According to the Family Code of the Russian Federation, parents have equal rights to their child. If, after the divorce of the spouses of a minor citizen, the mother brings up and does not do it well enough, the father can take the child for himself, but only on the basis of a court order.
Necessary
- - statement;
- - income statement;
- - characteristic;
- - act of inspection of living space by members of the housing commission and by the guardianship and guardianship authorities;
- - a certificate from a narcological and psychiatric dispensary.
Instructions
Step 1
To sue the child from the ex-wife, apply to the arbitration court. In the application, indicate the reason that prompted you to be taken away from the mother of a minor citizen.
Step 2
For consideration by the court, you will need to present a certificate of income of the unified form 2-NDFL, a testimony from the place of work and residence, an act of examination of your living conditions by a commission from the administration and living conditions for a minor. The last opinion is issued by a commission from the guardianship and guardianship authorities.
Step 3
In addition, you must obtain a report from a drug and psychiatric clinic confirming your health condition. If you are or were registered in these medical institutions, then your chances of getting a child for upbringing are significantly reduced.
Step 4
The exact same documents will be required from your ex-wife, since the court will proceed from the interests of a minor citizen and carefully examine your documents.
Step 5
If the mother's living conditions of the child are worse than yours, this is not a sufficient reason to hand over the minor to you. Situations when the ex-wife leads a riotous lifestyle, does not work anywhere, abuses psychotropic or narcotic substances, alcoholic beverages, and cruelly treats the child can serve as quite compelling reasons for transferring the child to the father.
Step 6
When a child reaches the age of 10, the court takes into account his opinion about which of the parents he would like to live with, but this opinion cannot be decisive when making a decision.
