How to take the child from the wife in the event of divorce

Family law > Divorce > How can a child be exonerated from a wife in a divorce?

2023 statistics show that out of 10 divorced couples, in 9 cases the child remains with the motherWhy is this happening?

First, because the heads of the family don't want to fight in court to raise their child, and secondly, because the case law is such that the child is given to the mother by default.

However, there are cases where a father wants to raise a child at all costs and sue the mother, so this material will be devoted to the subject of how to leave the child with the father in divorce.

For what reasons may a father wish to take up the miracle in his upbringing

It has been proven that there are three reasons for dad to decide to take the child from the parent:

1. Fatherly loveThere are proactive fathers who love children madly and want to take care of their magic every day by participating directly in their upbringing.
2. RetaliationAll fathers understand that a mother will experience a truly severe suffering when she is taken away from her child, and it is often because of revenge that the father takes the lead in the fight for his offspring.
3. Child safetyIf a parent behaves in a debauchery, the father may wish to take the baby away from the negative influence.

Even if the abused father is planning to avenge the mother for leaving her family, these emotions should never be accompanied by the desire to break the child's affection for Mom.

If, on the other hand, the father's desire is explained by limitless love, care, and constant participation in the child's upbringing, you can go to the court.

But it should be prepared in advance that the court will protect the interests of the child, not the ambition of the parents.

What father ' s rights to the child after divorce under the Family Code

In order to talk about judicial practice and the chances of a father fighting for a child, it makes sense to refer to documents that spell out the rights of the father and mother.

Family relations, parents ' responsibilities and their rights with regard to the child are described in the following paragraphs:

• The Declaration on the Rights of the Child, adopted on 20 November 1959;
• The Family Code of the Russian Federation;
• The Russian Civil Code.

The Family Code of the Russian Federation states that a father has the same right as a parent to:

• The upbringing of the child;
• Meetings with him (if separation occurs);
• Participation in the child ' s life;
• Information on the state of health and the level of education of the child;
• Protection of the interests of the child in State bodies and courts.

All these paragraphs indicate that even a father's separation from his offspring does not deprive him of the right to see him, spends a great deal of time and raises him.

Can the father sue the child from the mother in the divorce?

Although legislation speaks of the equal rights of a parent and a parent to his or her witch, no legislation explicitly specifies who the child should remain with after the dissolution of the marriage; this is a matter that is always decided in private by the courts.

In such cases, the judiciary is guided by the principle of equality of parents in their rights.

In doing so, the court always draws attention to:

1. Mother ' s and father ' s moral appearanceFemida officials carefully study the tastes of each parent, their inclinations, their way of life, their interests, these factors are important because they influence the child ' s way of life.
2. Material position of each of the parties to the disputeThis factor helps to understand which parent will be able to fund the child's needs for clothing, treatment, recreation and recreation.
3. Physical and health conditions of each parentThese factors are important for a court to understand which parent can best care for the Chad and promote its development.
4. Level of affection of a small citizen to each parentIn the case of a child who celebrated his decade, Femida's servants always wonder which blood parent he sees himself with.

How can a father be tempted by a court of law?

Lawyers recommend to fathers, in accordance with the long-standing jurisprudence and the four paragraphs described above:

1. Think about your moral appearance.The court will consider the father ' s reputation to be pure if there is no evidence of alcohol abuse, visits to nightclubs, etc. The father shall not be the source of scandals or rudeness; the court will certainly want to know the father ' s attitude towards neighbours and colleagues; it will clarify the impression of the child ' s educators/teachers; after divorce, the father is obliged to communicate with the former spouse in a respectful manner and to take care of the children.
2. Think about your material side.A household to which the head of the family wishes to bring the child must meet the key needs of a small person.
3. Address health problems if they existThe Court ' s representatives would be interested to examine the medical commission ' s report, which should indicate to the Court that the father does not have dangerous and severe chronic diseases.

An important moment! If a child has reached his decade, the court will certainly ask who he wants to live with.

• When it comes to the child's opinion, fathers usually think that the child's opinion can be bought with exciting rides and expensive gifts.
• With this in mind, the court will take into account all the actual expressions of the father ' s concern for the veil (the court will see how active the father was in the education and upbringing of the offspring, how often he accompanied his baby to kindergarten/school).
• The degree of the child's proximity to the pope will be determined by the teachers together with the psychologists.

