Divorce is a serious challenge not only for spouses, but also for their children. The procedure for divorce is regulated by the family code of the Russian Federation. Also, the law is intended to protect children so that their situation remains as stable as possible, and changes in the family do not leave a serious imprint on their future.
The divorce procedure in a family where there is a minor child is carried out only in court. The question of who the children will stay with will also be considered separately in court.
Spouses can independently come to an agreement about who the child will stay with and where he will live. If an agreement is not drawn up, the issue is decided by the court based on the available data about each of the parents. Also, the court can intervene in the issue of the child's further residence.
After reaching the age of 10, the child has the right to express his opinion in court about which of the parents he would prefer to stay with. However, the decision of the son or daughter may not be taken into account if he is not able to explain the reasons why he refuses to live with his mother or father.
The decision to leave a child with one of the parents is based on his attachment, age, personal qualities of the parents, the relationship between them and the child, as well as the ability of each of the family members to create conditions for his further development.
There are no special rules according to which a child remains only with the mother or father. After a divorce, each of the parents has the right to raise their child and communicate with him. Both parents have legal equality.
Parents can enter into an agreement on the mode of communication with the child. If the mother or father living with the child interferes with the implementation of this agreement, then the child can be transferred to the parent, who, by court order, lives separately.