With whom will the child remain after the parents' divorce?

Family disputes concerning children are quite common. This raises a difficult question, with whom will the child remain after the parents' divorce? The main difficulty arising during the spouses' divorce is that the child can only stay with one of the parents. If the husband and wife after the divorce have maintained good relations and continue to communicate among themselves, are often seen, anyway, the old way of life will forever remain in the past for all members of the family. As a rule, children stay with their mother. Although this does not always take into account the interests and desires of the child.

The basis of the dispute in determining who will remain with the child after the dissolution of the marriage is the conflict between the former husband and wife. Despite the fact that the rights of parents under the laws of the Russian Federation are the same, in court usually the place of residence is determined with the mother. However, it is not necessary to take the existing judicial practice as an axiom. In accordance with the text of the Family Code of Russia, residence, taking into account the separation of parents, is established by agreement between the parents.

If the parents did not reach an agreement, the dispute between them is resolved by the court. When making a decision, the court must proceed from the interests of the child, given his opinion. In addition, when considering the issue, the court must take into account the attachment of the child to the father and mother, sisters and brothers, the age of the child, the moral qualities of the parents, the existing relationship between the mother and the child and between the father and the child, the possibility of providing comfortable conditions for the development and upbringing of the child for example, the material situation of parents, the mode of work, the type of activity, etc.).

When determining where the child will live after the divorce of parents, direct participation in the proper care, upbringing of the child and so on is also important.

It is worth noting that in the court quite often parents talk about the care of children from grandparents, which in their opinion is a significant reason for determining the place where children will live. To this argument, the court is usually skeptical, because it is parents who are parties to the dispute on the definition of residence, and not other people.

Also, some mistakenly believe that the main thing in determining the place of residence is the property status of one of the parents. However, it is worth noting that the basis of the lawsuit to determine where the child will live after the divorce is not the protection of the interests of the parents, but the protection of the interests of the child, his rights.

That is why often enough, if there is a difference in the incomes of parents, the court makes a decision on the residence of children with the parent who has a smaller amount of income than the other spouse. This decision of the court is dictated, as a rule, by the fact that a parent with higher incomes often has a more saturated and sometimes irregular working day, long and frequent business trips, which makes it impossible to provide full-fledged care to underage children and proper upbringing.

The most common disagreement concerns the fact that one parent does not allow a second parent to communicate with the child after the divorce. The basis for this behavior is the erroneous opinion that a parent who lives separately from a child, after the divorce, loses parental rights. However, this is certainly not the case.

The emergence of parental rights and their termination is not related to whether a man or a woman is married or not.

According to the text of the Family Code of Russia, a parent who lives with a child does not have the right to interfere with the communication of the second parent with the child, if such communication does not in any way harm the moral development, mental and / or physical health of the child. It is only the court that can determine what the parent is doing harm, and in no case is the second parent.

If one of the parents refuses to allow time for communication with the child to the second parent, the court may order the guilty parent not to interfere with the communication. A parent who does not live with a child has the right to know what is happening with his child, including receiving information from medical, educational and other institutions.