Opinions generally accepted and case law

There are two different opinions in society.According to the first, a mother must raise a child because only she can feel what the child needs at each stage of his maturity.

The second view is that money is the responsibility of everyone.And since dads usually get higher wages than moms, they get a better chance to sue the baby.

In what cases does the child stay with the father in the event of a divorce?The father can sue the child from the mother if the parent is not only very poor but also has an inappropriate lifestyle and has, for example, a health problem.

If the mother has short-term financial difficulties after the decree but is responsible for her parental responsibilities, there is a great chance that the court will be on her side and leave the child behind.

And a good father's earnings will always be taken into account by the court in calculating the amount of maintenance.

How do you exonerate a child from a wife in a divorce?

Since the court would decide on a complex matter such as the child ' s fate and place of residence, it was necessary to be prepared for a lengthy trial.

Father should act in such a manner:

• To file an official action for the dissolution of the union;
• To request the determination of the place of residence of a small citizen with the father and also to prescribe a claim for maintenance from the mother;
• Consider the arguments that it is planning to operate with;
• Supporting their claims with documentary evidence, inviting witnesses;
• Pay for the government service;
• To attend court hearings in person;
• To obtain the final decision of the court.

What particulars should be included in the statement of claim

The claim must be illustrated by such information as:

1. Name of the court.
2. The FIO, the specific address of residence given by the plaintiff, who will in this case be the father, and the defendant, who will be represented by the mother.
3. Information on the conclusion of a marriage and its dissolution.
4. The information about the child is the FIO, the date of his birth, the address of his residence.
5. The list of arguments on which the father relies in his claim to take away the miracle from the mother.
6. References to full evidence.
7. References to legislative provisions that demonstrate the validity of claims made.
8. Court requirements: To identify the place of residence of the child with the father, to claim child support payments from the mother, and to specify the manner in which the parent communicates with the child.
9. Please specify the list of annexes.
10. Specify the exact date.
11. Put your personal signature on it.

The statement of claim should be accompanied by:

1. Passport.
2. Marriage certificate and divorce certificate.
3. A certificate proving the birth of a child.
4. A certificate taken from the ZEKA about the address of the place of residence.
5. Dad's income certificate from his place of work.
6. Bank statements.
7. Social security certificate.
8. Papers proving father ' s ownership of certain movable and immovable property.
9. Documents illustrating the fact that housing surveys have been conducted.
10. Medical certificates showing the father's state of health, as well as certificates showing that the father is not addicted to alcohol, does not use drugs or has mental illness.
11. Features of the place of employment, characteristics from neighbours, friends, teachers/teachers.
12. Other papers.

In short, the father must provide the court with an impressive package of papers and with evidence proving the father ' s high moral character and active participation in the child ' s upbringing and life.

If the father wishes to bring the negative qualities of the mother to justice, he must arm himself:

• Medical reports on chronic diseases, alcohol/drug addiction of a parent;
• If the mother has served her sentence, a certificate from such an institution will be necessary.
• The testimony of witnesses proving the immoral behaviour of the mother;
• Documentary evidence of a mother ' s addiction (game, shopping);
• Information on the existence of close relatives with serious mental illness, dangerous dependence and suicidal tendencies in the former spouse.

The court does not accept gross attempts to decorate itself by discrediting the opponent.

The court doesn't find out which one of the two parents is better, he's protecting the interests of a small citizen.

The outcome of the case depends directly on the credibility of the arguments in favour of the child ' s living with the father, and the court will also take into account the credibility of the documentary evidence of the claims.

It is possible to collect papers and prepare them for transfer to a court of law, and it is possible to engage a lawyer who specializes in family matters.

Where exactly should a claim be filed?

1. The dispute over the determination of the place of residence of the offspring is always resolved with the compulsory participation of representatives of the guardianship authorities as well as the guardianship authorities.

