Divorce is an everyday matter and quite banal for Russian society. But the innocent victims of “showdowns” between former spouses are the “flowers of life”, that is, children, who are called upon to cement marriages. The already unpleasant divorce procedure is complicated by psychological conflicts over disputes about the future place of residence of the joint children. Of course, this is far from a typical situation, because often one of the parents is not at all opposed to shifting the entire burden of responsibility and child support to the other. But, if fathers suddenly have a feeling of parenthood, then they stop at nothing to defend their right to live with their child. And at the same time they forget about the most important thing - to ask the opinion of the child himself. After all, the baby (in most cases) is most attached to the mother. And although the law provides for equal rights for parents, the psychological comfort of the child in this case is more important, which is why most often young children are left with their mother. And after they reach the age of 10, the courts are required to hear the children’s opinion on this issue.

Despite the prevailing opinion of the male half of society about the universal guilt of women in all family and everyday problems, everything is much simpler. Divorces occur because each of the spouses was simply not ready for the realities of family life, and their fairy tale about marriage soon shattered into thousands of fragments on the rocks of real life. But it is not at all the children’s fault that their parents, due to excessive intelligence or, conversely, lack thereof, were unable to find a common language and get along under one roof. And they are the ones who suffer the most during a divorce. Therefore, before you start the battle of the titans for the right to live together with your child, take the time to ask his opinion. If the child has not reached the age of three, then (if the mother has normal parental behavior) there is no point in even raising the issue of challenging her rights to live together with the child until he reaches at least three years of age. Subsequently (after the child reaches five years of age), if there is an appropriate psychological report, an act from the guardianship and trusteeship authorities, the father can defend his right to live together with the child. At the same time, he can appeal to living conditions that are more comfortable for the child, for example, the presence of a separate room for the baby, compliance with all sanitary and hygienic standards (as opposed to living conditions in the mother’s home), etc.

The court can take the father’s side even if the mother has bad habits: smoking, alcohol abuse, and immoral behavior. But all this must be confirmed at least by testimony. In this case, the ex-wife also has the right to invite witnesses on her side. And if you simply decided to slander your ex-wife in order to win back the child, then the court will quickly see through your forgery. In addition, it is worth focusing on the bad habits of the mother only when the father himself does not have similar habits, because in this situation the child does not care whether he lives with a smoking father or with a smoking mother. There are real chances for success only in cases where the mother actually violates her parental rights or she has some kind of physical or mental illness or a strict work schedule that does not allow her to devote enough time to the child.

However, living separately from the child of the father does not deprive the latter of the right to actively participate in his upbringing, therefore, in court, it is possible to establish the procedure for communication with the child after a divorce. Moreover, such an order should not violate the child’s personal routine established up to this point. So, for example, if a child attends a kindergarten or other preschool institutions, then their attendance should also be taken into account and not stop at the time of communication with the father. But the former spouse (parent) must also remember that raising a child is a responsible matter, therefore it is assumed that it will take place within the framework of moral, ethical, and legal norms. Therefore, watching football matches together in a beer and obscene environment is clearly excluded from the children's program.

Well, if the male ego still takes over in this matter and you intend to defend your right to live with your child, despite the statistical indicators of judicial practice on these issues, then you, of course, cannot do without legal assistance. A competent lawyer will definitely know in which direction you should move and what documents should be collected first.

If there are disagreements between parents, courts in Russia take the position of the mother. After a divorce, fathers begin to arrange their personal lives, they are little interested in the fate of the child, and the main responsibility becomes the payment of alimony. This is a typical situation, but there are exceptions. Some men are ready to do anything to let their son or daughter live with them.

Parents must decide for themselves which of them their child will live with after the divorce. If there is no consensus on the future place of residence of the minor, the court will decide on this issue. The father retains the right to file a claim for the return of the child at any time if, in the opinion of the parent, it would be better for him.

