How to divide children in a divorce
How to divide children in a divorce
Divorce is a serious test not only forspouses, but also for their children. The procedure for the dissolution of marriage is regulated by the Family Code of the Russian Federation. The law also aims to protect children so that their situation remains as stable as possible, and changes in the family have left no serious imprint on their future.
Instructions
1
The procedure for divorce in the family, where there is a minor child, is carried out only in a judicial procedure. The question of who will remain with the children will also be considered separately in court.
2
Spouses can come to an agreement on their ownabout whom the child will remain with, and where he will live. If the agreement is not drawn up, the matter is decided by the court on the basis of the available data on each of the parents. Also, the court may intervene in the matter of the place of further residence of the child.
3
After reaching 10 years, the child has the rightto express in court his opinion about which of his parents he would prefer to stay with. However, the decision of the son or daughter may not be taken into account if he is unable to explain the reasons why he refuses to live with his mother or father.
4
The decision to leave the child with one of theparents is based on his affection, age, personal qualities of the parents, the relationship between them and the child, as well as the opportunities for each of the family members to create conditions for its further development.
5
Special rules on which the child remainsonly with the mother or with the father, does not exist. After the divorce, each of the parents has the right to raise their child and communicate with him. Both parents have legal equality.
6
Parents can enter into a regime agreementcommunication with the child. If the mother or father living with the child hinders the implementation of this agreement, the child can be transferred to the parent, who by court order resides separately.
