Despite the formal equality of the rights of parents before the law, in most cases the mother receives custody of the child upon divorce. However, in some situations, the father also has the opportunity to obtain the right to take the child with him.
Instructions
Step 1
Try to negotiate peacefully with your spouse. Most likely, this case will not be about getting the child into sole custody, but about the responsibility section. In particular, in Western countries, the division of custody in half has been used for a long time, in which the child lives with the mother and with the father for an equal amount of time, for example, two weeks a month. However, in Russia such a system has not been developed and will be adopted only if both parents agree to it.
Step 2
Collect evidence of inappropriate wife behavior, if any. In particular, the ex-wife's alcoholism or drunkenness, her drug addiction, and child abuse may become grounds for transferring a child to you. Your relatives, neighbors and other persons can become your witnesses. If you have documents proving your spouse's mental illness, they must also be presented. Please note that the testimony of the child himself will be taken into account after the age of ten, and earlier - only in exceptional cases, for example, in case of physical violence.
Step 3
If the new partner or mother's spouse is antisocial and abuses the child, you can also sue and demand that the child live with you.
Step 4
Wait until your child is 10 years old. Prior to that, his mother can only be deprived of custody with very serious evidence of her unsuitability for raising children. After 10 years, the child receives the right to choose which parent he wants to live with, and can choose a father. Therefore, if you did not manage to get custody of a small child, do not lose touch with him later - there is a chance that he will choose life with you.