2. Psychologists and psychologists as well as teachers are often involved in clarifying additional questions (their assistance may be necessary when asked who the young citizen wants to live with).
3. The interview of a specialist may take place both in the courtroom and in a calm and contactable environment, without psychological pressure from the Pope/Mom.
4. The decision of a child who has reached the age of 10 can be decisive when the court questions which parent will be the best for the child.
5. But this does not mean that the decisions of a minor (not always fully informed) will be taken into account by the court.

Judicial results of recent years

The analysis of court decisions on the determination of the child ' s place of residence gives such statistics:

1. Fathers and mothers apply to the court for a determination of the child ' s place of residence in approximately the same proportion, and fathers are twice as likely to make such claims in the form of counter-claims (i.e. in response to an intention to dissolve a marriage or in response to a request for alimony payments).
2. A third of the cases are resolved through peace agreements, waivers of claims, and there are cases in which the case is dismissed because of the father ' s failure to appear before the courts.
3. A little less than 60 per cent of the cases brought by fathers end in their favour, but if a parent wishes to sue a father to whom the court has previously determined a child, her claims are met in 80 per cent of the cases.
4. Only in 2 per cent of cases does the court decide on the separation of the parents after their divorce.

When considering how to take the child away from the father's mother after a divorce, consider all the benefits and disadvantages of such an arrangement.

After all, it is not always possible that a child whose father has taken care of her will feel completely happy without her mother and her mother's warmth.

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How to take a child from a wife in a divorce

The spouses who are in the process of divorce are forced to resolve many property and guardianship issues.Most often, couples are confronted with the need to determine the order of residence of a common child, and each parent is trying to understand,How to TakeIt is possible to resolve the issue of guardianship both independently and through the courts by filing a claim.

How to Retrieve a Child From a Wife in Divorce

According to family lawin RussiaHowever, the jurisprudence of the Russian Federation shows that in most cases the authorized authorities leave the child with the mother and that the father is allowed to communicate periodically with the Chad.

The Father's Actions to Defend the ChildIn the mother's.

In order for the child to legally live with the father, the latter must:

1. An agreement must be made with the former spouse: the document must specify the issues of the child ' s residence, upbringing, maintenance and education; the agreement is permissible in two forms: oral and written; in the first case, the parents must confirm the existence of certain joint decisions during the court hearing.
2. If it is not possible to draw up a contract, the father must declare his claim before the court; the father, who is the plaintiff, must indicate in the claim his intentions towards the child.
3. To provide the court with a package of documents confirming the existence of satisfactory housing conditions, sufficient time to raise the child and the possibility of maintaining the Chad; the documents will be: a certificate of ownership, a certificate of income from the workplace or a certificate of business activity.
4. A request for the involvement of the guardianship authorities should be made, and copies of the documents confirming the satisfactory financial situation of the father should be made available to the court in advance.
5. To collect and document evidence of the father ' s good parental qualities; relatives, child educators, social workers, child psychologist and other persons close to the minor have the right to be witnesses.
6. To collect reports confirming the mother ' s health problem, her poor financial position, bad habits or debauchery, and the father will have to provide these papers during the court hearing, which are the most powerful arguments in court, since the public authority is not entitled to leaveChildrenWith an unhealthy parent who sets a bad example.

Preparation of court documents: necessary action

A father who has decided to dismiss a child needs to prepare himself carefully for a very difficult trial.In general, the scheme for initiating divorce proceedings is as follows:

• The filing of a claim with a statement of claim;
• The filing of an action for the recovery of maintenance from the mother;
• Collection of all necessary documents and evidence;
• Payment of State duty in the amount provided for by the CNC of the Russian Federation;
• Direct participation in court proceedings;
• To obtain a decision from a public authority.

Processing of the claim and preparation of the remaining documents

The application from the father must contain:

• The name of the judicial authority to which it is sent;
• The details of the plaintiff and the defendant;
• Marriage documents;
• A certificate of dissolution of marriage if the procedure for the minor ' s residence is determined after the divorce;
• The complainant ' s arguments and evidence of his right;
• Court requirements.

A list of the following documents should be attached to the claim:

• A citizen ' s certificate;
• Income certificate;
• The birth certificate of the child;
• Exit from the place of residence;
• Documents confirming the right to own property;
• Medical documents confirming the existence or absence of psychological illness and dependence;
• Testimony of colleagues, teachers and other persons with knowledge of the situation in the family.

