The statistics of divorces in Russia today are not too pleasing. Practice shows that there are a lot of them. And often huge problems arise in people who have married one or more children. In this case, you have to somehow decide with whom they will live. How to sue children from his wife? This question excites many men. And anyway, is it possible to bring the idea to life? What is required for a divorce? All this will be discussed now.
Documents for divorce
Let's start with the process itself. How to file for a divorce? This can be done both with the consent of the spouse, and without him. In the first case, it is enough to write the corresponding application (joint) in the registry office, pay the fee, attach copies of passports, as well as certificates of the birth of children and marriage. In principle, if you do not have any disputes about what minors will be left with, there will be no problems.
But it often happens that one of the spouses is not ready or does not agree with the divorce. How to file for a divorce in this case? Go to court. He will give you a divorce opinion (after meetings and hearings). You apply to this registry office with this document and present the same documents as with the joint decision on divorce. So there seems to be nothing difficult in breaking up the relationship. Nevertheless, sometimes you have to think about how to sue the children from your wife. Do men have such an opportunity?
The situation in Russia
Can a husband sue children from his wife in Russia? This question interests many couples who are ready to terminate their union. And all this is not just. Formally, both parents are equal before the child and the law. But on the issue of “leaving” children with one or another spouse after a divorce, everything is a little different.
Practice shows that it is very difficult to take away a child from a woman. In fact, this is almost impossible. Only in rare cases are children left with their fathers. You will have to try very hard for this. And, of course, you need to hire a good lawyer. Otherwise, no decision will be made on how to sue the children from the wife. After all, this process takes time and patience. What should I look for before the start of battles and wars in court?
The desire of the child
The first is the very desire of the child. If the baby is already 10 years old, he can appear in court to announce his decision. Guardianship authorities, as practice shows, support the child's opinion on this issue. If he says that he does not want to live under any pretext with this or that spouse, it will be almost impossible to leave him with mom or dad. Thinking how to sue a child from his wife in a divorce? In this case, you have to stock up on supporting your own child.
By all means, make sure that the child wants to live with you, and not with your mother. Just keep in mind that there is nothing to be solved by deception. And bullying too. Especially when it comes to leaving the baby at home in order to annoy the ex-wife. Guardianship authorities can determine whether psychological pressure has been exerted on a child. And if it is discovered, you can forget about satisfying your request.
Morality
No matter how strange it may sound, divorce and children are a matter that requires consideration of the general picture in the family before divorce. And before the court makes a final decision about who to leave the minor family members with, he will conduct a thorough check.
Any little thing is taken into account. For example, morality in the family.Those who behave with dignity will be able to raise a child correctly and in a healthy psychological atmosphere - they will leave him with that. Practice shows that often it is women who manage to work and keep warm and comfortable in the house. Therefore, in this sense, a man will have to try pretty hard to sue the children.
Plus, keep in mind: the reason for the divorce will also be taken into account. Thinking how to sue a child from an ex-wife? If, for example, you cheated or a woman herself filed for divorce, for good reason (lack of support, her husband does not provide a family, leads an immoral lifestyle, and so on), you can forget that the kids stay with you. In this situation, the court will take into account the moral character of each family member. Bad habits and some addictions will be surely taken into account.
Do you want the child to stay with you? Then prove that you can educate him normally, right. In general, the average cultural man has every chance of satisfying this request. “Adapting” to the situation is not worth it: the guardianship authorities will certainly conduct a survey of relatives, neighbors and acquaintances to find out if you are lying.
Health status
Also do not forget about physical health. Divorce (with a child in the family) is a very difficult process. And if you could not come to a common decision with your spouse and went to court for help, be prepared for unforeseen checks. And this is not about morality and behavior.
About what? About physical health. The court will never leave a child with a person who for some reason cannot provide proper care for the baby. For example, a disabled man has practically no chance of satisfying a request. Only if the court finds that with the ex-wife the child will be worse. Remember, the better your physical and psychological condition, the higher your chances of winning.
Financial situation
An important point is also the financial situation of each spouse. True, everything is very complicated here. And it’s often not enough for a man to just make good money. If a woman was dependent, was engaged in a child and household, but can get a job, then the chances of both spouses are equal.
Of course, no one will leave a child with a man if he does not have good earnings and the ability to provide for the baby. For women, this condition is rarely applied. The beautiful half, as practice shows, gives a chance. If your spouse does not have anything (even the opportunity to get a job to provide everything you need) - this is your victory.
