There are many unpleasant consequences caused by such a procedure as a marriage process. Negative emotions associated with the distribution of property values \u200b\u200bwill never be equal to those mental experiences that have to be tested by spouses when there is a minor child in their family.
The section of children when divorced is a huge responsibility imposed on the parents, because the further fate of their Chad depends on this. And how to make a division of a living person who is equally necessary to communicate, both with his father and with his mother. When parents are bred, children experience a strong psychological shock, and it is very important not to aggravate the situation with disputes, but to do everything to minimize their experiences.
According to the legal norms of family legislation, children are not divided during divorce, and this is natural, but it is determined, with whom they should live on a permanent basis.
There are two possible options for the divorce procedure in those families where the child is on the upbringing. This may be a peaceful agreement, at best, or a long-term scaffolding process, in which the decision will take the court, and not parents.
Compromise between parents
When the spouses are decided to divorce, but their shoulders are responsible for providing children, it will correctly resolve all the disagreements among themselves, while holding a written contract. In this case, any of them will have to wonder how children share when divorced, and defend their rights in the judicial instance.
If the spouses are able to easily appreciate the situation and agree on who, when divorced, will get the right to coach with children, the agreement in which the agreement should be indicated between them:
- The exact address of the permanent place of the child's stay (determined according to the propass of the father or mother).
- Details relating to meetings with the second parent. Refine frequency, the amount of time, as well as the place where they will occur.
- The role of each of the ranking spouses in organizing the educational process.
- The number of material resources aimed at ensuring the life of the baby.
When drawing up an agreement intended for the division of rights and responsibilities, it is necessary to take into account all, even the smallest, details.
In order for in the future there is no problem, it is desirable to assure the document in a notarial order and make three copies. Two of them will be from their parents, and one needs to leave a notary office employee. When performing these conditions, change something unilaterally, it will be impossible.
If such a compromise does not violate the rights of the child when the parents are divorced, it will be approved during the process in the global court. Otherwise, the decision on who children remain will be taken after finding out all the details of the personal life of the spouses.
Suit on the section of children in the city court
If the spouses had a completely unfriendly relationship, and ambitions prevent them from agreeing on the future of their children after a divorce, the staff of state bodies are connected to the case.
To organize a trial, one of the parents should arrange a statement of claim and contact him in the reception of the city (district) court. The lawsuit must necessarily indicate its opinion on how to share children when divorced, as well as provide the necessary evidence that substantiate this petition.
It should be borne in mind that the Court is guided exclusively by the legal norms in which the rights of children are prescribed. This means that providing optimal conditions for the full development of the child will exceed the personal wishes of the parents, based only on emotions and attachment, although they will not be ignored.
In order to share children, just as I want, you need to be very seriously prepared for the meeting in court, and for this you need to know what questions will be considered during its implementation.
Questions considered by the court in children
After all documents are accepted by the court, time is assigned to consider the case. It is possible that the meeting will be preceded by a three-month period, determined by spouses for reconciliation. After this time, the entire procedure will occur in the manner prescribed by law.
In court sessions aimed at determining who children will remain with a divorce, a guardianship authorities are necessarily present, which exercises the observance of the legal interests of a minor.
Mandatory circumstances that will be considered in court are:
- Parents' opinion. It establishes the fact of attachment to the child of each spouse separately. It turns out the sincerity of intentions aimed at maintaining and upbringing. The degree of communication is checked and the presence of common interests with children before citizens decide to divorce. If it is proved that one of the parents has never been interested in the development of Chad in the past, then this circumstance will significantly affect the results of the trial.
- Daily behavior and personal characteristics. The inspection of the moral qualities of parents is carried out, namely:
- consumption of alcohol-containing and narcotic substances;
- dependence on any kind of gambling;
- the presence of addiction to the periodic visit to the Pitery or the collection of noisy companies; - Mental state and equilibrium. Under close examination, the fact of the presence in the educational process of aggression from the parent. The frequent use of antidepressants will adversely affect, and even more so, finding on treatment in a psychoneurological dispensary.
- Liability level. It is unacceptable to leaving the child without supervision, or with those adults who are not competent in this matter.
- Material security. It is very important that a parent, with whom the child will remain after a divorce, had the opportunity to exercise expenses aimed at studying, entertainment and other needs related to the full development of the personality of the kid.
In general, everything is evaluated that it can negatively affect the vital activity of children.
Unambiguously say who will get a child when divorced, it is impossible, because each particular case provides individual characteristics.
In addition to studying the information related to the personalities of the parents, the judge may listen and the opinion of the children themselves. However, for this it is necessary that their age will reach the mark of ten years. Such arguments are not fundamental, but they will be enough to make a decision if there are doubts about the truthfulness of the readings of the spouses.
Attraction to the case of social staff
In exceptional cases, in order to make a fair verdict, the court heads a request for the commission, which will include teachers and psychologists.
With the help of the expert commission, additional information collected relating to the in-family relations of spouses to the divorce.
The decision is made on the basis of an act compiled by an employee of the guardianship, as well as the opinions of independent citizens who can estimate the situation without any emotions.
By itself, the divorce is not legal difficulty, but only in the case when the spouses do not arise disagreement. If parents are not able to independently decide how and with whom the child will be accommodated, the situation becomes very confusing. In order to avoid unnecessary negative, as well as take into account all possible subtleties, it is advisable to contact the specialists.