In accordance with article 61 of the Family Code of the Russian Federation, parents have equal rights to a child and fulfill equal responsibilities for his upbringing and maintenance. When the parents divorce, the child is left to live with one of them, most often with the mother. If the father wants to take the child for himself, this can be done by a court decision, if the mother violates Article 65 of the RF IC. The opinion of the child will also be taken into account in accordance with Article 57 of the RF IC if the child has reached the age of 10.
Necessary
- -statement,
- - act of examination of the living space of the father and mother by the housing commission and the guardianship and guardianship authorities,
- - certificate of income of father and mother,
- - characteristics from the place of work and residence of the father and mother,
- - a certificate from doctors if the mother is sick with chronic diseases,
- - other evidence that the mother cannot raise the child,
- - additional documents may be required at the request of the court.
Instructions
Step 1
You can take the child away from your ex-wife in accordance with the law and in the manner prescribed by law. If she does not take care of the child, leads a riotous lifestyle, has bad habits, causes physical and moral harm to the child, humiliates the human dignity of a minor, exploits him, harms his moral development, keeps the child in inappropriate conditions. In general, if the wife is unworthy to bring up a minor citizen.
Step 2
All this must be proved by documentary facts presented for the consideration of the court. A representative from the guardianship and guardianship authorities must be present at the hearing.
Step 3
To pick up a child from an ex-wife, you need to write a statement to the court, submit a number of documents: a certificate of income, a description of the place of work and residence, an act of inspection of the living space by the housing commission and the guardianship and guardianship authorities. If the wife has a number of chronic diseases, such as alcoholism, drug addiction, mental disorders, it is necessary to submit certificates from the relevant specialists.
Step 4
All of the above documents must also be submitted from the place of work and residence of the ex-wife.
Step 5
If, on the basis of the application and the submitted documents, the court decides that the child will be better with the father, the minor will be transferred to the father's upbringing.
Step 6
However, if in the course of the trial it is established that neither the father nor the mother of the child is worthy of raising him, in accordance with Article No. 68 of the RF IC the child will be transferred to the care of the state.
