In case of divorce of spouses, the child remains with one of them by voluntary agreement or in accordance with a court decision, if the issue of the minor's place of residence was considered controversial. The father at any time can file a repeated claim and sue the child from the mother if he thinks that he will be much better with him.
Necessary
- - application to the court;
- - income statement;
- - characteristics;
- - act of inspection of living space;
- - a certificate from a psychiatrist and a narcologist.
Instructions
Step 1
If the place of residence of the minor has not yet been determined and the court has not made a decision on the child's residence with the mother, you have the right to file a claim immediately upon divorce to determine the place of residence of the child. If the court issued a decision and the mother's living space was determined as the place of residence of the minor citizen, you have the right to file a repeated claim at any time.
Step 2
Regardless of whether immediately or much later after your divorce, a claim will be filed to determine the place of residence of your child, in addition to the application, you will have to attach a package of documents confirming your material well-being. To do this, you will have to present a certificate of income 2-NDFL.
Step 3
You also need to get a testimonial from the place of work and from the place of residence, an act of inspection of your home, which must be drawn up by members of the housing commission and the guardianship and guardianship authorities, undergo an examination by a narcologist and psychiatrist and confirm with a certificate the absence of mental illness and drug addiction to alcohol, drugs and psychotropic substances. The same documents must be presented by the mother of the child.
Step 4
The court proceeds solely from the interests of the minor citizen, therefore, makes a decision with the participation of the guardianship and guardianship authorities, and also takes into account the opinion of the child and his attachment to this or that parent if the minor citizen has reached the age of 10 years.
Step 5
Without much difficulty, you can sue the child from the mother if she suffers from alcohol or drug addiction, does not work, leads a riotous lifestyle, does not raise a child or treats him rudely. If the mother is completely positive and the living conditions, your financial situation are approximately equal, then the court will decide with which of the parents the child will be better.