To do this you need:

• Statement of claim to the judicial authorities;
• Certificate of income level;
• Characteristics;
• Residential premises inspection report;
• Medical certificate from a narcologist and psychiatrist.

Sequencing:

• At the beginning of the divorce process, the father has the right to apply to the court to determine the place of residence of his son or daughter. This is possible in the absence of a court decision that has entered into legal force on which parent the minor will live with. If the court took the mother’s position and determined that the child’s place of residence will be her living quarters, then the father retains the right to file a second claim;
• Regardless of the time of filing a statement of claim to determine the residence address of a minor (during or after the divorce process), it must be accompanied by a certain package of papers that will attest to your level of income. You must obtain a certificate in form 2-NDFL from the accounting department at your place of work;
• You will need a reference from work and place of residence, an inspection report of the house or apartment, which is drawn up by members of the housing commission and a representative of the guardianship and trusteeship authorities. In addition, you must visit the clinic at your place of permanent registration and obtain a certificate from a psychiatrist stating that you have no mental disorders, and from a narcologist a certificate stating that you do not use narcotic and psychotropic substances, and also do not have an alcohol addiction. The mother will have to collect similar papers;
• The court's decision will be based only on the interests of the child. The opinion of representatives of the guardianship and trusteeship authorities, as well as the minor himself, is taken into account if he is already 10 years old. The latter can express his opinion regarding who he would like to live with;
• It will not be difficult to convict a son or daughter from a mother if it is established that she abuses alcohol or takes narcotic or psychotropic substances, does not have a permanent job, does not pay due attention to raising the child or treats him rudely, or leads a dissolute life. If the mother has not noticed all this, and your living conditions and level of income are comparable, then the court will have the last word in resolving this issue.

How to sue a child from the mother if you are not married?

In some cases, the child's parents did not register the marriage. How can a father sue his son or daughter from his mother in this situation?

If the parents live in different places, then it is necessary to file a claim with the judicial authorities to determine the place of residence of the child under the age of 18. In order for the scales of justice to tip in your direction, you need to do a lot of work before the meeting. It is necessary to collect documentary evidence that you have everything necessary to support and raise your son or daughter.

In addition, it is worth collecting a package of papers that confirm your active position regarding the upbringing of the child: characteristics and certificates from school or kindergarten, witness statements, etc. In the documents, you and your relatives should have only positive characteristics. However, this is not all that is needed to make a decision on this issue in your favor.

Despite the fact that, according to the legislation of the Russian Federation, the rights of the father and mother to children are the same, most judges leave the child with the mother. In order for the decision to be different, you must provide evidence that your son (daughter) will be much better off with you (negative characterization of the mother, etc.).

You can find witnesses who will tell the court that the mother pays little attention to the child, perhaps using physical force against the minor. The court should be informed of the facts of bringing her to criminal or administrative liability. The court may be interested in information about the mother’s illnesses that interfere with raising the child, the presence of disabilities and negative characteristics of her immediate family.

When making a decision, the court will take into account the interests of the minor. It is necessary to use every opportunity to resolve the issue amicably.

The blame for the fact that the marriage between the parents was not formalized will be placed on the man. This fact will be considered by the court in favor of the mother.

In cohabitation, people are not bound by any obligations. Children born into such “families” are, in almost all cases, allowed by the courts to live with their mother. The exception is when she leads an antisocial lifestyle.

How to sue a child from his mother during a divorce?

A child can only be taken away from its mother and given to its father by a court decision. To do this, it is necessary to collect evidence that it would be better for the minor to live with his father.

To solve this problem you will need the following package of papers:

• Passport of a citizen of the Russian Federation;
• Statement of claim;
• Certificate 2-NDFL from the place of work of both parents;
• Characteristics of father and mother (from work and place of residence);
• An act drawn up by the housing commission that examined the apartments (houses) of the parents;
• A conclusion received from the guardianship and trusteeship authorities, which reflects the living conditions of the parents;
• Medical certificate from a psychiatrist and narcologist of the father and mother;
• Testimony from the mother's neighbors.