Suiting: place and method

The completed statement should be delivered to:

• To the court of the peace if an agreement is reached between the spouses;
• to the District Court if the parties do not agree.

It is possible to submit a claim:

• On its own;
• By sending the document by mail;
• through a person representing the claimant ' s interests and having notarized power of attorney.

Factors taken into account in court

The competent authorities shall pay particular attention to the following factors in the court hearing on determining the minor ' s place of residence:

• The age and sex of the child;
• A minor ' s attachment to his or her parents and relatives;
• Personal qualities of the parties;
• The lifestyle and state of health of the parents;
• The financial situation of the spouses.

Statistics on divorce proceedings with children show that:

• Most infants and pre-school children are left with their mother;
• Most boys are given to their fathers and to their mothers;
• Fathers have a better chance of keeping the child with them if the latter is 10 or more years old.

For minors aged 10 or over, the court has the right to order a forensic and psychological examination, and the decision on the manner in which adolescents live is determined by, inter alia, their own opinion and the opinion of a psychiatrist.

At the end of the day, is it possible to convict a child from his wife?

Divorce statisticsAmong couples with children, it shows that 90 per cent of minors are left with their mothers.

However, this practice does not mean that the father is unable to obtain a judgement in his favour.

If a man provided strong arguments, such as a certificate of illness or dependency of the former spouse, the court would leave the child with him with a high probability.

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How can a father take his son or daughter away from his ex-wife?

It is believed that after a divorce, a common child must stay with his mother, but the father has only to pay alimony and be content to communicate with his daughter or son on weekends.

It is generally accepted that the court leaves the children to the father only if the mother voluntarily agrees to do so, or if she is unable to raise them and provide for them, behaves inappropriately, abuses alcohol and alcohol, fails to work, is mentally unstable, but even in such behaviour, the former spouse has to fight for his child. In other cases, the father does not actually have a chance to sue the child. Is this true or is this the wrong view?

Is it possible to subpoena a child from an ex-wife?

First of all, let's look at dry statistics, and not long ago, the authorities conducted a census of families with children whose parents divorced.

• Single mothers with children account for 9.7 million;
• Single fathers with children - 1.3 million.

As you can see, the number of fathers with whom the children are left after the divorce is not very small; almost ten million mothers, over one million fathers; it is also worth noting that not every father has the initial desire to raise his or her own son or daughter; and after winning, a single parent has a lot of work to do.

Thus, it is imperative for a father to fight for his own children.

Now let's see what the case law shows.

A summary of the cases found that, from 2008 to 2010, courts in all regions tended to leave children with their mother, but that practice had changed since then, with more judges determining the place of residence of minors with their father, a trend that continued.

Equality of spouses in determining their children ' s place of residence

In matters relating to the upbringing and maintenance of minor children, the law grants the father and the mother equal rights and duties.

• To raise a child of their own;
• To see him at any time (even if he lives separately);
• To participate in his life;
• To receive information on the health, education, upbringing and development of the son or daughter;
• To represent the interests of the minor in the organs of the State.

However, the Declaration of the Rights of the Child of 20.11.59 states that a child cannot be separated from his or her mother.

The same Declaration states that children should be raised in an atmosphere of love, receive moral support and be ensured.

In addition, the child must be guaranteed full development and education.

A similar position is set out in paragraph 5 of the Order of the Plenary of the Supreme Court of 27 May 1998, which lists the circumstances that the courts are obliged to take into account when deciding on the place of residence of the children, which means that the former spouse does not have priority in determining the place of residence of the son or daughter.

More about the rights of parents to children after divorce, we explained in this article.

Why should the child stay with the father?

Before we tell Dad how to sue the child from his ex - wife after his divorce, we'll figure out the reasons why the son or daughter should stay with him.

• Parental love — a father loves a child, feels strong affection, wants to care for and participate in his development and upbringing, and at the same time realizes that after his divorce, he has been granted the status of "incoming" dad.
• The ex-wife's revenge is his parents divorced with a scandal, and the man wants revenge on the former second half, and it's clear that the interests of the children aren't taken into account.
• The child's safety — a mother behaves immorally, physically, and spiritually, will suffer if he stays with her.

