DETERMINATION OF THE CHILD’S PLACE OF RESIDENCE
The procedure for determining the child’s place of residence is very relevant when the parents have made a decision to divorce. In this case, the question arises with whom the children will live. This event is quite traumatic and emotional for all parties, especially for children. It is very important because their further fate is decided. The solution to this problem can be peaceful if the parents come to a common decision with whom the child will live, on the other hand, not very peaceful, through the appropriate authorities.
The right of parents to determine the place of residence of their children. Grounds and conditions
As noted above, the father and mother of the child, who realized that their marriage was impossible and decided to dissolve it through justice. They must determine where the children will live, how and when the second of the spouses can visit them, as well as resolve issues of material and spiritual well-being of the child.
These issues can be resolved in four ways:
- Verbally agreeing on the most appropriate option for the child, taking into account the economic, spiritual and social needs of the children. In this case, the parties have no dispute at all about the establishment of the place of residence of their children. The father and mother do not want to file lawsuits. This method is the least traumatic for the child, but in such cases the will of the child can be ignored.
- By signing a contract. If the parties have agreed to dissolve the marriage on the basis of a joint application to the court according to the rules of separate proceedings, they must submit to the court a notarized agreement on the procedure for exercising rights and determining the child’s place of residence. This agreement clearly spells out the address, housing conditions, obligations of the other parent for material support and improvement of such conditions, the schedule of visits, and the like. This method is characterized by conflict-free. At the same time, the parties decide to insure themselves by a written settlement of this situation, so that in the future there will be no questions about where and with whom the child lives.
- If there is a dispute about the place of residence of the child, then the closest relatives can seek help from the local guardianship and guardianship authority. Employees of this institution will communicate with each of the parents, research their living conditions, interview neighbors, employees and relatives. Also, the opinion of the child himself, his personal choice (if he realizes it) remains important. Only after that, the specified state body will make the most optimal decision in the interests of children.
- Court. You can go to court to indicate the place of residence of children with a father or mother, regardless of the appeal to the institution of guardianship and trusteeship. We keep in mind that this method of protecting your rights is independent, not consistent. To start a trial, you need to apply to the local judicial authority to find the defendant. The plaintiff in this category of cases is a person who wants the child to live with him. The defendant is a person who currently has a child or this person lives separately. Also, a representative of the institution of guardianship and guardianship, whose task is to represent the interests of the child, is attached to the case. On the basis of the instructions of the justice authority, employees of the state guardianship and guardianship authority must examine the living conditions of both parents and interview the child in a non-traumatic way about who he wants to live with.
A claim to determine the place of residence of a child with a father or mother
The judicial procedure for the child’s place of residence is the most optimal in a conflict situation. After all, the court is endowed with a wide range of powers to objectively judge the parties and make a fair decision. When resolving a dispute, the court pays attention to the following factors:
- the interest of the father or mother in the physical, spiritual and social environment. The court will better understand how effective one or another of the parents is, who helps her in life in certain areas;
- the presence of chronic diseases in child, also in a family. In this case, the judge finds out that one of the parents has a disease that can be transmitted to the child or in some way affect the child’s life.
- financial situation, as well as the availability of adequate housing conditions. The court examines the conditions under which the housing is located, how many people are registered there, what are the living conditions for the child, the presence of schools, kindergartens.
- the presence of bad habits, work schedule, adaptation of the child in a new family, and the like.
As you can see, the evidence base is very broad. The court carefully treats cases concerning the determination of the child’s place of residence. Considering these facts, you need to contact qualified lawyers who will help solve the problem in your favor.