Sequencing:

• File a claim in court at the place of residence of your wife and child. In your statement, justify your desire to sue your son (daughter);
• Please attach convincing evidence to your claim:
  • Petition from the guardianship and trusteeship authorities to transfer the minor to the father’s care due to the fact that the mother’s upbringing and maintenance conditions are unsatisfactory;
  • An act from the housing commission stating that the living space of the mother with whom the child lives does not meet the standards;
  • Certificate confirming the woman’s low income or complete absence of income;
  • If the mother is a drug addict or has a craving for alcohol, then a medical certificate confirming the presence of relevant diseases;
  • If a woman’s treatment of a child goes beyond generally accepted norms, then characteristics are needed from persons who witnessed such facts (precinct officer, neighbors, work colleagues, etc.).

• Witnesses who can confirm the immoral behavior of the mother must be called to the court hearing;
• Provide all information about yourself in documentary form:
  • Characteristics from place of residence and work;
  • A certificate in form 2-NDFL confirming your level of income;
  • An act from the housing commission confirming that your living conditions meet the standards for a child’s residence;
  • A certificate from the guardianship and trusteeship authorities stating that the living conditions in your apartment (house) are suitable for raising a son or daughter;
  • A medical certificate from a narcologist and psychiatrist confirming that you are free from alcohol and drug addiction, as well as mental illness.
• Find a good lawyer who can defend your interests during the trial.

As a result of the consideration of the case, a decision will be made on which parent the minor will continue to live with.

How to sue a child from his mother after a divorce?

Parents have the same rights to their children (RF IC). If, after the divorce, a child remains with a mother who is not raising him well, the father has the right to take the child into his own care through a judicial procedure.

For this you will need the following documents:

• Statement of claim;
• Certificate in form 2-NDFL;
• Characteristics from work and place of residence;
• Medical certificates from a narcologist and psychiatrist;
• An act of inspection of housing by representatives of the housing commission and guardianship and trusteeship authorities.

A statement of claim is filed with the judicial authorities at the place of residence of the ex-wife. It indicates the circumstances that prompted you to declare your rights to raise a child.

For the court hearing, it is necessary to prepare the entire package of necessary documents: certificate of income, characteristics, inspection report of the apartment (house). The list ends with the conclusion of the guardianship and trusteeship authorities.

The absence of alcohol and drug addiction will have to be confirmed by the conclusion of a narcologist. The state of mental health is certified by a certificate from a psychiatrist. If you have ever come under the supervision of these specialists, then the likelihood of prosecuting your child tends to zero.

The ex-wife must provide a similar package of papers to the court. The court will carefully study all the evidence presented, since it is based on the interests of the child.

Having better living conditions and material well-being is not a sufficient basis for placing a child in your care. For such a balanced decision, there must be serious reasons, which include: the mother’s dissolute lifestyle, evidence of abuse, alcohol or drug addiction, lack of regular income, etc.

If the minor is already 10 years old, the court takes into account his opinion. However, the judge cannot rely solely on it when making a decision.

How to sue a child from a single mother?

In some cases, the child’s main document contains a dash in the “father” column. As a result, the man has no rights to it, and the woman is a single mother.

Until paternity is established, the probable biological father has no rights or obligations regarding the minor. According to the laws of the Russian Federation, the registry office authorities can enter the father into the birth certificate if the parents bring a general application. However, they do not have to be married. This action can be performed at any time, regardless of the child’s age.

Paternity can be recognized through court. The claim can be filed by either parent. Information that confirms the origin of the child from a specific citizen may serve as a basis for applying to the judicial authorities. One of such evidence can be the results of examinations: forensic biological and forensic genetic. However, the fact of paternity can be recognized on the basis of other information.

The court may take into account the following information:

• A man and a woman lived together and ran a common household during the period when the child was conceived;
• The alleged father visits the child from time to time;
• The man's relatives come to visit the minor, etc.

