Divorce entails many unpleasant consequences, including those related to the upbringing and maintenance of the child. In some cases, the residence of minors with their mother is not possible and therefore the question arises: how to leave children with their father in a divorce? In the absence of voluntary consent between the former spouses, a decision on with whom the child will remain is taken at the hearing. Previously, in almost all cases, children remained with their wife, but in recent years, frequent disputes of such decisions by men have become more frequent.
How to stay with a divorce for children with a father?
After the dissolution of their marriage, ex-spouses spend most of their time dividing common property and arranging litigation. But this is not the most unpleasant part divorce proceedings. They have yet to decide who gets the child in a divorce.
The minor family member, according to the country's code, remains with one of the spouses, and the second can visit him and spend an unlimited amount of time with him, as well as take him to him on weekends and holidays. Basically, by a court decision, the mother is engaged in continuous education. But what if the spouse does not want to part with her child? Then you need to find a competent lawyer who knows how to leave the child with his father after the divorce. In addition, the man is obliged to present conclusive evidence to the court that will expose his ex-spouse in an unfavorable light, which will help deprive her of parental rights in this way.
In general, this is an extremely complicated matter, but, as the practice of the last decade shows, is possible.
Why can a father wish to keep his children?
Before a spouse embarks on a path of lengthy litigation over who divorces a child, you need to weigh the pros and cons once again to see if his child will be better off. Maybe the desire to pick up a minor family member is caused only by the fact that the spouse restricts meetings with children? In this case, it is better to try to negotiate with the ex-wife or start a fight to determine the schedule of visits through the court.
But if the desire is dictated by sincere care for their children and the rights of the child are divorced during the dissolution of the marriage if he remains with his mother, then really it is necessary to start a trial to challenge the place of residence of the minor. Only the main condition is that full communication with two parents be maintained. And even if the court decision is not in the husband’s favor, it is still necessary that fathers and children do not stop their frequent meetings after a divorce. This will help the child survive the trauma of breaking the relationship between parents.
How to act spouse if you want to keep your child?
If, after all, a man decides to live together with his child, he needs to know an algorithm of actions that will help to understand how to leave children with his father in a divorce.
First, you will need to discuss this issue with the mother of the child before the start of the divorce proceedings. Perhaps she will agree to voluntarily leave the children with her ex-spouse. This can be done in writing, to voice a request that the ex-spouse communicate her decision. Such a message must be sent by registered mail with notification.
Also, the question of how to leave children with a father in a divorce may be answered guardianship authorities. When contacting them, the man must express the reasons for his desire to live together with the child. The support of these organizations can convince the ex-spouse to resolve this issue in a pre-trial manner. A copy of the application to these authorities must be left to the court as direct evidence of the seriousness of the father’s intentions.
In the event that a trial is inevitable, a man must pay due attention to collecting all checks, receipts and other documents to pay for certain services that confirm the efforts of the pope in providing children. In addition, the guardianship authorities must confirm that the father has the opportunity to live together with his minor family member, that is, he must have a sleeping and working place for the child.
When can a lawsuit be resolved in favor of a man?
And yet, how to leave children with a father in a divorce? The most compelling reason why a court can refuse a mother to live together with her minor child is the failure to fulfill her basic parental functions. For example, it can be alcoholism, mental illness or other abnormalities.
To prove the inadequate condition of a woman is not difficult. It will be enough for the father to provide certificates from the hospital or testimonies of neighbors who can confirm all this.
In some situations, less significant factors may influence the resolution of a lawsuit. For example, if the spouse does not have extra time for her child or if there is not enough finance to support him. There is still the opportunity to win the case, proving that his mother leads an immoral lifestyle or that it will be dangerous for children to live with their ex-wife.
A lawsuit, of course, can be won by her husband in a divorce. How can you leave the child to his father, should be prompted by a qualified lawyer who will help to collect the correct set of evidence that can convince the legal authorities to leave the children to their former spouse.
What are the actions of the court in case of divorce?
In the event that the parents did not manage to agree among themselves, or the signed agreement does not take into account all the rights of the child or of one of the former spouses, then the authority shall establish the order of residence of the children. The court’s task is to respect all the interests of minor family members after a divorce, and take into account their opinion, desire and how much they are attached to one parent or another.
This authority is also obliged, before passing its verdict, to determine the material capabilities of the former spouses and their moral qualities. But without taking into account the opinion of the employees of the guardianship and guardianship authorities, it is not possible to solve the problems with whom the children will live and communicate with the child after a divorce from another parent.
Useful Tips for Father
There are some conditions that are not reflected in the law, but they will undoubtedly be useful to a man if he wants to keep his child after a divorce.
It is necessary to establish stable psychological contact with children, as appropriate experts can evaluate it, and according to their conclusions, the court will make its decision.
It is not necessary to prove during divorce which of the former spouses is better, but just need to justify that the child will be more comfortable living with his father.
In no case should a husband interfere with his mother's dates with children. This may be negatively assessed by the court.
Next, you will need to determine the range of issues confirming that the minor is guaranteed to be better off with his father.
Mutual arrangement between parents
There is the simplest and least traumatic way to solve the problem of children living after a divorce. For this, former spouses need to sit at the negotiating table. In this case, no outside interference or trial will be required during the divorce proceedings.
The result of such an agreement should be a mutually signed document called the "Agreement on the Children."It stipulates the child’s place of residence after the divorce, all the conditions for communicating with him. The agreement is usually concluded before the hearing of the case or already during the process itself.
Possible cases
In addition to common situations, the court can also decide in favor of the father if the mother does not fulfill the duties of raising children without any good reason. For example, when an ex-spouse tries to establish her personal life and spends most of her free time in entertainment venues, trying to make new friends. The child at this time can be sent to close relatives or grandmother.
In addition, a minor family member may himself wish to stay with his father, as he is more attached to him than to his mother. Guided by these facts, the judicial authority can render its verdict in favor of the former spouse.
General tips
It must be remembered that the court considers all the testimonies of the child as a priority argument. If children are over fourteen years old, then this authority supports their choice.
If there was psychological or physical abuse of a child by an ex-husband or wife, you will need to contact a professional lawyer to help him choose the right evidence, as this is a sensitive issue.
Divorce after the birth of a child is undoubtedly much more difficult to transfer. But in this case, it is already necessary to take into account not only their interests, but also the needs of the children, as well as how it will be better for them in this difficult life situation.
