In accordance with article 61 of the RF IC, mother and father have equal rights and obligations in relation to their child. Spouses with minor children are divorced through the courts. If they cannot agree with whom the child will remain and a controversial issue arises, then the court decides with which of the parents the minor citizen will be better on the basis of the documents presented.
Necessary
- - application to the court;
- - a package of necessary documents.
Instructions
Step 1
If you have a dispute regarding the place of residence of a minor, apply to the court. In addition to the application, you must submit an act of inspection of the living space of the mother and father of the child. The act must be drawn up by the housing commission, which you must call from the department of housing policy of the district administration.
Step 2
You will also need an act of inspection of housing conditions by members of the commission from the guardianship and guardianship authorities, which are designed to protect the interests of the child. Contact your district guardianship and guardianship department, submit a written application. The commission will travel to the place of residence of the mother and father and conduct a full examination of the conditions created for the residence of a minor citizen.
Step 3
The mother and father of the child are required to present a certificate from the place of work on income in the form of 2-NDFL, a characteristic from the place of work and residence. A characteristic from the place of residence must be written by the district inspector and signed by all close neighbors.
Step 4
The mother and father must present to the court a certificate from a drug addiction and psychiatric dispensary that they are not registered and do not suffer from drug addiction, alcoholism and mental disorders.
Step 5
When considering the issue of the child's place of residence, the opinion of a minor citizen, if he has reached the age of 10 (article 17 of the Civil Code of the Russian Federation) and other parameters, will be taken into account. For example, if a divorce takes place due to the spouse's systematic abuse of his wife and child, or if the spouse abused alcohol, took drugs, brought strangers into the apartment and behaved unworthily, but these circumstances were not recorded anywhere, then the testimony of witnesses and close relatives of the spouses.
Step 6
On the basis of the submitted documents, the court with the participation of the guardianship and guardianship authorities, the prosecutor, will issue a resolution on the place of residence of the minor citizen.
