When the spouses dissolve a marriage or when officially undivided spouses live separately, they often have a question about determining the place of residence of a minor child. In such disputes, court decisions usually determine the child's cohabitation with the mother. But sometimes fathers immediately take their children to themselves and live with them, because both parents have equal rights and responsibilities in relation to the child. At the same time, a loving mother also wants to live with her baby. In such cases, the woman wonders how to sue the child from her husband.
When filing a lawsuit to determine the child's place of residence, take into account that the judiciary, when making a decision, is guided exclusively by the interests of the child and from the age of 10 take into account his opinion about the desire to live with this or that parent, and not the ambitions or desires of his parents. Factors such as the age of the child are taken into account; his affection for each of his parents, his sisters and brothers; moral and other qualities of parents; the opportunity for each of the parents to create appropriate conditions for the child for his development and education; the relationship between parent and child; as well as other factors that may be taken into account by the court, based on the characteristics of a particular case.
Contact the guardianship and guardianship authorities at the place of residence of the child, that is, the district or municipality in which the baby lives with the father. The guardianship authorities will be brought in by the court as a third party in one way or another, so it will be best for you if the staff of this institution will take your side and defend your interests together with you.
Provide characteristics from your place of work and residence. Let these documents show you as an employee as fully as possible, describing not only your business qualities, but also your moral and ethical appearance, as well as your communication with neighbors, participation in the public life of the courtyard and other "little things" that, in their totality, would characterize you as a wonderful person and a caring mother.
Invite the staff of the guardianship and guardianship authorities to conduct a survey of housing conditions in your apartment, although they themselves will have to draw up this document, but it is better if you take the initiative in this matter.
Take an active part in all aspects of collecting documents to resolve the issue of filing a lawsuit.
Do not show feelings of false shame and use witnesses to prove your own priority right to live with you child. These may be kindergarten teachers or teachers from the school your child is attending; housemates; out-of-school teachers your daughter or son is attending; parents of your child's friends. All these people will testify in court about how the child develops, how he communicates with peers and adults, about his attitude to each individual parent and the preferences of communicating with one of them (if any, they spoke to them), about his grooming and other necessary for the court intelligence
Make sure that those citizens who have information about the negative facts (if any) of the father's treatment of the child are also invited to court. In addition to testimony in such cases, it is necessary to provide documents confirming this: certificates from the trauma center, the conclusions of a child psychologist and others.
Do not despair if the financial situation of the child's father exceeds your financial position. This fact does not give him an advantage over you. When deciding on the determination of the child's place of residence, the court takes into account this circumstance only in conjunction with others.
Be sure to be present at every court session, no matter how difficult it may be on your part, since your absence in deciding such an important issue can be regarded by the court as indifference to the fate of the baby. If the circumstances are really objective (serious illness and the like), then try to notify the court in advance or send a lawyer to support your claim and represent you in court, giving him the right to represent your interests in the judiciary.