When parents decide to leave, the question invariably arises with whom the child will remain after the divorce. Parents can resolve this issue on their own by concluding an amicable agreement. In case of a disputable situation, the matter is decided by the magistrate's court.
Instructions
Step 1
To initiate a case, it is necessary to file a claim for divorce and for determining the child's place of residence. Moreover, the plaintiff should be a woman. In the claim, you must justify why the child should stay with you, and not with the father, who will be the defendant. It is good if the defendant lives in the same city as the plaintiff, since the case will be considered at the place of residence of the defendant.
Step 2
At the preliminary conversation, if you do not come to a common opinion with the defendant, you will be asked to prove your position in court. You will need to provide evidence of your mutual affection with your child. As evidence, you can offer testimony, photographs, tickets (for example, to the cinema or to attractions), video filming.
Step 3
In a special case, a conversation between a psychologist and a child is possible, on the basis of which conclusions will be drawn with whom he wants to live. Try to avoid this, as it will be an additional challenge for your child.
Step 4
In addition, you will have to prove that you can provide for the child. To do this, documents are submitted on the ownership of housing (or a copy of the rental agreement), a description from the place of work, a certificate of your income. If necessary, a housing survey report may be required, drawn up by the department of guardianship. The act must indicate that you have all the necessary living conditions to support the child. Based on all this, the court makes a decision on determining the child's place of residence.
