How can a father take a child away from his mother

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How can a father take a child away from his mother

Reading time: 3 min.

In Ukraine, the practice of determining the place of residence of minor children with their mother is gradually changing, and more and more often the judicial authorities leave the child with the father if he can cope better with her education, create optimal living conditions for living and take care of her spiritual and physical development.

But, as of today, although the Family Code of Ukraine defines, that father and mother have equal rights over their children, however, in practice, it is difficult for men to take their own child to live and support, especially in the first years after birth.

And so in this informative article, we will talk about, how is it possible for the father to take the child away from the mother.

Is it possible to judge a child by its mother?

Enshrined in the provisions of the Family Code of Ukraine, that the biological father and mother have equal rights to determine the future place of residence of the child.

If the father and mother cannot come to an amicable agreement regarding the child's place of residence, you need to contact the judicial authorities.

Besides this, if the court determines the permanent place of residence of the child with the father, the latter also has the right to receive alimony from the mother.

What grounds can be singled out, which allow the father to take the child away from the mother?

  • failure of the child's mother to fulfill her parental duties regarding her proper upbringing and maintenance;
  • the use of psychological violence in the family;
  • task beatings;
  • the presence of alcohol, drug or gambling addiction, which must be confirmed by a medical report from a medical institution;
  • forced to do hard work or begging.

Importantly! If available, any of the above reasons should be remembered, that the main priority should always be the well-being of the child's interests. Therefore, constant conflicts with the child's mother should be avoided, collect evidence for the court and act only within the framework of the applicable law.

What evidence base is necessary to obtain a positive court decision on the case?

You may need the following evidence when preparing for legal proceedings regarding the removal of a child from its mother, namely:

  • documents, that confirm your rights to the child (Birth Certificate);
  • documents from which the fact of improper living conditions of the child with the mother can be seen (for example, certificate of social services);
  • documents about the mother's current state of health, that makes it impossible to fulfill her parental duties;
  • written statements of witnesses;
  • conclusions of child psychologists, which can indicate the child's emotional state, the presence of stress and anxiety due to permanent residence with the child's mother, etc.

If you still have questions, contact the law office "Prikhodko and Partners”.

Our team has experienced specialists, which are understand different branches of Ukrainian law, and therefore they will be able to provide the company's clients only with proper legal assistance in the case.

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