself will be better: from the mother or from the pope.

Age of child

It is this factor that is the first in divorce. With whom remains a small child, depends on the claim for the divorce process. If the dissolution of marriage comes from a woman who has a baby breastfed or has not reached the age of 5, it is clear that the court will leave the baby with her mother. If the baby is older and the lawsuit was from the father, the decision can be made in favor of the man. If a child is barely 10 years old and he wants to stay with a mother who does not work anywhere, abuses alcohol, then the court will not listen to this opinion and take the opposite side. In case the child is already an adult - 15-17 years old, the court fully takes into account his opinion, since teenagers at this age can adequately assess the situation and determine the place where they really will find it easier to live.

Affection of children

Quite often you can find a situation where a child is strongly attached to one of the parents, regardless of his attitude, way of doing life, moral principles and principles. This state of affairs may be due to the fact that for a long time the kid lived with his mother or father, so he feels the need for this person. Sometimes in such cases, non-forensic assistance of experts and psychologists who help children understand that with a certain family member it will be much better.

Morality

An important factor in the divorce. With whom the child stays, depends also on the extent to which the person who filed the claim and claims for education corresponds to social principles and principles. Children learn by the example of their parents, so the court must take into account what the plaintiff and defendant can give him, how much the right way of life is being led, what the child will learn from his mother or the pope, and whether it will not be adversely affected. For example, if one of the spouses has a previous conviction, abused alcohol or drugs in the past or has such habits now, leads or led an immoral lifestyle with constant drunks and parties, does not consist of work, then the child should not be given such a child, since nothing He will not learn good there.

Comfort

With whom the children remain when divorcing their parents, depends on the comfort of the proposed housing, the creation of favorable living conditions, the wages of each of the spouses. The factors on which the decision is made include material security, the availability of their apartment, marital status and health. In the event that one of the parents has a good salary, but does not have enough time to engage in sports with the child, to participate in his upbringing, then a decision in his favor can not be accepted. Also, if one of the spouses has a new husband or wife, the decision can be made in their favor, since the material security is sufficient, plus there is always someone 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 lose your chance, that is, when appointing you as a legal guardian, you must carefully treat the child, as well as regular meetings with the other parent. The last item requires compulsory execution, otherwise the spouse will receive another suit about the fact that he also has the right to a meeting, and the previous decision will be reviewed.