When divorcing a man and a woman with a child, often one of the most acute is the question of who the child will remain with. If each parent insists that he will educate him in the best way, then the argument can develop into a serious conflict. Solving this problem, in many cases, fathers and mothers completely forget about the interests of the child. 
Conclusion of an agreement
Place of residence may be established by mutual agreement of the parents. The conclusion of such an agreement cannot be forced for moral and ethical reasons, and solely for practical reasons. The agreement can be made in the usual form - in writing. At the same time, it is not necessary to certify it with a notary. By agreement, the parents actually decide who the child will be with. In accordance with the general rule, the choice can be any. The main thing is that he be voluntary and mutual. Along with this, the agreement should not contradict the interests of the child himself. The agreement may include conditions on the procedure for education, communication and participation in the content. In practice, parents are not always able to reach mutual agreement and conclude such an agreement.
Important point
As mentioned above, the agreement between the parents should not contradict the interests of the minor. If the situation is controversial, one of the parents or the guardianship and guardianship authority may apply to the authorized authority with a complaint. The circumstances that are grounds for presenting it may be the absence of a dispute between one of the parties of a permanent job, the maintenance of an asocial lifestyle, the presence of mental deviations, and so on. Often guardianship authority draws attention to the place of residence of the parent himself, with whom the daughter or son is supposed to live. If the requirements are satisfied, then the agreement is canceled. 
Determination by court of the child's place of residence
The procedure for this procedure is regulated in Art. 24 SK. In accordance with it, in case of divorce, the determination of the place of residence of the minor child is carried out by the authority authorized to consider civil disputes. This is done on the basis of the agreement mentioned above. If the agreement is found to be contrary to the interests of the child or the parent or it is completely absent, then the court will decide this issue independently in the framework of the law.
Case trial
According to Art. 65 para. 3 of the IC, the court, at the request of one of the parties, may establish the place of residence of the minor for the period of the consideration of the dispute. There must be serious reasons for making such a decision. Determination of the place of residence of the child for the period of the trial, it is possible if the parent with whom he is located does not have adequate housing conditions, there is a danger to the health of the dependent and so on. When considering the requirements, the authorized body must take into account a number of circumstances. The determination of the child’s place of residence should first of all be consistent with his interests. In addition, you must consider:
- Moral and other qualities of the parents themselves.
- Affection of the child to relatives (both to mother and father, and to brothers, sisters and other relatives).
- The relationship that exists between parents and the offspring.
- Opportunity to create conditions for proper development and education.
- Family status of parents at the time of the hearing.
Guardianship authorities
They play an important role in the proceedings. Often, the determination of a child’s place of residence is based on their opinions and conclusions. The authority of trusteeship and guardianship is in close contact with the family in such cases. As part of the trial, he is involved in assessing housing conditions, the climate in the family, provides the court with the necessary objective information, and often makes recommendations based on available information. In this regard, experts advise to establish close contact with these authorities. However, in any case, it must be remembered that, despite such great importance, the opinion of the authority of guardianship and guardianship will not be decisive in court. The dispute can be resolved in the completely opposite direction.
How to file a lawsuit?
The determination of the child’s place of residence will be carried out at the district authority. The appeal is made in writing. When applying for a child’s place of residence, it is also necessary to pay a state fee. The requirements are made according to general rules. First of all, the name of the court where the lawsuit is sent is indicated. The following are the details of the plaintiff, then the defendant: name and address. The text should indicate all the circumstances of the case. At the same time, you need to start with the conclusion of a marriage and the moment of birth. The rest of the facts are presented sequentially. It should be indicated that the marriage is dissolved, cohabitation is not carried out. The following are the requirements and justifications for them. As arguments, it can be pointed out that the second side impedes communication, participation in the maintenance of the child or, conversely, requires money, but does not spend it on a minor, but leads an asocial lifestyle. All this must be supported by evidence. If necessary, you can petition for the involvement of witnesses or attach their written testimony to the case. In the conclusion of the application, documents collected and submitted to the court are listed, a number and a signature are put.
Case Behavior
It should be remembered that the determination of the child’s place of residence is made largely on the basis of the subjective opinion that arose in an authorized official after talking with parents. In this regard, it is extremely important to correctly present your requirements and indicate your own position. Absence from meetings may be regarded as disinterest in the outcome of the case. Of course, if the reason for the failure to appear was valid, confirmation must be provided. In addition, it should not be limited to oral statements. It is advisable to back up all your arguments with written evidence. They do not have to be significant. For example, it could be thanks for organizing a holiday in kindergarten. But the more such arguments, the better.
Law and Practice
According to the Family Code, both parents have equal rights to raise children. Formally, in this way, neither the father nor the mother have priority. But in practice, things are a little different. In general, the overall picture is as follows:
- A child under 3 years old is always left with his mother. Exceptions are cases where there is a clear threat to the health of the minor or his interests are violated in another way.
- A child of 3-10 years stays with his mother in most cases. An exception may be the situation when it is more profitable and more expedient to transfer it to the education of the father.
- A child over 10 years old most often stays with his mother. It is worth noting that the parents have the same opportunities in this case. However, as a rule, the court gives priority to the mother, since usually she has a great interest in keeping her child.
check in
Many parents are interested in how to prescribe a child. The law establishes a list of documents that are necessary for submission to the FMS. Before you register a child, you need to write a statement.For children under the age of 14, the parent writes and signs it. Registration is based on:
- Applications in the form of No. 6.
- A document confirming the identity of the parent (passport).
- Sv-va about the birth (or passport) of the dependent.
The above list is considered exhaustive.
Finally
It should be said that the decision made by the court to determine the place where the child will live after the divorce cannot be considered final. Circumstances may change dramatically. A situation may arise when earlier staying with one parent was consistent with the interests of the child, and over time it began to contradict them. The law permits in this case a re-submission of claims. However, in this case, a decision can be made in favor of the applicant only if there are good reasons.