After the fact of paternity is documented, the man will have to collect evidence that the mother is not able to support and raise the child.

Most often, after the divorce, the mother and father live separately. At the same time, parents inevitably face the question of who the child will live with. Until recently, in Russia such disputes were almost automatically resolved in favor of the mother. However, in recent years the situation has changed.

A financially wealthy father increasingly seeks to sue the child from the mother in a divorce, and in many cases he succeeds. Needless to say, not every mother is ready to calmly accept such a court decision. It is also common for the court to declare that the parents had reached an agreement regarding the child’s residence, after which the father kept the child with him and did not allow him to see his mother. What to do, how to sue the child from the father?

What influences a court decision?

A dispute between parents regarding the place of residence of a minor child after their divorce is settled in accordance with Article 161 of the Family Code of the Russian Federation. Such a dispute can be resolved with the involvement of the guardianship and trusteeship authority or through the court.

Factors influencing the court's decision are:

• Attitudes of mother and father to parenting. If it is proven that the parent with whom the child lives is not sufficiently involved in the child, the court may rule in favor of the other parent.
• Personal attachment of a child to a parent.
• Child's age. According to the Family Code of the Russian Federation, from the age of ten, a child has the right to participate in resolving any family issues that affect his interests, as well as to be heard during court proceedings. His opinion must be taken into account, except in cases where it is contrary to his interests. After a child reaches the age of 14, he himself determines which parent he wants to live with.
• The child's health status.
• Other family circumstances of significant importance.

A child cannot be left with a parent who does not have an independent income, abuses alcohol or drugs, or leads an immoral lifestyle.

What actions should you take?

If a child, after a divorce, for some reason remains with his father, and the mother wants to return him, she has no choice but to file a lawsuit to determine the child’s place of residence, attaching certificates from work, drug treatment and psychoneurological dispensaries. An extract from the house register will also be useful. All these documents must confirm that the mother is able to provide adequate living conditions for the child. By contacting the guardianship and trusteeship authorities, you can receive their support in the form of an opinion on the mother’s living conditions. If necessary, you can involve a child psychologist, whose conclusion will also play a role in the trial.

It should be taken into account that the father can also demonstrate to the guardianship authorities his advantages as a parent: organize the child’s life, his leisure time, provide the guardianship authorities with saved tickets for children’s events, and record all the mother’s mistakes and shortcomings. All this, as a rule, is done in secret, and if the father's income is higher than that of the mother, he has every chance of winning the case, no matter how much the mother wants to return the child. The longer the father and child live together, the harder it will be to change anything. Such legal proceedings can last for years, undermining the strength of all parties and negatively impacting the child.

A competent family lawyer will help you collect all the documents and evidence necessary to make a decision in court in your favor. MCA "Yurcity" specialists are ready to provide you with qualified assistance in resolving this painful issue.

In the modern world, the once formidable word “divorce” is heard more and more often and is perceived much more easily. This is far from being an exception to the rule. Relationships between couples do not work out for one reason or another, but children together suffer from this to a greater extent. There are also frequent cases when the father, for some reason, decides that the child should live with him, and not with the mother. But such a desire, of course, is not enough. It will take a lot of effort to make this a reality. Moreover, both public opinion and the position of the court are almost always on the mother’s side.

The court pays attention to several aspects when considering the case of with whom the child will live. At the same time, he recognizes the equality of spouses. The characteristics of both parents are studied from friends, acquaintances, work colleagues, and neighbors. The material well-being of both the father and mother is determined (whether each of them can provide the child with decent living, upbringing, education, communication with peers, entertainment, etc.), and the availability of their own living space. Their physical health and the amount of time that can be entirely devoted to the child are assessed. Other circumstances may be accepted if applicable. A single factor taken separately, for example, welfare, cannot serve as a basis for making a decision. The court carefully evaluates what kind of relationship the child has with each of the parents, to whom he is more drawn and attached. If the baby has brothers or sisters, who do they live with? The child’s opinion is necessarily taken into account, so it is important to prove that he has a wonderful relationship with his father. But it will only have significant significance if the common child is ten years old. It is desirable that the relationship with the child’s mother is not hostile.

