Who takes care of the child after the divorce according to the Law?
As is known, no one can be immune from divorce. And when the former spouses share property values, they have to share something priceless — your own children. If for any reason agree “on the shore” does not work, then one parent goes to court to file a statement of claim to leave your child at home. Today we will try to understand the legal aspects accompanying the process of divorce, and the rights of each parent to determine, which side is more likely to win the process. Because of a court decision, who will remain a child after divorce, will depend on the further destiny of the younger man.
“For” and “against” in the balance
It is worth noting that after the divorce, even while maintaining a warm relationship, a normal life for all family members remain in the past. Despite the fact that each parent will have to give sufficient attention to children, the usual situation for them will change significantly. For this reason, before making your final decision, you must weigh all the “pros” and “cons”.
In fairness it should be said that the vast majority of the court takes the side of the mother. However, the interests of the child are not always taken into account. For example, after divorce mothers often change their place of residence or even moving to another town, which by itself implies the transfer of children to another school and change the familiar surroundings.
It happens so that the relationship of parent and child deteriorate and get worse on the background of stress experienced by both parties. The fact that divorce is usually quite painful perceived by each child, and if we add to this dramatic change of the environment, the causes of antisocial behavior and school absenteeism becomes quite understandable. In addition, even if you receive alimony from her former husband, the mother is not always able to provide their children with their former conditions of existence. It also happens that the presence of children is even more annoying and without having exhausted the woman divorce affected the most painful way.
The interests of children first!
Given the seriousness of the decision of a question of the child’s residence with a spouse, the state is obliged first of all to respect and protect the interests of children. If parents have any disagreement on the question of who a child is left after the divorce, the court must make a decision on the basis of the Family Code.
The court should carefully consider the circumstances of the case and decide which side should remain children, given their age, the degree of attachment to each parent, the nature of the relationship and personality of each spouse.
If the child has reached ten years of age, and then taking into account the desire of the child to remain with one parent (in accordance with Article 57 of the Family Code). However, a desire of the child is not sufficient that the court made the decision based solely on it. The judicial authority is obliged to check, is not contrary to this choice the best interests of the child, because the mother, which allows you can be both immoral and carefree lifestyle.
In addition, will be taken into account the ability of each spouse to create a favorable environment for the development and education of children. The court will consider factors such as the level of material security, employment, health status, marital status, work schedule, etc. After objective evaluation of these factors, the court will not give preference to the more prosperous in material terms, parties, as secured parent can be too busy at work to be a permanent mission. Thus, he will not be able to pay proper attention to the child’s education and spend a proper amount of time.
Who takes care of the child after divorce, knows the contract “on the shore”
At the present time some of the couples who had decided to divorce, come to a mutual compromise. They sign an official document entitled “agreement on the children.” If you wish to avoid judicial decisions and not tormented by the question, who will remain a child after divorce, then this method will be the best option for you. In such a “peace Treaty” shall in what amount will be paid alimony with whom the child will live with, how often, where and when the other side will see the child, etc.
However, if in certain circumstances a peace agreement between the parents is not possible and a decision will be taken by the court, it should be remembered that each parent has equal rights.
It just so happened that most children remain with their mothers. Perhaps this mentality, according to which the priority of the parent is the child’s mother. Here plays a role and a certain element of distrust towards men. It is no secret that many fathers abandon their families, do not want to pay child support, completely forgetting about the left child. Sure, there are wonderful fathers, able to take care of a child better than ex-wives that do not know the maternal instinct.
Anyway, the divorce should not mutilate the soul of the child, and the parents own selfishness should not forget about it.