And the separation of parents is one of the most relevant in family court cases. However, the birth of children in civil marriages creates enough problems and requires detailed legal consideration. So, let's see if the father can take the child from the mother if the marriage is not registered? First of all, you need to take into account such factors:

• Place of registration of the child;
• Is the father registered as a documented parent;
• The age of the child;
• Availability of housing, employment of parents, and all necessary conditions for the children to live.

Many parents come to an agreement and do not resort to litigation, but there are also difficult conflict situations that require the intervention of the law.

In the case of consideration of this case in court, all the points listed above will play a big role. Thus referring to Art. 65 of the RF IC, the place of residence of children is decided by agreement between the parents. If the parties do not come to an agreement, the dispute is resolved in court, where the interests and opinions of the children are taken into account. The age and affection of the child plays a big role here.

Babies and toddlers who are completely dependent on their mothers are almost impossible to sue, except in cases of alcoholism, homelessness and imprisonment. The court is attentive to the personal qualities of parents, their relationships in the family, the creation of all necessary conditions for the upbringing and life of children. But the financial advantage of one of the parents is not at all decisive factor in this case. Much more important is the relationship between the child and the parent, his attachments and the psychological aspects of life.

If children are over the age of 14, they have the right to choose which parent to live with.

In the case when the father is not officially registered as a parent. It is not possible to resolve the issue through the court until parental rights are formalized in accordance with the law.

When can a father take a child from the mother?

The question, of course, is not the most pleasant, but worthy of attention for modern society. As we have already learned, a father can take a child from his mother only by a court decision. In which cases:

• mother is a drug addict or alcoholic;
• a woman suffers from a mental illness, as a result of which it is not safe for a child to be alone with her;
• no interest in the baby. For example, a woman is often not at home, as a result of which the child remains at home alone, and so on;
• desire of the child to be with the father.

In Russia, illegal actions by a man are not rare cases. That is, such a person is able to take the child from the mother by force, or with the help of money. It can be both an administrative article and a criminal one, depending on the actions of a citizen.

Remember that the mother of the child is not so easy. The father is much easier. Plus, only groundless accusations will not be accepted in court. There you need weighty evidence, justify your every action.

But if a woman was deprived parental rights, then the child will almost certainly remain with the father during the trial.

The procedure for depriving the parental rights of the mother

In order to deprive the wife of parental rights, the spouse must draw up a statement of claim and apply to the district court at the place of residence of the woman who is the defendant. If, in addition to deprivation of parental rights, and is considered, when combining applications, they can also be submitted at the place of residence of the plaintiff.

When the consideration of the case begins, representatives of the prosecutor's office and guardianship and guardianship authorities must be present. The latter are obliged, immediately after the plaintiff submits an application to the court, to visit his place of residence, assess the situation and conduct a conversation with the child. Presence of other family members who are also able to say a few words about the relationship between the spouses and the child, and in general about the situation under consideration, is desirable.

As we have already found out, without evidence and grounds, it makes no sense to go to court. It is worth considering that even if there are several grounds included in the above list at once, the court in any case may refuse the plaintiff. As a rule, much depends on the behavior of the woman herself. There are mothers who really do not care about the child, and there are those who will ask for forgiveness, they say, they have realized their guilt and will not do this again, will go on the path of correction and all that.

This does not mean that the father can give up. If he really cares about his child, the man will follow the situation for some more time. If the mother, as before, behaves immorally with the baby, a second lawsuit is filed. In this case, the mother will have few chances and, most likely, she will be deprived of parental rights.

Filing a claim to resolve a dispute about the place of residence of the child

If the father wants to take the child away and does not come to an agreement, this situation can only be resolved in judicial order. To do this, you need to file a statement of claim drawn up in accordance with all the rules of jurisdiction, collect a package of all necessary documents, prepare possible evidence and subsequently attend all court hearings. If the mother provides proper care, upbringing and maintenance to the child, most often the court leaves him with her. But at the same time, Article 66 of the RF provides for the possibility of communication between the father and the child under the means of agreement and drawing up the order of meetings.

Communication between a parent and a child living separately

Article 66 of the RF IC says that a parent living separately has the right to participate in the upbringing and communication with children. The ban on communication can be implemented only if it is possible for the party to cause physical and psychological harm to health. 65 of the RF IC emphasizes that the interests of the child are placed above parental rights and the main task of parents is to fully ensure the interests and good conditions children's lives. This means that in fact the father cannot take the child away from the mother, but has every right to communicate with the child if this communication does not cause any harm.