There are many factors in which the court will side with the father and rule in his favor. These include: negative reviews from mutual friends, neighbors, friends and colleagues; stories from the child directly about the mother’s anger, aggression, and assault; facts of irresponsibility, lies, betrayal of the baby’s mother; constant change of her place of work or her frequent absence; data on addictions, addictions; chronic depression and suicide attempts.

Unsubstantiated allegations will not be considered by the court. You need to take care in advance to support your words with material evidence (for example, certificates from drug dispensary and from a psychologist, receipts for regular purchases of alcohol), collect all kinds of negative characteristics, enlist the help of a local inspector and guardianship authorities. The more witnesses confirm the facts that the child will really be better off with his father, the greater the chances of a positive decision.

How to sue a child from your wife? If a family that has decided to divorce is raising one or more children, then when deciding to dissolve the marriage, the court, at the request of the interested party or on the basis of an agreement between the parents, determines the future place of residence of the son or daughter.

The stereotypes of our society are such that the child usually continues to be with the mother. However, not all representatives of the stronger sex want to put up with this. And then the question arises, how can a father take a child from a drinking mother and do it legally? At the same time, we should not forget about the interests of the children themselves.

In this article we will tell you everything a father needs to know in order to take his children into his care. In particular, you will find out whether it is possible to take the child away from the mother. Seven tips that bring practical benefits have also been prepared.

In this article:

Briefly about divorce and children

In legal language it is referred to as divorce. A husband and wife can separate in two ways.

If a couple does not have children and agrees to separate, then the easiest option is to contact the registry office. Then people will become free from family ties within one month.

You can get a divorce through the registry office if the couple also has children.

However, there must be good reasons for this:

1. Incapacity of the second spouse.
2. Declaring him missing.
3. Imposing a sentence of imprisonment.

Naturally, each of these facts must be confirmed by a court decision.

But let's return to divorce in the presence of children in court. To get a divorce, you need to apply to the magistrates court with a statement of claim for divorce. Read more about how to do this here.

Current legislation does not establish clear criteria for determining with whom children usually remain after a divorce.

It is believed that if the child is small, it will be easier for him to stay with his mother. Options are available for older children. Moreover, if the child is 10 years old, then his wishes regarding his future place of residence must be taken into account.

There is another option with an agreement on raising a child after a divorce. In it, his parents can agree not only with whom the children will stay and their place of residence.

Terms of the agreement on the procedure for communicating with the child:

• mutual participation in raising children;
• the order of meetings on weekends and holidays;
• the opportunity to spend time with the child during the holidays;
• material support, financing of education, recreation, treatment.

If such a document exists, the court takes into account its content when preparing the final text of its decision.

Parents' rights after divorce

Despite the termination of legal family relations, the rights of each parent to their children are retained in full. As part of the topic raised in the title, we will look at what rights remain for children.

So here is their main list:

1. The right to participate in the life of the child, his upbringing, visits, financial support.
2. The right to receive subsidies and other types of support due to parents from the state or local authorities.
3. The right to alimony in case of old age.

In addition, in the event of the death of a child, his father (even a divorced one) will be included in the circle of priority heirs. The exception is the deprivation of parental rights during the life of the father. And if he manages to renew them, then the possibility of registering an inheritance will remain.

At the same time, deprivation of parental rights does not relieve a person from child support obligations.

Is it possible to sue a child from its mother?

I want to take my children away from their mother, what should I do?

You can get a general idea of ​​how to sue the children of a drinking wife during a divorce in Russia from the Russian Family Code.

Chapters 4 and 12 deserve special attention. They describe the general procedure for ending a marriage (including the fate of the child) and the rights of parents in relation to children.

