Cases have become more frequent when spouses cannot peacefully agree with whom minor children will remain during divorce. Parents have equal rights and obligations in relation to children, this is stated in article 61 of the RF IC. If the court decides that the child will be better off with the father, then the place of residence of the minor may be the father's apartment.
Necessary
- -application for divorce
- -the passport
- - child's birth certificate
- - act of examination of housing of mother and father
- - act from the guardianship and guardianship authorities
- -characteristic from work
- -characteristic from the place of residence
- - certificate of income
- -certificate from a narcologist
- -certificate from a psychiatrist
- - additional documents may be required
Instructions
Step 1
By the decree of the Government of the Russian Federation, a decision was made, which was approved by the Federation Council on April 27, 2011. When filing an application for divorce by spouses who have minor children, simultaneously with the consideration of the divorce case, consider the case on the place of residence of minor children after the divorce. Now the court determines the place of residence of the children and there can be no agreements between the spouses.
Step 2
The court must submit a list of documents that are needed to determine the place of residence of children after a divorce. From both spouses must be presented: a certificate of salary; characteristics from the place of work; description from the place of residence signed by neighbors; apartment inspection report of the housing commission; the act of inspection of housing by the guardianship and guardianship authorities; a certificate from a narcologist; a certificate from a psychiatrist. Additional documents may be requested.
Step 3
The court will make a decision based on the documents submitted by the parents. The court session must be attended by representatives of the guardianship and guardianship authorities. If the mother of the children does not want minor children to live with her after the divorce, and the father is recognized as unworthy for raising children or his characteristics, the financial situation and living conditions are not suitable for upbringing, then the children are registered in children's state institutions.
Step 4
But if the court and the guardianship and guardianship authorities decide that it will be better for the child to live with the father, then the mother will pay child support. The opinion of a minor is also taken into account if he is 10 years old. This right is enshrined in article 17 of the Civil Code of the Russian Federation.
Step 5
In case of inappropriate living conditions with the father, confirmed by documents or certificates, and if the mother of the child wants to leave him to his father and does not agree to keep him, the child will be registered in a children's state educational institution. The mother can be deprived of parental rights.
