Children after divorce
One of the main activities of the divorce are:
· establish procedures for communicating with children;
· determination of the place of residence of the child;
· termination of parental rights;
· establishing paternity;
· contestation of paternity;
Family lawyer maximum benefit will analyze the situation that you do not have to participate in numerous trials, to substantiate their claims and to present evidence.
The child after divorce – who’s left?
The issues of the place of residence of the child, governed by Family Code of the Russian Federation.
According to article 61 of the RF IC “Parents have equal rights and bear equal responsibilities towards their children (parental rights)”.
In accordance with part 3 of article 65 of the RF IC “the children’s Place of residence when parents live set by agreement between the parents. In the absence of agreement, the dispute between the parents is settled by the court based on the interests of children and taking into account the views of children. The court takes into account the attachment of the child to each parent, siblings, child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and child, the possibility of creating the conditions for child development and education (occupation, mode of operation of parents, material and marital status of parents and others)”.
Based on the above provisions of the law, it is obvious that in the first place the question of the place of residence of the child after divorce of parents is allowed directly between the parents. Their decision about the place of residence of the child after the divorce is issued “Agreement”, which shall be in writing and may be notarized.
In the case where agreement is not reached between the parents, a concerned parent may apply to the court for resolution of the dispute.
Residence of children in a divorce in court
Divorce and children in a very difficult situation. Including if several children. Questions about the place of residence of the child may be considered by the court as within the framework of the statement of claim for divorce, and in a separate production.
In recent years, the courts increasingly began “to give” the children after divorce fathers, equating them not on paper but in practice the rights of mothers. Russian judges have become more careful approach to the resolution of such disputes. And not an exception, and in many cases began to prefer the fathers on the basis of positions of child rights protection.
The number of processes is won by the fathers, is growing rapidly. Now in 10-12% of cases, the court shall determine the permanent residence of the minor child the father’s house.
The cost of representation in court without your participation from 25 000 rubles.