Who is the child after the divorce
By settling administrative formalities during divorce, spouses share not only jointly acquired values, but also something more important – common children. The well-being and fate of the little person depends on who the child remains in the divorce, so the decision should be thoughtful and balanced.
How is the decision to live with a common child made
When the former spouses came to the decision to terminate the relationship, the state must protect the interests of their common children. When making a decision, the court is guided by the provisions of the Family Code of the Russian Federation.
The child’s well-being depends on the decision to whom the child is left in the event of a divorce.
When considering a case, he takes into account the following factors:
- Personal qualities of each of the former spouses, especially their relationship with children.
- The opinion of the child himself if he has reached the age of 10. The judges should not blindly follow his position: they should definitely check whether the choice made is really in the best interests of the baby. Perhaps the “kind” and all-permissive mother simply leads an immoral lifestyle and is not interested in her child.
- Opportunities for parents to raise a child. The court takes into account various aspects of the issue: material well-being, work schedule, availability of free time, frequency of business trips, etc. In the process of such an assessment, preference is not always given to the wealthier spouse. It is possible that he is at work all day and cannot devote enough time to the baby.
Based on the three listed factors, the court decides which of the parents will have common children. His task is to protect the interests of the kids, because former spouses are often guided not by their well-being, but by their own grievances.
To avoid litigation, which can last for several weeks or even months, you can conclude an amicable agreement. This is a balanced decision of the spouses, which highlights all the significant issues related to the upbringing of their offspring:
- who is the child after the divorce;
- how the second parent will meet with him: frequency, place;
- how the expenses for the maintenance of the baby will be distributed;
- how the former spouses will participate in the upbringing of the child.
Divorce proceedings are not an easy and lengthy procedure. It requires a lot of time, effort, money and nerves. The task of the judiciary and the state as a whole is to do everything possible so that the interests of children are not forgotten and trampled upon behind this fuss and emotions.