Unfortunately, many marriages fall apart, leaving ruins in place of the once happy family hearth. Children suffer the most during divorce, because they have to be torn between two fires: mother and father. Often, the court leaves the child to the mother, and the father is forced to see his child only on weekends. You can find a way out of the situation if you take into account some points.
Necessary
- - income statement
- - a certificate from the BTI on the availability of living space
- - written personal characteristics from the place of work
- - testimony of witnesses
Instructions
Step 1
Try to negotiate with your spouse before the trial. Avoid threats and a hostile tone - all conversations can be recorded and used against you in court. In a calm tone, ask for the options for raising and educating your child after a divorce. Offer all kinds of compromises, be prepared to make concessions. If possible, take a written statement from your spouse that she is not against your full communication with the child.
Step 2
The court's decision on which of the parents the child will live with depends on many factors: the availability of living space, financial security, health and age of each of the parents, etc. In order to assert his rights, the father needs to collect all the information confirming that he is able to fully exercise parenting functions. As evidence, certificates of mental health, wages, positive testimonial from the place of work, etc. are suitable.
Step 3
According to the family code, after divorce, spouses continue to have all the rights to participate in the development and upbringing of the child, namely:
- the right to timely provide accurate information about the child's health and the learning process in an educational institution;
- the right to make a decision on changing the child's surname;
- the right to unlimited communication with the child, etc.
You can find out more about your rights as a parent by rereading the Family Code or by consulting a competent lawyer.
Step 4
The mother should not interfere with the child's communication with the father. The exceptions are options when the father, for some reason, is limited in parental rights or is completely deprived of them. It is also possible to renew paternal rights in court if there is evidence that there are no more reasons for restriction and deprivation of rights. Parental rights cannot be restored to persons who have been convicted of serious crimes (rape, premeditated murder of more than 2 persons, etc.), incidents of child abuse in the past, persistent mental disorders and serious chronic diseases (alcoholism, drug addiction, etc.).).