So, one of the reasons is the favorable living conditions that the father can provide. In this case, the maximum package of documents confirming these circumstances should be attached to the statement of claim or counterclaim.

Evidence for court:

1. Income certificates.
2. Copies of tax returns (if the ex-spouse is self-employed).
3. Availability of savings in banks.
4. Securities and shares.

You should also familiarize the judge with information about the availability of real estate, a car, and other property.

It may happen simultaneously with the resolution of the issue of his parents’ divorce.

However, this issue may become the subject of a counterclaim in the case where the wife was the first to go to court. The judge will then make a joint decision on the two applications.

It often happens that in the claim the spouse initially does not raise the issue of the children’s place of residence. In the claim for divorce they write that there is no dispute over the children.

However, then the father begins to encounter all sorts of obstacles in his relationship with them.

In this case, determining his place of residence in court is a possible way out of the problematic situation.

In what cases does a child stay with his father?

Can they take my daughter? There are several situations in which a man can retain his rights in relation to a child. They are determined both by law and actual circumstances.

Parenting agreement

Unlike an alimony agreement or a prenuptial agreement, this type of agreement can be concluded in regular written form. It predetermines which parent the child will live with after a possible divorce.

The court will accept this agreement as a guide to action if it does not infringe on the rights of minors. Otherwise, the place of residence will be determined at the initiative of the judge based on the application of one of the disputing parties.

Deprivation of parental rights

This process can begin if there are grounds and in the manner prescribed in Articles 69 and 70 of the Family Code. The plaintiff can be either the father or the guardianship authority. If this public service goes to court, the father can act as a third party.

At the same time, he can provide his arguments in favor of the fact that the child should continue to remain with him. Certificates, conclusions, and other evidence - all this will definitely be useful at the stage of the trial.

Inability of the mother to fulfill her obligations properly

How to take your son from your wife? A child can be transferred to the father’s care if the mother is unable to fully care for him due to worsening living conditions, loss of work, or serious illness.

The above also applies to the revealed facts of violence against a son (daughter).

To file a claim, the father must collect a voluminous package of documents, which includes:

• medical reports;
• information from the wife’s place of work;
• a certificate from the local police officer (if the reason for going to court was illegal actions against a child).

This list may be supplemented depending on the specific situation.

Registration procedure

To finally clarify whether a father can sue a child from his mother and how to take children from his ex-wife during a divorce, we will tell you the procedure. It may include several successive stages.

To decide where to go, first of all, you should outline for yourself the grounds for transferring the child to the father.

So, if they are caused by deprivation of parental rights, then you should first make a visit to the guardianship authority at the address of the child’s current residence.

Its specialists will conduct a conversation with the woman, examine the conditions in which the children live, and issue their opinion regarding the advisability of transferring the child from mother to father.

After this, the father must appeal to the district court where the mother lives.

What documents are needed for this? Each situation is individual.

Therefore, we present to your attention their main list:

1. Evidence of marriage and its termination.
2. Child's birth certificate.
3. Documentary confirmation of the father’s earnings and the availability of the necessary property for the normal upbringing of children.
4. Information about the financial situation of the ex-wife and her earnings.
5. Medical certificates (if the father wants to pick up the child due to the illness of his ex-wife or abuse of bad habits).

The claim must be prepared in copies not only for the defendant, but also for the guardianship authorities and the prosecutor's office. There is no state fee for going to court.

What does the court pay attention to?

There are several factors that courts consider when deciding whether to release a child to the father or not.

For example, the material and property status of a man is examined, whether he has a permanent or temporary income. The composition of the new family is taken into account. After all, other people can live in the parent’s living space.

When the father decides to take the child, he must take care of evidence that the mother cannot devote proper attention to his upbringing. Facts confirming the threat to the life and health of the child while being with the mother will also be important.

Such evidence includes:

• information from the guardianship authority;
• testimony from the woman's neighbors;
• other materials obtained through legitimate means.