How to sue a child from his wife after a divorce

By law, both parents have equal rights to raise their child. However, if issues such as this one arise, it is the interests of the child(ren) that must be taken into account in the first place.

In the case of separation of spouses, in most cases they independently decide with whom to live with the child. Often, parents cannot come to a common denominator, so the question arises of how to sue the child from the mother. It is with the mother, since if it is impossible to make a common decision, the spouse has an advantage. Such cases are resolved only with the help of the court.

What is considered first of all by the court:

• Which of the parents is more attached to the child;
• child's attitude towards siblings;
• how old is the child;
• moral characteristics of mother and father;
• marital status;
• What do parents do for a living?
• work schedule;
• conditions of the place of residence of the mother and father (crime, availability of schools, kindergartens, universities, medical institutions and so on).

Hello. I am going to divorce my husband. We have two children, the eldest is 4 years old, the youngest is 1 year and 8 months old. Under what circumstances can my husband sue my eldest child? My husband and I lived in a two-room apartment, where my husband and children are registered. Now we live in a one-room apartment, I am registered here.

Irina

There's an answer

Responsible

Polyakova Ekaterina SergeevnaLawyer

In order to sue the child from the mother, you will need:

- evidence that the mother is not fulfilling her duties;

- witnesses;

- documents confirming the material well-being of the father.

Only the court can take the child away from the mother and give it to the father to raise. To achieve this, it is necessary to provide for consideration of the case convincing evidence that the mother does not fulfill her obligations towards the child. This happens if the woman who is in charge of a minor baby is an alcoholic or drug addict. All these accusations must be confirmed in the form of certificates from hospitals, dispensaries or from the district commissioner. Also, the father can demand through the court the right to take the child to himself if the mother does not properly care for the child. In cases where a woman leaves her baby for several days at home alone or transfers him to the temporary care of neighbors, while she herself disappears somewhere, this will be the basis for taking the baby away from such a mother. The only thing to remember is that evidence alone is not enough, you need to take more witnesses with you to the trial, who will confirm such information right in the meeting room.

In cases where the mother adequately takes care of the child, cares for him, spends time, plays and develops, it is also possible that the child's father can take the baby from her by a court decision. This happens due to the fact that a man, as a rule, has a higher income than a mother who is left alone with a child. And if the baby’s father proves in court that he has a higher source of income, has his own living space (and the child’s mother doesn’t have one), and in general he has better conditions for the children to live, then it is likely that the court will decide in his favor. And he will establish the father's living space as the place of residence of the minor child. In this case, additional witnesses are also required at the court session.

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

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

There are many factors under which the court will take the side of the father and rule in his favor. These include: negative feedback from mutual friends, neighbors, friends and colleagues; stories directly from the child about anger, aggression, assault on the mother; 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.

Unfounded allegations are not considered by the court. Care must be taken in advance to back up the words with material evidence (for example, certificates from drug dispensary and from a psychologist, with receipts for constant purchases of alcohol), collect all kinds of negative characteristics, enlist the help of a district inspector and guardianship authorities. The more witnesses confirm the facts that the child and father will really be better, the more chances for a positive decision.

With the question "How to sue a child from his wife?" faced by some men after a divorce. True, it is somehow not customary to talk about this in our country (it is even considered something almost criminal), but the termination of marital relations should not mean the end of communication with the child. And mothers, to be honest, are different. Therefore, if you think that the child will be better with you, then this article is for you.

Is it possible to sue a child from an ex-wife?

Before answering the question of how to sue a child from his wife, I would like to warn those men who fight for children solely in order to annoy their ex-wife. Children are not to blame for the fact that life did not work out for you and their mother, and they should not be responsible for your mistakes.

If you do this out of good intentions, that is, sincerely believing that it would be better for your child to live with you, then let's figure out how to sue a child from his wife and whether it can be done at all.

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For a long time, judicial practice has shown that it is possible to sue a child from a mother only if she has practically no means of subsistence or she leads an immoral lifestyle. To date, this trend has changed: the courts have finally recognized the equal rights of the father and mother in determining the place of residence of the child.

Thus, if you are determined to leave the child to live with you after the divorce, you must declare your desire during the divorce proceedings. After all, if there is a child in the family or there is joint property that the spouses could not share peacefully, the dispute is resolved by the court. It is at this stage that it is necessary to declare your rights to the child, and also indicate for what reasons you believe that your child should be assigned a place of residence with you, and not with the mother. It is important to say that the court decision, even if it was not in your favor, can subsequently be appealed (both in full and in part) to a higher judicial authority.

