DETERMINATION OF THE PLACE OF RESIDENCE OF THE CHILD IN DIVORCE

Divorce is an unpleasant event in a couple's life. But this does not negate the need to streamline further interactions in the presence of common children. One of the key questions is with whom the child will live. Best of all - when people were able to maintain adequate relationships in organizational moments relating to the child. This is good both legally and psychologically to minimize stress. However, this does not always work out. Consider options for action for different scenarios.

What does the current Family Code of Ukraine say?

This legal act determines that from the age of 14, the child himself determines his place of residence if his parents live separately. From 10 to 14 years old, this is done by common consent of the parents and the child. And when it comes to a child who has not yet reached the age of 10, only the consent of the parents is taken into account.

It is this mechanism that works when people were able to maintain normal relations at the organizational level and agree on everything. But in practice it often happens otherwise, because sometimes even if one of the parents wants to agree on everything, the other can sabotage such initiatives. And there are even situations when living with either parent does not meet the interests of the child, and other caring relatives are included in the issue of ensuring these interests. Then it seems unlikely to decide everything without the participation of the court.

Judicial regulation

When the parents could not agree on who the child will live with, this is decided in court. Each parent must, for his part, argue why living with him is the most consistent with the real interests and needs of the child.

If none of the parents can create proper living and upbringing conditions for the child, then the court may determine the place of residence of the child with his grandfather, grandmother or any of the other relatives, if they have filed such a demand. Such situations in most cases occur when parents are burdened with bad habits or lead an antisocial lifestyle, not caring for the child.

When the court considers such a case, it is guided primarily by the interests of the child, making sure that they are respected.

How to win a court to determine the place of residence of a child?

If you want the court to decide in your favor, you need to take care of:

• the presence of witnesses who will confirm your responsible attitude to the performance of your parental duties;
• documents confirming your state of health and health status;
• evidence of proper housing and material conditions;
• marital status (for example, having a complete family will be a significant advantage);
• other evidence that the child will live well with you (perhaps this is a more favorable work schedule or the absence of habits that are harmful to health).

In short, you should be very carefully prepared for the trial of the case.

The help of good lawyers is an important advantage

A court session to determine the place of residence of the child is the most important stage in the normalization of relations between spouses in a divorce. Therefore, it would be advisable to turn to professional lawyers who will provide effective and high-quality support for the case.

Sometimes it happens that a person who is confident that he is right loses the court solely because he did not provide a sufficient evidence base. To prevent this from happening, you should be well prepared. After all, those facts that are obvious to you may not be obvious to others. This is precisely the situation when the other side positions itself more favorably in court, which does not always act in the interests of the child.

In order not to lose your opportunity to easily and confidently win a court case, use the help of professional lawyers with good experience to provide truly professional support for the case. These are the people who work in our company.