A father who thinks first of all about a child cares primarily about his mental state, and realizes that breaking his attachment to his mother is not the best solution, but rather to love, care, and financially support children does not have to live with them.

However, life situations are different: if the former spouse is unable to care for the child and ensure his full development, the father must demand in court that his place of residence be changed.

Determination of the child ' s place of residence in court

As mentioned earlier, the legislator establishes the principle of equality of parents, but the law does not define the main question of who should the child remain with after divorce?

In making the decision, the judge shall be guided by the principle of equality of parents, but shall, however, thoroughly study...

• The moral appearance of the father and mother- the nature, the range of interests, the addiction, the way of life, that is, all the factors that may affect the development of the minor;
• material advantage -Whether the father and the mother can provide the children with all the things they need: under what conditions the children will live, how they will eat, what they will walk in, how and where they will rest;
• Parental health -Whether there are chronic diseases, whether they will be able to raise and maintain a son or daughter up to their age;
• the child's opinion –The degree of commitment of the child (especially when he or she is 10 years old) is important.

So the decisive factors for the court are the moral character of the parents, the financial means, the state of health, the child ' s own opinion, so that a father who wishes to sue his son or daughter from his ex-wife is obliged to present his best interests:

• Moral qualities.Dad's reputation must be impeccable. If a father drinks and smokes, scandals, gets involved in conflict situations, leads an immoral lifestyle (at night, has occasional connections), all this must be excluded. It must be borne in mind that the judge may ask for the views of neighbors, coworkers, educators, and teachers – the impressions of a father should be the most favourable.
• Financial opportunities.If the father's earnings leave much to be desired, there is a need to find a new job or an additional source of income; the court draws attention to the conditions under which the parent lives – whether the housing meets the basic needs of the minor.
• No health problems.Medical certificates could be submitted to the court indicating that there were no chronic diseases.

Among other things, the support of a son or daughter (if he or she has reached the age of 10) should be sought; the judge may call the child to the hearing and ask for his or her opinion; if the child or daughter is under the age of 10, his or her wish shall not be taken into account.

It seems easy to get the support of a son or daughter – to buy a bright toy or sweetness, to ride on a ride or to go on a vacation... when comparing a happy and happy Sunday dad with a tired and busy mother, the latter clearly loses – at first sight, the children will be better off with the dad. But the court is based not only on the child's opinion, but primarily on the real concern – whether the parent is involved in the upbringing, whether the school, the club, or the section, how much time it takes to communicate.

In article, Determination of the child ' s place of residence after the divorce of the parents, we explained in detail the factors that influence the court ' s decision.

Rich dad or caring mom?

There is a belief that the court leaves children with a more secure parent, a myth, that the father ' s own financial capacity cannot be a clear reason to leave him with a son or daughter.

• The court will go to the father's side if it is established that the mother has not only financial problems, but behaves immorally (an abuser of alcohol or a debauchery) or has health problems (a person with a disability is registered as a mental patient). In other words, there are several negative factors at the same time.
• The court will leave the baby to her mother if she carries out her duties in good faith; even if there are financial difficulties (for example, the mother was in a decree), but she is healthy, able to work and planning to get a job, there is no reason to take the child.

A rich dad usually doesn't have the time and opportunity to participate personally in children's lives – many relatives and babysitters come to his aid, but he can't be prevented from providing financially for the baby.

In the meantime, the former spouse was given the opportunity to care for, participate in the upbringing and development of a common child, so there was no point in invoking financial opportunities as the only argument in his or her favour.

Of course, high incomes are important, but there are other important factors besides them — care, affection, having brothers and sisters.

How do you convince the court to take the child away from the ex-wife?

The proof that a son or daughter must live with a father is...

• Negative feedback from acquaintances, neighbours, colleagues that the former spouse is immoral;
• The child ' s own story that mom ' s (or her relatives ' ) behaviour is aggressive or unstable;
• The fact that the mother is irresponsible (for example, often changes jobs or does not want to work, changes, deceives and so on);
• The information that the former spouse spends money, is addictive and dependent, and there is a suspicion that all money will be spent on her needs;
• A description of the data from official sources (the characteristics of the district inspector, drug and psychoneurological check-ups, guardianship authorities, etc.);
• The evidence that any of the immediate relatives of the former spouse had a mental illness, was prone to suicide, and served their sentences in places of detention.