What does the court pay attention to?

So, in general terms, we figured out how to sue a child from his wife, but do not forget that the child's right to live with his mother is enshrined in the Declaration of the Rights of the Child. Restriction of this right is possible only in order to comply with another principle of this declaration, which requires that the child be brought up under proper moral and material conditions and have opportunities for development, play and education.

Thus, the court, acting in the interests of the child, must evaluate the following qualities of parents:

1. Moral character and physical health. Here we are talking about the lifestyle of both parents, their ability to raise a worthy citizen of the country, as well as physical data to ensure proper care and normal life of the child.
2. Financial situation. Everything is very clear here: in order to provide the child with everything necessary, of course, funds are needed.
3. Provision of housing and other conditions necessary for organizing the proper maintenance of the child, providing him with the necessary space and everything necessary for normal development and growing up.
4. Other circumstances that affect (or may affect) the quality of life of the child.

(Chances of a man to keep a child after a divorce. Judicial practice of transferring a child from a mother ex-husband after divorce)

It is believed that in a divorce, common children will almost certainly remain with their mother. And the father has nothing to count on, at most - on the payment of alimony and the opportunity to see the child on the weekends.

According to the generally accepted opinion, a child can only be left with a father if the mother herself refuses children or if she leads a marginal lifestyle and is not able to earn money, drinks too much, uses drugs, is prone to suicide. And even then, even in this situation, the father in court will have to fight for his children. In other cases, the father has practically no chance. sue the child. But is it really so, perhaps it is a popular misconception?

To begin with, let's see what dry statistics say about this. According to the population census held in Russia in 2010:

• The number of single mothers with children is 9,780,878.
• The number of fathers with children is 1,326,156 people.

It would seem that not so few fathers live with children out of wedlock. For almost 10 million mothers, there are more than 1 million fathers. And here we must also take into account that not every father initially has a desire to raise children on his own. Few people try to sue a child, knowing how much trouble can follow if they win.

Someone will say that in such things one should not forget about the difference between the regions of residence, and even this percentage of single fathers is recruited at the expense of the Caucasian republics, in which men often take their children. But if we look at the statistics, we will notice that there is no such dependence.

• In Moscow, there are 819,594 single mothers with children, and 217,430 fathers.
• In the Chechen Republic, there are 50,407 single mothers and 10,194 fathers.

That is, the percentage of fathers is approximately the same everywhere. And in Moscow their share is even higher than in the Chechen Republic.

In general, according to the same census - if you look at families under the age of 35, then 17% of them are childless couples, 50% are married couples with children, 30% are single mothers with children and 3% are single fathers with children. That is, there is definitely a sense in fighting for fathers for children.

But what does not the population census say about this, but law enforcement practice?

The Presidium of the Supreme Court reviewed judicial practice to resolve disputes that would be related to the upbringing of children. This information was officially released on July 20, 2011.

Looking at the analysis, we can see that from 2008 to 2010, the courts mostly left children with their mothers.

However, in recent times the trend is gradually changing. For example, some courts have indicated that children are more likely to be left with their fathers. This feature exists in the Komi Republic, the Perm Territory, the Vologda Oblast, and the Yaroslavl Oblast.

A new review of law enforcement practice for 2010-2014 has not yet been published, but it can be assumed that the dynamics will continue, and the courts will increasingly determine the place of residence of children with fathers.

What does the law say about the possibility of seizing a child from an ex-wife

First, we must not forget that according to the Family Code, the father and mother have the same duties and rights. And in the event of a divorce, each of them can participate in the upbringing and communication with their son or daughter.

Yes, the Declaration of the Rights of the Child of November 20, 1959 states that a young child should not be separated from his mother (principle 6). It would seem that everything is determined, and there can be no other opinion. However, not everything is so clear.

The fact is that in the same section of the declaration it is indicated that the child must live and develop in an atmosphere of love, moral and material security. In addition, the child must be guaranteed the possibility of play and entertainment for the purpose of its integrated development and education (Principle 7).

And if the father of the child has more opportunities to organize education, upbringing, games and entertainment, then it is in the interests of the child to leave him with his father.

The same is confirmed by the fifth paragraph of the decision of the Plenum of the Supreme Court of May 27, 1998. It lists the circumstances that must be taken into account when determining with whom the child will live after the divorce and with which of the parents the child will be better off. Thus, the law does not consider that only the mother a priori has the preferential right to live with the child.

