- Divorce when there is a dispute about children
- How to dissolve a marriage if there is a dispute about children?
- Divorce if there is a dispute between spouses about who the child will live with
- Who will the child live with after the divorce?
- Divorce with children
- Can a child stay with his father after a divorce?
- Establishing a procedure for communicating with a child
- Restoring the right to communicate with a child
- Conclusion
- Services of a family lawyer
Divorce when there is a dispute about children
If spouses have common minor children, then, as a general rule, divorce occurs in court. Which court to file for divorce depends on whether the parents have a dispute about the place of residence of the children or not.
Most often, children remain with their mother, but in some cases the court may decide in favor of the father.
In any case, each parent has the right to participate in the life of the child, so it is necessary to determine a schedule for meetings between children and their father (or mother) who live separately. Even if a parent has been deprived of parental rights, he has the right to restore the right to communicate with the child if he changes his lifestyle.
How to dissolve a marriage if there is a dispute about children?
The Family Code of Ukraine establishes a mandatory standard for divorce procedures when spouses have common minor children. In this case, divorce is possible only in court.
There are exceptions to this rule in the legislation, provided for by the Family Code of Ukraine. One of the parties can file a divorce in the registry office without the consent of the man, and even if the couple has minor children, if:
- One of the spouses was declared incompetent by the court.
- One of the spouses was declared missing by the court (or declared dead).
It is impossible to dissolve a marriage if the wife is pregnant or the spouses have a child under the age of one year.
Also, an exception to the rule is provided if the child is not common (related exclusively to one of the spouses, for example, an unadopted child from a previous marriage), in which case divorce is possible through the registry office with general consent.
If the child was adopted by the spouse (wife), then, despite the fact that he is not a blood relative of his stepfather (stepmother), the child will be considered common. This means that the marriage in this case can only be dissolved by the court.
Divorce if there is a dispute between spouses about who the child will live with
As a general rule, statements of claim are sent to the defendant’s place of residence. However, if the plaintiff is a father with whom minor children live, then he has the right to file a claim at his place of residence.
That is, the case will be considered according to the rules of alternative jurisdiction.
It is necessary to go to court if the spouses do not come to a common opinion about the child’s place of residence and the procedure for communicating with him. In addition, you will need to contact the district court in the following cases:
- if spouses share jointly acquired property;
- if necessary, confirm or deny paternity (maternity);
- if it is necessary to resolve the issue of limiting or depriving the second spouse of parental rights.
Who will the child live with after the divorce?
If your man is against the child staying with you, divorce is only possible in court. The judge will hear the arguments of each party, as well as the child’s opinion, and make an appropriate decision.
For filing a claim to determine the place of residence of a child, the court fee is 908 UAH. 00 kop. If the claim is satisfied, the court fee will be collected from the defendant. If the claim is denied, then the specified amount will not be returned to you.
Divorce with children
The child’s place of residence is determined either in court or by agreement of the parents. A parental agreement is the simplest and most convenient option, which does not require the involvement of strangers, prioritizes the divorce process and allows you to maintain good relations between the child’s parents. If parents cannot peacefully resolve a dispute about their children, then they must go to court.
As a rule, the minor is left to live with the mother, but the father has the right to actively participate in raising the child. The court needs to carefully consider all the circumstances of the case and decide with whom the child should stay. The court must consider the following factors:
- Child’s age.
- The child’s commitment to each parent and to other siblings in the family.
- Moral, moral and other significant personality traits of each parent.
- Relationships between children and father.
- The ability of the father and mother to create the conditions necessary for the normal upbringing and development of the child’s personality.
The last paragraph provides:
- Working hours, occupation of father and mother.
- Financial (material) situation of the father and mother.
- Father’s marital status and other incidents.
When a child reaches 10 years of age, the court takes into account his opinion regarding which parent he would like to stay with. At the same time, the child’s desire is not the main argument for the court: if during the hearing it turns out that the child wants to live with his father because he allows him to eat chips and stay up until two in the morning, then the judge will make decisions taking into account other significant factors .
Can a child stay with his father after a divorce?
According to statistics, in Ukraine a child is left with his father after his parents’ divorce only in 10% of cases. This is possible if:
- The mother herself agrees to leave the child with the father, that is, there is a voluntary agreement between the spouses, which will be approved by the court.
