With whom will the child remain after the parents' divorce?
The basis of the dispute in determining whoWill remain a child after the dissolution of marriage, constitute a conflictual relationship between the ex-husband and wife. Despite the fact that the rights of parents under the laws of the Russian Federation are the same, the court usually determines the place of residence with the mother. However, it is not necessary to take the existing judicial practice as an axiom. In accordance with the text of the Family Code of Russia, residence, taking into account the separation of parents, is established by agreement between the parents.
If the parents did not reach an agreement, then the disputeBetween them the court allows. When making a decision, the court must proceed from the interests of the child, given his opinion. In addition, when considering the issue, the court must take into account the attachment of the child to the father and mother, sisters and brothers, the age of the child, the moral qualities of the parents, the existing relationship between the mother and the child and between the father and the child, the opportunity to provide comfortable conditions for the development and upbringing of the child For example, the financial situation of parents, the mode of work, occupation, etc.).
When determining where the child will live after the divorce of parents, direct participation in the proper care, upbringing of the child and so on is also important.
It is worth noting that in court quite oftenParents talk about taking care of children from grandparents, which in their opinion is a significant reason for determining the place where children will live. To this argument, the court is usually skeptical, because it is parents who are parties to the dispute over the definition of residence, and not other people.
Also, some mistakenly believe that the mainDetermining the place of residence is the property status of one of the parents. However, it is worthwhile to know that the basis of the lawsuit to determine where the child will live after the divorce is not the protection of the interests of the parents, but the protection of the interests of the child, his rights.
That's why quite often, withThe existence of a difference in the incomes of parents, the court issues a decision on the residence of children with the parent who has a smaller amount of income than the other spouse. This court decision is dictated, as a rule, by the fact that a parent with higher incomes often has a more saturated and sometimes irregular working day, long and frequent business trips, which makes it impossible to provide full-fledged care for underage children and proper upbringing.
The most frequently encountered disagreements concernThe fact that one parent does not allow after the divorce the second parent to communicate with the child. The basis for such behavior is the erroneous opinion that a parent who lives separately from a child, after a divorce, loses parental rights. However, this is certainly not the case.
The emergence of parental rights and their termination is not related to whether a man or a woman is married or not.
In accordance with the text of the Family Code of RussiaThe parent who lives with the child does not have the right to interfere with the communication of the second parent with the child, if such communication does not in any way harm the moral development, mental and / or physical health of the child. It is only the court that can determine what the parent is doing harm, and in no case is the second parent.
If one of the parents refuses to provideTime to communicate with the child to the second parent, the court can oblige the guilty parent not to interfere with the communication. A parent who does not live with the child has the right to know what is happening with his child, including receiving information from medical, educational and other institutions.