By the way, the level of wages is not a reason to triumph. The court will find out what funds and how you spent in the family. For example, a man decided to think about how to sue a child from his wife. And while both spouses worked. He got more, she less. But her earnings went entirely to the child, but he didn’t. In this case, the court will be more on the side of the woman. Nevertheless, remember that the material side of the issue is taken into account first.
Housing
Next you need to pay attention to housing. Everything is clear here: the child needs to live somewhere, and not anyhow, but with comfort. At least minimal. How to sue children from his wife? To do this, you must live in good conditions. Whoever can give the child more will leave him.
Only practice shows that women are more lenient in this matter. Plus, your real estate will be taken into account. For example, if you do not have a square meter, and your ex-wife owns at least a 1-bedroom apartment with a normal repair, your chances of success are zero.
No matter how strange it may sound, it also takes into account the possibility of providing the child with normal living conditions. For example, if you can live separately from relatives, but in an apartment that belongs to your parents, the court may ask them if they will allow you to use the housing.Relatives support is taken into account here. It turns out that a divorce that leaves you with a child will be made in your favor, if possible, to give conditions better than your spouse.
Other circumstances
In principle, the key points are now known to us. Guardianship authorities and the court as a whole pay attention to all of the above items. How to sue children from your wife, if you have approximately equal living conditions, and the baby can not decide?
In this case, the court and the guardianship authorities will conduct a thorough check. And they will pay attention to any factors that may affect the living conditions of the child. It can be anything: from your relationship with your own parents to some future prospects. It is very difficult to predict here. Why?
Because the court will check everything that it sees fit. You can support a child, provide him with everything he needs, but at the same time your parents are constraining you, but your spouse is not? Here the guardianship will be on the side of the woman. The less people live with you, the better.
In general, in order to answer the question of how to sue a child from an ex-wife, you should be better than her in everything. And, of course, the attitude of the baby towards you will also be taken into account.
Contribution to Parenting
An important point is also the so-called contribution to raising a child. When a man thinks about “taking” a baby from his ex-spouse (no matter what reason), he usually forgets one small feature - what contribution he made to the life of his child. After all, usually a woman is engaged in both home and raising children. Men are somehow removed from this.
In equal shares, parents rarely contribute to the upbringing and formation of personality. It also takes into account many factors. If you yourself raised a child, but at the same time "sat on the neck" of a working wife, the court will remain on the side of the woman. After all, she couldn’t help you out of her own free will, but out of need. She needed to provide the child with all the necessities. The guardianship and the court still have the impression that a man should be the main source of money. And at the same time contribute to the upbringing of the child. Indeed, for women, "home tracking" is considered a kind of work. From birth, do not forget about your baby, take care and care for him, educate and pay attention even after a hard working day. Only this will give you at least some chance of victory.
Baby's opinion
Do not forget that the age of the child also plays a rather important role in litigation. Why? For example, a newborn needs special care. And only mom can provide it. Please note that it is impossible to take away a child under the age of 1 from an ex-wife. You cannot even go to court on your own to dissolve the marriage in such a case. The younger the child, the less likely you are to succeed.
But older children will be questioned. And, as already mentioned, taking into account the wishes and opinions of the kids is in the interests of the court and guardianship authorities. Despite the fact that they usually rely on the decision of a child from the age of 10 years, very small ones are also not deprived of attention. Why? Often, it is children who can tell interesting and useful facts about the lives of their parents, which they hid. And you can’t force a child to live with someone with whom he is categorically against staying. This will certainly affect his psychological health.
Civil marriage
How to sue a child from common-law wife? Honestly, you can forget about this venture almost immediately if a woman does not lead an immoral lifestyle. In Russia, when a marriage is divorced, the court usually leaves the children with their mother, not to mention civilians.
If you are acting with good intentions, establish paternity over the child and prove that you can provide your child with a level higher than your common-law spouse. Just remember: the blame for the absence of an officially registered marriage will most likely be blamed on the man. And this can play a trick on you.Indeed, in a civil marriage, the spouses are not bound by any obligations. And children are almost always left with their mother, provided that she is an average citizen of the Russian Federation, of course, and not a drunkard.
As you can see, divorce and children are not easy. It is better not to bring the matter to court, but to solve everything peacefully. Maybe an experienced lawyer can help you with the task. But hope for this is not worth it. So far, Russia has a somewhat biased view in resolving the issue, with whom the children will remain after the divorce. Despite the fact that, according to the law, everyone is equal, women are more likely to win.