- The child’s mother is unable to fulfill her parenting responsibilities due to excessive drug or alcohol use. This can be proven with the help of medical certificates, witness statements, and so on.
- The mother has great financial difficulties. In this case, the court must compare the financial status of both parents, and also find out whether they have their own housing.
- The mother suffers from mental disorders or has limited legal capacity.
- The mother fails to cope with her responsibilities in raising and maintaining the child: she leaves him unattended or resorts to violence. The court will take into account the degree of responsibility of the parents. An irresponsible mother will not be able to obtain the right to raise a child.
- A child who is older is strongly attached to his father.
- Conclusion of the guardianship and trusteeship authority in favor of the father. The judge should be presented with an inspection report on the living conditions of the child and the person applying for upbringing, as well as a conclusion on the merits of the stated requirement. These documents will also be taken into account by the court.
If you need to resolve the issue through the court, you need to collect as many documents as possible, checks, various receipts, letters from the mother, official requests to government agencies, bank statements confirming the efforts of the father. Testimonials and other evidence are also important. Based on this, the court will decide with whom to leave the child.
Establishing a procedure for communicating with a child
According to the Family Code of Ukraine, spouses of parents can take equal part in the upbringing of their minor child. Parents have the right to independently decide on issues of upbringing and communication with children (oral and written agreements). But it happens that the presence of conflicts between parents forces them to go to court to determine the order of communication with the child.
A statement of claim to determine the order of communication with a child is filed by one of the parents living separately from him. The plaintiff must propose the order of communication that, in his opinion, will be fair. He must convince the judge that the schedule he proposes will not harm the child: it does not disrupt the child’s routine, it is realistic and meets his interests. The claim specifies certain days and hours of communication, as well as the procedure for communication during holidays and vacations. Often, the defendant may file a counterclaim, requesting a reduction in the time allotted for communication, and also propose his own schedule.
In these trials, guardianship and trusteeship authorities must be present and give an opinion. Representatives of the service must visit the parents’ places of residence and then provide the court with their findings. In addition, interviews are held with both parents. Often the court involves an expert psychologist in such cases, who makes a conclusion, while clarifying the significance of the child’s communication with each parent.
After studying the case materials, the parents’ explanations and the conclusions of the guardianship authorities, the district court makes a decision. The proceedings usually last several months. In addition, the court has the right to invite the parents to reach an agreement, and the parents can sign a settlement agreement. However, in case of violation, each party may contact the bailiff service for enforcement. In fact, forced execution in such cases is fairly and poorly tolerated by both children and parents.
Restoring the right to communicate with a child
The father has the right to restore the right to communicate with the child. You can achieve what you want through the court by filing a statement of claim. This is done in two cases:
- The father decided to change the terms of the agreement with his wife on the procedure for communicating with the child or the court decision.
- A father who has been deprived of parental rights wants to resume communication with his child.
The first option is possible if the conditions under which the preliminary decision was made or the agreement was concluded have been significantly changed. The reasons for changing the order of communication with a child can be different: a change in the child’s status (he went to school or got sick), a change in the child’s living conditions (moving to a new place of residence and increasing the distance between places of residence), changes in the second parent (father or mother began to travel frequently). on a business trip) and other reasons.
Deprivation of parental rights is not a permanent decision and can be reviewed, which means the restoration of the right to communication is possible. To do this, a person deprived of parental rights must change his behavior, antisocial lifestyle, attitude towards the child, get a job, and more.
In a statement of claim for restoration of the right to communicate with a child, it is necessary to substantiate the reasons for changing the established order, that is, you need to prove the validity of your demands. The statement of claim is filed with the district court at the location of the defendant; in addition, documents confirming the claims must be added to the claim. If the court considers the plaintiff’s evidence and arguments sufficient, then it can restore the right to communicate with the child.
Conclusion
If there is a proposal for children, the marriage is dissolved in court. The child will most likely remain with the mother, but if there are more advantages to leaving the child with the father, then the court may side with him. Parents determine the order of communication with their daughter or son by agreement, otherwise the court does this.
If a parent has been deprived of parental rights or limited in them, he can file a lawsuit to restore the right to participate in the life of the child. The court will grant the request only if the plaintiff’s behavior and image have truly changed.
Services of a family lawyer
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