Recently it became known that Brad Pitt lost the custody court to Angelina Jolie and six children will stay with their mother. The actor can only visit them. The editorial staff of Woman’s Day found out how such disputes are resolved in our country.
Under Russian family law, custody of minors is established only when the child has no parents or adoptive parents. Otherwise, in case of divorce or separation of spouses, another question is resolved – with whom the children will stay. So what does the court take into account when considering such disputes?
– When the spouses fail to agree, the court proceeds from the interests of the children. If a child is already 10 years old, his opinion is taken into account, – explains the lawyer of the law firm Revyakiny and Partners, Yulia Belyanskaya. – In addition, the attachment of the child to each of the parents, brothers, sisters is important; his age; his moral and personal qualities; the relationship that has developed between each parent and child. And one more thing – what are the opportunities for each of the parents to create conditions for the child’s upbringing and development (occupation, work schedule, financial and marital status, etc.).
Currently, most disputes are resolved in favor of the mother. This is explained, as a rule, by a special emotional connection between her and the child. Obviously, the younger the child is, the more likely it is that he will stay with his mother. However, in recent years, the number of cases in which the court decides in favor of the father has increased in judicial practice.
For example, a child goes to the kindergarten at the dad’s place of residence, so any changes may affect his development, upbringing, education. The traveling nature of the mother’s work may be considered by the court not in her favor. The characteristics of the character of the parent are assessed: if it is established that the child is systematically subjected to insults, beatings or other forms of violence, he will remain with his father. In addition, the guardianship and trusteeship authorities submit acts of inspection of the living conditions of each of the parents.
If, in order to establish the circumstances of the case, it is necessary to study the child’s relationship with each of the parents, to determine whether there is any influence on the child on the part of one of them, the court appoints a comprehensive psychological and psychiatric examination.
When negligent mothers and fathers can be deprived of parental rights and can this be done deliberately – out of hatred for the former half? According to the provisions of article 69 of the Family Code, such a fate will overtake the parents if they:
– shirk the fulfillment of their duties, including maliciously failing to pay alimony;
– refuse to take the child from the maternity hospital without good reason;
– abuse parental rights: they interfere with learning, incline to begging, theft, etc .;
– abuse children, encroach on their sexual integrity;
– are patients with chronic alcoholism or drug addiction. These diseases must be confirmed by a medical report;
– have committed a deliberate crime against the life or health of children or other family members.
Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and guardianship authority. At the same time, as the court practice shows, even if one of the grounds is established (in particular, evasion of payment of alimony), the court may refuse to deprive the parental rights if any antisocial actions of the father have not been proven (does not drink, does not beat the child and etc.).
So show sincere love for the child, take care of him, live his days and nights with him, and then you will not be afraid of any hatred of the former or the former. And be aware of what you say and do, especially if the relationship has begun to break up.