Each point must be confirmed by official documents, testimony, expert opinions and psychologists.

Note that the information obtained from Internet sources is evidence. All the recordings that appear on the Internet (social media, forums, correspondence) are officially recorded and used in court proceedings.

For example, the former spouse rewrites with other men, describes his social behaviour on social media, and threatens the former spouse or his relatives.

These texts should be notarized and brought to court as evidence.

How to Defend Children?

If the father wants to take the child away from the mother, the following actions must be taken:

• Formulate and file an application for divorce;
• Include in the application the requirement to determine the minor ' s residence with the father, as well as the recovery of maintenance payments from the mother (two separate claims may be filed);
• Collect documentary evidence, obtain witness support;
• To pay the government fee;
• To participate in court hearings;
• Get a court decision in hand.

Statement of claim, required documents

The claim shall contain the following information:

• Name of vessel;
• Data on the applicant and defendant – FIO, residence, contacts;
• Information on marriage and divorce;
• Data on the child - FIO, date of birth, place of residence;
• The circumstances of the case, the arguments;
• Reference to evidence that supports the claim;
• Reference to the law;
• Claims: determine the child ' s place of residence with the father, recover from the defendant ' s alimony, establish the procedure for mother and child ' s association;
• Register of attached documents;
• Date, signature.

• Passport;
• Certificates: marriage, divorce, birth of a minor;
• Reports from the management organization on the child ' s place of residence;
• Income statements;
• A discharge from the bank;
• Social security certificate;
• The legal documentation of the property owned by the father;
• Housing survey certificate;
• Checks of health facilities;
• characteristics and so on.

What must be done to exonerate the child from the mother?

If the father has decided to raise the child on his own, preparations for litigation should begin well before the divorce proceedings are filed.

First of all, find a lawyer or a lawyer who provides services in civil law, then think about what kind of father has an advantage over his ex-wife.

To answer the question: Why should a son or daughter live with a father rather than with his mother after a divorce? It must be proved to the court that the father would take better care of the child and raise him than the ex-wife.

However, it is necessary to try (as far as possible) to maintain a good relationship with the wife, her family and, of course, with the children; on the one hand, it is difficult to maintain such a balance, but the father will have a very good chance of winning.

If the parents agree on which children will remain after the divorce, there is no point in going to court; the agreement needs to be documented; the agreement on the child ' s place of residence; we have discussed this in more detail in this article.

Can a father sue a wife for divorce in Russia: how to take a child to himself and do it correctly + 7 helpful advice

If a family who has decided to divorce brings up one or more children, the court shall decide on the dissolution of the marriage on the application of the party concerned or on the basis of an agreement between the parents to determine the future residence of the son or daughter.

Stereotypes of our society are such that the child usually continues to be with the mother, but not all members of the strong sex want to put up with it, and then the question arises as to how the father can take the child away from the drinking mother and do so legally, without forgetting the interests of the children themselves.

In this article, we will tell you everything your father needs to know in order to take your children to your care, including whether you can take the child away from your mother, and seven practical advices have been prepared.

If the couple don't have children and she's willing to break up, the simplest option is to go to the registry office, and then people will be free of family ties after one month.

Divorce can be arranged through the registry if the couple also have children.

But there must be a good reason for this.:

1. Second spouse's incapacity.
2. He's been reported missing.
3. The imposition of a sentence of deprivation of liberty.

Naturally, each of these facts must be confirmed by a court decision.

But let's go back to a divorce with children in court. If you want to get a divorce, you have to file an application for divorce with the justice of the peace. You can read it here in more detail.

Current legislation does not establish clear criteria for determining who children are usually left with after divorce.

If a child is a child, it is easier for him to stay with his mother.

There is another option to agree on how to communicate with and raise a child after a divorce, where parents can agree not only with the children and their place of residence.

The terms of the agreement:

• Mutual participation in the upbringing of children;
• Arrangements for meetings on weekends and holidays;
• The possibility of spending time with the child on vacation;
• Welfare, funding for education, recreation, treatment.