Judges also take into account the period of existence of the marriage. After all, a fleeting union from a subjective point of view may not work in a man’s favor. At the same time, the attention given to the child is taken into account. However, everything must be supported by evidence.

As we promised in the introduction to this article, we suggest that you familiarize yourself with 7 recommendations for protecting your own rights. They relate to both the judicial procedure for determining the place of residence of the child with the father, and actions before it.

They must confirm their level of income, as well as the availability of comfortable conditions for the further raising of children.

Examples include:

• certificate in form 2-NDFL;
• documents for the apartment;
• information from the housing office or management company regarding the area of ​​the apartment and the composition of people registered there.

It is advisable to provide the court with medical certificates confirming the absence of chronic diseases and addictions, such as alcoholism or drug abuse.

For the court, written characteristics of the father from his place of residence and work will be of interest as evidence.

It is especially useful when the child’s father wants to take the child for himself due to deprivation of the mother’s parental rights. The above applies to cases where a woman dies or is declared incompetent.

The guardianship authority will most likely participate in the upcoming trial. Therefore, it is important to coordinate your own legal position with him.

In addition, the guardianship service can examine the father’s living conditions and, based on the results, provide the court with an opinion on the advisability of transferring the child to him.

Tip 3. File a claim to determine the child’s place of residence

This applies to situations where the child is planned to be taken away after the divorce. If the divorce process is still ongoing, then a lawsuit is filed in the district court. It does not require payment of a state fee, since it is closely related to the protection of the interests of children.

The issue of a child living with his father can also be raised in a statement of claim to deprive the mother of parental rights. In this case, the requirement to transfer the son or daughter into care should be a separate item.

Be that as it may, in the claim the father must provide evidence that he is able to properly raise and provide for the child, as well as create a decent standard of living for him.

Tip 4. Collect evidence of your own participation in raising your child

First of all, these include confirmation of payment of alimony (bank receipts, checks for postal transfers, receipts from the mother for receiving cash).

It is also useful to store documents for purchasing clothes, paying for treatment, going to the movies, and museums. You can make videos of father and child spending time together.

Witness testimony will also be useful, confirming that the man is not indifferent to the child. They, among other things, can be presented in court by both the child’s grandmother and grandfather.

In some cases, it makes sense to stipulate all agreements about the fate of children in writing, without waiting for a lawsuit. In particular, the agreement may stipulate that after all divorce documents are completed, the child will remain with the father.

Another thing is that the mother may then insist that the agreement was signed under the influence of threats, a temporary disorder of reason or delusion. In such a situation, the child’s father should be prepared for lengthy legal proceedings.

Tip 6. Get qualified legal support

Life shows that not every father can competently defend his rights in court. And, therefore, qualified legal assistance will not hurt.

After all, a specialist’s arsenal includes not only knowledge of the laws, but also knowledge of judicial precedents. This is very important, since judges often take the practice of other judicial institutions as a basis.

In addition, the lawyer has psychological resistance to the aggressiveness of the other party. It often manifests itself in legal proceedings, and here one cannot do without professional restraint.

Tip 7. Maintain regular contact with your child

In this way, on a subconscious level, he may still have a desire to continue to stay with his father. This factor can also be used when further building relationships with your son or daughter.

As we have already noted, if a child is already 10 years old or older, he has the right to express his position before the court about where he wants to live next. And if the judge does not take into account the stated position, then he must justify this in his reasoning part of the decision.

This circumstance will allow the father to appeal the court decision to the appellate authority.

We talked about what the father of the child should take into account in order to take him to live with him and further raise him.

In some cases, the path will be long, since you first need to establish cooperation with the guardianship authorities, and then go through a series of court hearings not only in the first, but also in subsequent instances.

In addition, cooperation with bailiffs may be required. As a rule, this happens when the mother does not want to give the child to the father voluntarily. Sometimes there is a need for the services of a local police officer.

In any case, the father needs to think through his tactics. And we hope that our recommendations will help with this.