Place of residence for children after a divorce

Place of residence of children after parents divorce. The practice of definition and subtleties of the resolution of this issue.
  Children are said to be flowers of life. They live in their own world, have their own perception of everything that happens. This perception sometimes differs dramatically from the perception of the same events by older people due to the fact that the child lives in his own world.
  Often this world begins to crumble. And the most common cause of this destruction is the termination of parental relations, which entails the loss of the heir’s systematic communication with one of them. Plus additional negative points: the child got used to his room, loves her and he likes to spend time in it, and he is transported to another apartment, where he no longer has a separate room. Or he wants to stay with his dad, and give him to mom, etc.
  The purpose of this article is to help you understand the problems of determining the place of residence of heirs, after the termination of parental relations, as well as the legal aspects of these processes. In other words, how painless to carry out this procedure for a child, and how the law protects him in the implementation of this process.

The opinion of the heir is taken into account?
  A logical question arises, perhaps, in fact, the heir must be asked where and with whom he wants to live further? It seems to be correct. But the law does not quite agree with these and makes the answer to this question dependent on the age of the heir, as follows:

  • • Up to 10 years - the opinion is taken into account, but not a decisive argument;
  • • From 10 to 14 years old - opinions are obligatory, and reaching an agreement, elders should take it into account;
  • • After 14 years, you are entitled to resolve this issue on your own and determine which of the older relatives he wants to live with.

If there is no dispute.
  If there is a mutual understanding between older relatives on the issue of determining the place of residence of the heir, this question can be resolved by their oral consent. At the very least, a notarized contract can be signed. It is called the contract for the maintenance and upbringing of the heir.
  At the time of arrival to the notary for the execution of such a contract, older relatives must agree on the following important conditions:

  • • Where and with whom the child will live.
  • • Responsibilities in relation to the education of children, the mode of such education and communication with the heir (including the schedule of communication with the second parent).
  • • The amount of material support for the heir from each of the parties, specifying the amount and timing of expenses for the maintenance of the heir (including obligations for the alimony of the second parent).

If there is no consensus of parents.
  Then between the elder relatives of the child there is a dispute that must be resolved. What does the law say about this?
  In this case, you can apply to the court or to the guardianship authority. The right of such choice belongs to the parent.
  If this is a judicial order, then the senior comrade turns to the claim, wishing that the heir live with him. The second parent is indicated as the respondent in the application.
  A guardianship and trusteeship body is always involved in such a lawsuit, which is intended by law to protect the rights of the child in a lawsuit. During the course of the judicial procedure, this body is obliged to thoroughly examine the living conditions of each of the parents. The result of this activity is a conclusion with recommendations addressed to the court on which of the parents to give preference in the aspect of determining the place of residence of their heir.
  Such a conclusion is attached to the case file and does not seem to be binding for the court, since it can take into account other evidence. At the same time, in practice, in most cases, the court just focuses on the recommendations of the guardianship authority.

Content of a package of documents for court
  Filing a lawsuit in court is accompanied by the transfer of a package of mandatory applications to it. It is clear that the volume of this package is not limited, but the minimum set of documents is as follows:

  • • birth certificate of the heir;
  • • documentary evidence of the claimant’s income;
  • • certificate of termination of relations of older relatives;
  • • certificate from preschool;
  • • documents for housing (certificate of ownership, lease agreement, etc.);
  • • medical certificate about the state of health of the heir;
  • • characteristic from the place of work and residence of each of the older relatives;
  • • act of examination of living conditions;
  • • evidence of court fee payment

What circumstances does the court study?
  Let us dwell on the investigation of which circumstances the court gives priority, which at the same time entails the obligation of the parties to provide evidence of the existence or non-existence of certain circumstances.
   The attitude of senior comrades to their duties.
  During the judicial procedure, it must be proved, for example, that one of the spouses takes care of the heir (attends school, kindergarten, takes him to the clinic, leads and takes him from the sports section), and the second does not. Evidence along with the relevant and certificates may be testimony of witnesses.
  The better the exemplary performance by the senior comrade of his duties, the higher the likelihood that the court will give priority to this side.
   The health of the elder relatives and the heir.
  The downside of the heir’s poor health is the need for increased attention and enhanced care compared to other children. Can a senior friend provide this care? And if he lives alone and is constantly at work, and does his opponent have relatives, are there retirees? Who will favor court preference?
  Or vice versa. The child is healthy and active, and the parent has health problems, which entails a partial inability to fulfill his parental duty. And the second elder relative is alert and ready to drive an heir in addition to football and also to dancing. In whose favor the court will resolve the dispute, how do you think?
  Thus, in this part much depends on the content of medical certificates submitted to the court.
   The financial position of senior comrades.
  The heir loves dad more and wants to live with him. But dad earns a minimum wage. And mom on the contrary, is the owner of the business and allows herself to engage in charity. How do you solve this problem on the court and to whom will you give the child?
  Here, everything is decided by the evidence of the parties ’welfare level.
   Living Conditions.
  Everything literally matters here: its own housing or removable, the size of the living space and the number of rooms, the possibility of allocating a separate room to the heir, technical and sanitary conditions, the freshness of repairs.
  The housing of each of the parties is obliged to visit the guardianship and custody agency, and based on the results of this visit, draw up an act of the housing survey, which is submitted to the court.

It is clear that this is not a complete liver of the circumstances that the court must examine.
  In addition, in practice it often happens that one of the parties takes precedence over one indicator (for example, attitudes towards duties and housing conditions).

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