If there is such a document, the court shall take its contents into account when preparing the final text of its decision.

Parental rights after divorce

Despite the termination of legal family relations, each parent ' s rights to his or her children are fully preserved, and within the heading, we will consider what rights remain for children.

So here's their main list.:

1. The right to participate in the child ' s life, to raise him or her, to visit him or her, and to provide material support.
2. The right to receive grants from the State or local authorities, other forms of support for parents.
3. The right to maintenance in the event of reaching old age.

In the event of the death of a child, his father will be among the first inheritors.

The deprivation of parental rights does not relieve a person of maintenance obligations, and he must pay monthly payments as determined by the court.

Is it possible to exonerate the child from the mother?

I want to take my kids away from their mother, what do I do?

A general idea of how to take children away from a drunken wife in a divorce in Russia can be derived from the domestic Family Code.

Chapters 4 and 12 deserve special attention and describe the general procedure for the termination of marriage (including the fate of the child) and the rights of parents to children.

For example, one reason is the favourable living conditions that the father can provide, in which case the maximum set of documents to support these circumstances should be added to the claim or counter-claim.

Evidence for trial:

1. Income certificates.
2. Copies of tax returns (if the former spouse is engaged in individual business).
3. Existence of savings in banks.
4. Securities and shares.

The judge should also be informed of the availability of real estate, a car and other property.

The determination of the child ' s place of residence may occur at the same time as the divorce of his or her parents is decided.

However, the matter could be the subject of a counter-claim when the wife first appeared before the court, and the judge would issue a general decision on two applications.

After that, however, the father begins to experience every obstacle in his dealings with them.

In this case, the determination of his place of residence by the courts is the best solution to the problem.

In which cases the child stays with the father

There are several situations in which a man can retain his rights vis-à-vis the child, both in law and in fact.

Agreement on Education

In contrast to a maintenance contract or a marriage contract, this type of transaction can be entered into in ordinary writing, and it specifies in advance with which parent the child will live after a possible divorce.

This agreement will be accepted by the court as a guide if it does not infringe on the rights of minors; otherwise, the residence will be determined at the judge ' s initiative on the basis of a statement by one of the parties to the dispute.

Loss of parental rights

The proceedings may be initiated on the grounds and in accordance with the procedure laid down in articles 69 and 70 of the Family Code; the plaintiff may be both the father and the guardianship authority; if the public service in question has applied to the court, the father may act as a third party.

In doing so, he may present his argument that the child should remain with him, certificates, conclusions, other evidence, all of which will be useful at the trial stage.

Mother ' s inability to fulfil her obligations properly

How to take your son away from your wife? The child may be placed in the care of the father if the mother is unable to take care of the child due to the deterioration of the living conditions, the loss of work, the serious illness.

The same applies to the findings of violence against the son (daughter).

In order to file a claim, the father must collect a large package of documents to which he belongs.:

• Medical reports;
• Information from the wife ' s place of work;
• Local certificate (if unlawful actions against the child were the reason for the application to the court).

The list may be supplemented as the case may be.

Procedures for processing

To make it clear if the father can sue the child from the mother and how to take the children from the ex-wife in the divorce, let's give the order of action, which may include several consecutive steps.

• In order to determine where to go, first of all, the reasons for giving the child to the father should be outlined.
• For example, if they are due to the deprivation of parental rights, it is necessary to make a prior visit to the guardianship authority at the child ' s current residence.
• The specialists will interview the woman, examine the conditions in which the children live and give their opinion as to whether the child should be handed over from mother to father.
• The father must then apply to the district court in the mother ' s place of residence.

What documents do you need for this? Every situation is individual.

That's why we're bringing them to your attention.:

1. Evidence of marriage and its termination.
2. The birth certificate.
3. Documentary proof of the father ' s earnings and the necessary assets for the normal upbringing of the children.
4. Information about the ex-wife's financial situation and her earnings.
5. Medical certificates (if the father wants to take the child away because of the illness of the former spouse or the abuse of harmful habits).

The case must be prepared in copies not only for the defendant, but also for the custody authorities, the prosecutor ' s office.

What the Court calls attention to

There are several factors that the courts consider when deciding whether or not to hand the child over to the father.

