Today we have to figure out how to take the child from the mother to the father. How feasible is this task? What features of the process are recommended to pay attention to when divorcing? And what happens if one parent or another takes the minor without the consent of the former spouse? The answers to all these questions will be found later. In fact, such situations in Russia are not so rare. What should all parents with minor children know?
Is there a right
First, we’ll try to understand whether the father has the right to take the child from the mother. How feasible is this task?
In Russia, parents are equal by law. They are obliged to equally care and raise children. The place of residence of minors during a divorce, if there is no peace agreement between the parents, is determined by the court. This rule is prescribed in the Family Code of the Russian Federation, in article 24.
Accordingly, the father may be the parent with whom the child will be left. In the same way that a mother has the right to select a minor. The chances of success depend on many factors.
The main factors in resolving the issue
What exactly is it about? If you are interested in how to take a child from his mother to his father, you will have to try pretty hard. After all, the judiciary will primarily protect the interests of the minor. It follows that if living with dad will do more harm to the baby than with mom, you can forget about translating ideas into reality.
Among the factors that are taken into account by the court are:
- minor age;
- children's interests;
- affection of minors;
- personal qualities of both parents;
- parents have education and upbringing;
- material and living conditions of the parties.
In addition, the judicial authorities without fail ask for the opinion of the child regarding who he wants to live with. This requires that the minor is 10 years old.
When can I leave a child with dad?
How to pick up a child’s father from the mother? In Russia, this is very problematic. There are a number of reasons why it is possible to bring the task to life. They are not very many. In addition, the existence of one or another reason for leaving a child with his father must be proved. Irrefutable evidence is needed. Without them, you can forget about the implementation of the task.
Thus, if the father wants to take the child from the mother, he must prove the presence of one or more factors:
- the mother of the minor is ill with alcoholism or drug addiction;
- mom has a mental illness;
- Mom is not interested in the child and his life;
- a minor often stays with a nanny or grandmother;
- the kid himself wants to live with dad.
In addition, the mother’s loose lifestyle can become the basis for the child to stay with his father. The only problem is the proof of bad faith mom.
Deprivation of parental rights
How to take a child a father from a mother? In practice, most often in Russia this happens when the second parent is deprived of parental rights. Accordingly, under such circumstances, a minor will actually only have a dad (or mother). Children cannot live with a “stranger”.
Deprivation of parental rights is an extreme measure. It entails a number of consequences. In addition, depriving a parent of their rights is not as easy as it seems. We will have to prove the danger of behavior (in our case, the mother) for the life and health of a minor.
Among the grounds for deprivation of parental rights are:
- evasion of responsibilities for the upbringing, protection and maintenance of children;
- refusal to pick up a child from a medical or educational institution;
- abuse of parental responsibilities;
- cruel treatment;
- the presence of chronic drug addiction or alcoholism;
- committing a crime against a child or their father.
In fact, everything is much more difficult than it seems. It is impossible to deprive a normal mother who is taking care of her child. Only a rampant lifestyle and the presence of addictions can become the basis for the deprivation of the rights of the parent.
Restriction of rights
Do you want the father to take the child from his mother? As already mentioned, the deprivation of parental rights is an extremely serious step. It is recommended to avoid it. You can use a different trick. We are talking about restrictions on the rights of the parent. This step is applied in practice quite often with respect to mothers and fathers.
Similar situations occur if:
- Living with a mother is dangerous to the health of a minor for reasons beyond her control. For example, due to a mental disorder or due to chronic illnesses.
- There is not enough evidence to deny parental rights, but at the same time, finding a child with his mother is dangerous for his life and health.
In fact, everything is not so simple in Russia. If you have to think about how to pick up the child’s father from the mother, you will have to try pretty hard.
Procedure
Suppose that a citizen has a sufficient number of reasons for translating ideas into reality. How to act in a particular case?
Can a father take a child from his mother? By law and in practice, yes. But to do it is difficult. If the pope has grounds according to which it is dangerous for minors to live with their mother, it is necessary:
- Gather evidence. They can be testimonies, photographs, videos, and so on.
- Write a lawsuit in accordance with the established rules.
- Apply with the collected package of documents to the court. It is necessary to file a lawsuit at the place of residence of the mother. District courts deal with the issue under study.
- Present the living conditions that the father can offer to the minor. To do this, you need to talk with the guardianship authorities. They will analyze the conditions and determine whether dad can really provide the baby with a better life.
- Wait for a court decision. To do this, you will have to participate in a meeting during which all the evidence presented by the parties will be examined.
That's all. The mother took the child from the father. What to do?
About Documents
It is necessary to adhere to the proposed algorithm of actions. When filing a lawsuit, you will need to bring:
- birth certificate of a child;
- passport;
- marriage / divorce certificate;
- statements of income of the parties;
- documents of ownership of a property;
- evidence of the danger of children living with their mother;
- witness's testimonies.
In fact, proving that the baby will be better with dad is much harder than it seems. Therefore, if the father wants to take the child from his mother, he will either have to come to terms with the fact that this will not work, or have much better living conditions than the former spouse.
If father took the baby
Sometimes it happens that people try to resolve issues related to the separation of children, without trial. This is not the best technique. Especially if the parents have approximately the same living conditions.
It often happens that the father took the child without the consent of the mother. For example, during a regular meeting with a minor. What to do in this case? And can a father do that?
By law, no. If the court has established a schedule for communication with the child, it must not be violated. In this case, it is forbidden to take the child anywhere without the consent of the mother.
Did the father take the child from his mother? What to do? You must first try to find a former spouse and contact him.If this was not possible, you need to contact the police. After finding the child and the father will have to go to court and revise the schedule of communication.
Arbitrage practice
Now it’s clear how to take the child from the mother to the father. In Russia, to do this, as already mentioned, is not so simple. Experts say that in 99% of all minors left to live with their mothers. Male judges and female judges almost always side with the mother. If the mother wants to keep the child with her, while she does not lead a loose lifestyle, it is impossible to take her baby away. This is due to the fact that children are usually attached to their mother, it is impossible to replace maternal love.
Perhaps this is all you need to know. In fact, in Russia it is almost impossible to take a child from her mother. The law almost always remains with mothers. Children often remain with their fathers if mothers themselves refuse to live with minors.