During the divorce process, parents have the opportunity to agree on who the children will stay with. If there are several children, then the former spouses can agree which of the minors will remain with the mother and which with the father. But in practice, parents may disagree, and the case will go to court. Lawyer Anna Arzhannikova tells who has a better chance of staying with the children.
“In the absence of an agreement, the dispute between parents is resolved by the court based on the interests of the children and taking into account the opinions of the children,” says the expert. “In doing so, the court takes into account many factors. Including, the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child. An assessment will certainly be made of how capable the parent is of creating appropriate conditions for the child’s upbringing: they will look at the type of activity, financial situation, work schedule, and so on.”
The child’s opinion can be heard in court – this is allowed from the age of 10. The desire of the child is an important factor, but not the determining one. As a rule, a forensic psychological examination is carried out in the case. Often, it is the result of the examination that judges use as the basis for their decision.
“They definitely won’t leave a child with mom or dad if they have limited parental rights. It is very unlikely that a child under 10 years old will be left to his father if the mother is against it,” the lawyer adds. — After 10 years of age, the mother’s chances of raising a child are also higher than those of the father, but in this case the matter will be looked at more individually. Negative factors influencing the court’s decision are: mental illness of the parent, drug and alcohol abuse, and committing violent acts against family members.”
This news article has been translated from the original language to English by WorldsNewsNow.com.
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