The Court, recognizing the equality of spouses:

• carefully examines the ethical qualities of parents. That is, he finds out how they are characterized at work and at the place of residence by their colleagues, acquaintances, friends;
• determines the material condition of the mother and father. Can each of the parents properly raise their children to provide them with quality living, education, entertainment, communication with other children, general development, etc.;
• evaluates the physical condition of parents, whether they can devote their time to children and educate them until they reach adulthood;
• takes other circumstances into account.

At the same time, in itself, the material advantage of one of the parents cannot be an unequivocal reason for the court to leave the child with a more affluent spouse. Therefore, the myth that only very rich fathers can sue a child has no basis.

If the father is wealthy but does not have the time or opportunity to be personally involved in the life of his child, and instead plans to use the help of his relatives or nannies, then the court may deny him the right to live with the child. If the father is rich, no one prevents him from paying good alimony. And the mother, in turn, will have the opportunity to raise children with high quality, directly participating in their upbringing, entertainment and general development.

Therefore, when participating in a court session, relying only on your income as the main argument does not make sense.

Yes, income is important, but other factors are also significant. For example, the court determines what kind of relationship exists between the child and the parents. Which of the parents the child loves more, whether he is attached to one of the parents more than to the other. Does the child have siblings and who do they live with?

That is, the opinion of the child is clearly taken into account. Therefore, it is very important not only to confirm your well-being, but also to prove your a good relationship with the child and that the child will be better off with his father in every way.

However, it should be noted that the child is interviewed only if he is ten years old. The opinion of a child who has not reached this age is not taken into account.

This implies, in fact, the reason why children are most often left with their mother. Due to the fact that no one asks the wishes of the child himself and a priori implies that every young child should not be separated from his mother, he will most likely live with her.

Therefore, the father will have to prove with all his might that it will be more profitable, pleasant, safer and more comfortable for the child to live with him than with his mother.

What to do if you want to sue the child from your ex-wife

If you have firmly decided that you want to raise a son or daughter, or even several children yourself, then you need to start preparing for the court even before you go there with a divorce application.

What can I advise here, firstly, find a lawyer, a private lawyer or a company that provides, and most importantly, without consulting an experienced lawyer, you should not take any important actions.

You can find a suitable law firm or lawyer in the following ways:

• Ask your acquaintances and friends about whether they know lawyers who can handle a serious family dispute.
• If your friends did not help you, use the Internet and look for competent lawyers in your city on your own. Familiarize yourself with the materials posted on the website of the found law firm.
• Look for reviews online. Usually people write negative feedback, good reviews, as a rule, people are too lazy to write. Therefore, if you do not find bad reviews, then this is in itself a recommendation.
• Make an appointment with a lawyer and ask him about examples of family cases that he handled. If it turns out that he had to participate in disputes like yours, then he will certainly be able to help you.

To do this, you need to try to prove that you are a good father and can raise your children better than yours. ex-wife. But at the same time, one should try, if possible, to maintain good relations with his wife, and with her relatives and, of course, with children. Keeping this balance is not easy, but if you succeed, then you will have a very good chance of winning.

What can convince the court to take the child from the ex-wife:

1. Negative feedback from your neighbors, friends and girlfriends, colleagues at work and acquaintances in other places where she spends time.

2. The stories of the children themselves about her aggressive or unstable behavior. Or about the aggressive/asocial behavior of her relatives.

3. Information that she does not know how to be responsible for her actions and bear responsibility, for example, often changes her place of work or does not work anywhere at all, cheats on her husband, deceives people, does not fulfill important obligations, etc.

4. Information that she spends money on meaningless or even harmful things, has any addictions and addictions, and there is reason to think that instead of raising children, all funds will go to her needs.

5. Characteristics that a district inspector can give her, as well as in the Department of Internal Affairs, narcological dispensaries, neuropsychiatric dispensaries, sobering-up centers, guardianship authorities, etc.

6. Information that among her immediate family there were people with mental illness or suicidal tendencies.

7. Information that among the wife's relatives there are people serving a criminal sentence.

Each of these points must be confirmed by witnesses, or the opinion of an expert, but preferably an official document or material evidence.

By the way, at present, everything that is written on the Internet can be officially recorded and used in a trial. For example, your wife is in correspondence with her lover, writes to in social networks about his antisocial behavior, threatens you (or other people) in e-mails, then all these texts can be certified by a notary and presented in court. Therefore, if you have access to such information, then you should immediately go to the notary's office and fix it until this information has been deleted.