For example, a study of a man ' s material and property situation, whether he has a permanent or a temporary income, takes note of the composition of the new family, since other people may reside in the living quarters of the parent.

When the father decides to take the child, he must take care of the evidence that the mother cannot pay due attention to the child's upbringing.

Such evidence includes::

• Information from the guardianship authority;
• Evidence of women ' s neighbours;
• Other materials obtained by legitimate means.

The judges also take into account the period of the marriage, because the short-term union may, from a subjective point of view, not be of benefit to the man, but the attention paid to the child is taken into account, but all must be supported by evidence.

Advice on how to behave as a father who wants to fight

As we promised in the introduction to this article, we would like to refer to seven recommendations for the protection of our own rights, which deal both with the judicial procedure for determining the child ' s place of residence with the father and with actions prior to her.

1. Collect all necessary documents

They must confirm the level of income as well as the availability of a comfortable environment for the further upbringing of children.

Examples include:

• 2-NDFL certificate;
• Housing documents;
• Information from the HEC or the management company regarding the size of the apartment and the number of people registered there.

It is desirable to provide medical certificates to the court confirming the absence of chronic diseases and harmful habits, such as alcoholism or drug abuse.

Written characteristics of the father from his place of residence and work will be of interest to the court as evidence.

Council 2: Contact the guardianship authorities

He is particularly useful when the father of a child wants to take him away because of the deprivation of his mother ' s parental rights, in cases where a woman dies or confesses to being incompetent.

The guardianship body is most likely to be involved in the upcoming trial, and it is therefore important to reconcile its own legal position with it.

In addition, the guardianship service may examine the father ' s living conditions and, as a result, issue an opinion to the court as to whether the child should be handed over to him.

3. Make a claim for the child ' s place of residence

This is the case in situations where the child is expected to be taken away after the divorce; if the divorce is still in progress, it is brought before the District Court; it does not require a public service because it is closely related to the protection of the interests of the children.

The question of the child ' s residence with the father could also be raised in a claim for the deprivation of parental rights by the mother, in which case the requirement for the child ' s or daughter ' s upbringing should be dealt with separately.

In any event, in an action, the father must prove that he is able to raise and provide the child properly, as well as to provide him with a decent standard of living.

Council 4: Collect evidence of your own involvement in the upbringing of the child

First of all, they include proof of maintenance payments (bank receipts, postal cheques, cash receipts of the mother).

And it's also useful to store documents to buy clothes, pay for treatment, go to movies, museums, and make videos where the father and the child spend time together.

Testimonial evidence will also be useful to confirm that a man cares about the child, including those that can be presented in court, both the grandmother and the grandfather of the child.

Council 5. Make efforts to sign the agreement

In some cases, there is a point in making all the agreements about the fate of the children in writing, without waiting to be brought before a court, in particular, the agreement may state that the child will remain with the father once all the divorce documents have been completed.

In this case, the father of the child should be prepared for a lengthy trial.

6. Seek qualified legal support

Life shows that not all fathers can effectively assert their rights in court, and therefore qualified legal assistance will not be hindered.

This is very important because the practice of other judicial institutions is often based on the practice of judges.

Besides, the lawyer has a psychological resistance to the other side's aggressiveness, and it often manifests itself in court proceedings, and there is no need for professional restraint.

7. Maintain regular contact with the child

In this way, he may still want to stay with his father on a subconscious level, and this factor can also be used in building a relationship with his son or daughter.

As we have already pointed out, if a child is 10 years old or older, he or she has the right to state his or her position before the courts as to where he or she wants to live, and if the judge fails to take into account the position stated, he or she must justify it in his or her reasoning.

This will enable the father to appeal the court ' s decision to appeal.

Final recommendations to the father of the child

We said that the father of a child should be taken into account in order to take him back to his home and raise him.

In some cases, the road will be long, as first cooperation with the guardianship authorities is needed, followed by a series of trials, not only in the first instance but also in subsequent jurisdictions.

In addition, cooperation with bailiffs may be required, usually when the mother does not want to give the child to the father voluntarily; sometimes there is a need for community services.

Anyway, dad needs to think about behavioral tactics, and we hope that our recommendations will help.