In the life of many people, there is a situation when loved ones fade into the background, friends betray, and relatives and close people become enemies. Unfortunately, it is no longer possible to live with them under the same roof. That is why you have to go to extreme measures and file a lawsuit to evict your ex-husband, wife or even daughter.
Instructions
Step 1
If you understand that such a measure is the only way to pacify all relatives, then before submitting documents to the court, you need to understand at least a little about your rights. Let's look at a situation where you intend to evict your child.
Step 2
Quite often it happens that after a divorce, a child remains to live with his mother. In this case, the place of registration is the father's apartment. In this case, Article 20 of the Civil Code of the Russian Federation says that underage children must be registered at the place of residence of their representative, who is the guardian. Thus, the mother is obliged to register her son or daughter with her. You can agree on such measures amicably, or file a lawsuit in court. In the latter case, you have to enlist the support of the guardianship and surety authorities, which need to be told about the child's place of residence.
Step 3
But in some situations, difficulties may arise with the eviction of the child from the apartment. So, for example, the court is unlikely to allow the baby to be discharged from a privatized apartment (regardless of which parent it belongs to). It is not enough just the desire of the owner of this living space. Only an experienced lawyer can understand a specific situation.
Step 4
Also, you will hardly be able to discharge the child from your apartment if the ex-spouse, to whom the baby is going to move in, has less area of the apartment. In such a situation, we are already talking about the violation of the rights of the child, for which in our country they stand up very strongly.
Step 5
In the event that the child is the owner of a share of the property, then it will be almost impossible to write him out of the apartment. Even if you decide to exchange or sell this living space, the guardianship and guardianship authorities may suspend the transaction when they see that it leads to a deterioration in the living conditions of a minor child.
