Who remain minor children when the parents divorce, who remains in a divorce a little child whom the court leaves the children after divorce, children in divorce in Russia
Divorce in families in which there are minor children, must be made through the court.
Who divorce have children under the law?
The family code only formally, and with only ten years of age, allowed the children to decide which parent they will remain after the divorce. But this does not deprive the parents themselves, have preserved a neutral attitude, to make a decision.
In fact, by law, parents with young children, can agree among themselves who will remain their child after divorce. And after making that decision – to fix it, execute the settlement agreement or putting the court on notice about him upon divorce.
Does the opinion of the child when the parents divorce?
In each individual case, judges take into account the point of view on this question, not only the parents and their minor children. The views of children, under 10 years, it appears from their words, the findings in relation to younger age children makes examination or the court with the participation in the process of a child psychologist.
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With whom the court leaves the child after the divorce?
As a rule, in 95% of cases in Russia minor children still reside with the mother.
But the question of who in the divorce leave the child for upbringing plagued every good parent. Jurisprudence does not give us a clear answer to these questions. Each case is different and very complicated. The legislation requires the court first to put the interests of children, but how does it perform in practice?
One of the most important factors are the circumstances of your previous family life as the amount of time spent by the child with each parent, to whom of them the more attached. Most often the parent is the mother, but there are exceptions to the rule.
In the decision the judge will assess the degree of employment of each parent, i.e., how much they will have free time to spend with his children. There is no detail, so in the course of the hearing will be:
dubbed characteristics with places of work;
studied financial situation and living conditions of each parent;
heard the neighbors, depending on the age of the child teachers or kindergarten teachers;
special attention will be paid to the moral qualities of the parents, who are prone to alcohol or gambling father is almost no chance of leaving the child with him.
Therefore, parents should take care that a child psychologist, a teacher from the school or the teacher from the kindergarten were invited to the hearing. If necessary, the court can invite them by sending them a court summons, but you need to apply in advance.
Why divorce child remains with the mother?
Note . most often children under the age of six, left to live with his mother. It is believed that kids at this age needed a mother’s care. The exception is if the mother is seriously ill, is drug dependent, or leads an immoral life.
When deciding on how to divide the children, a judge will decide and determine the living conditions and material welfare of children, and the “losing” spouse will make the recovery of maintenance obligations. If you have any difficulties with the collection of child support, as part of our special program “Alimony? – Brainer! ” experienced lawyers will provide alimony to a former spouse in full. Call now +7 (495) 722-99-33, introductory phone consultation is free!
Naturally, no one restricts the other parent in allocating additional funds for the treatment, maintenance or any other child’s upbringing. If necessary, you can each other accountable for spending of the money spent on the child or by agreement jointly to spend time with him, forgetting their differences for the good of the baby.
How to speed up a section of children in a divorce?
Spouses beginners the divorce process need to be taken into account that the separation of children in divorce if there is a conflict between the spouses, may extend over several months.
At the same time all this is very painful is perceived by parents and children for whom this is a very serious challenge and a heavy blow to the psyche. In order to accelerate the solution of this issue and to minimize participation in trials, it is advisable to seek the assistance of an experienced lawyer from our company. To make it better at the stage of filing a claim or even after conflict: competent advice will help simplify life in the future.
Here are some reasons why you need to consult a professional:
the competent preparation of the statement of claim alone is a rather complex task, and the mistakes can delay the process of divorce and can deprive you of access to children;
you incur the financial costs of your claim are compensated played with the hand, but no one compensates you time and hassle;
after a professional analysis of the situation, the specialist may find a way to solve your problem without conflict with the interests of, both you and your children.
Remember that the cessation of marital relations between the spouses with dependent minor children, is always very stressful for parents and especially for the kids. Professionals from ICPS Law planet ready to provide you with all necessary legal assistance and solve problems arising in the process of divorce, disputes about children with the lowest moral and financial costs, both for you and for your child. And with a special program “Divorce through the court without the presence of” all you need is a minimum participation! Do not injure their children, do not go on about the emotions.