In the Family code of Ukraine, both parents have equal rights to children, so the mother and the father can equally claim custody of them in the event of divorce. On the other hand, there is a well-established jurisprudence, given the national mentality and religious belief that children cannot be separated from their mother. Therefore, in most cases, the courts decide on the child’s residence is not in favor of the father, and he has the role of alimony payer and the right to see the children, and to take other part in their lives.
But if you are determined to fight for the right of children to live with their father, you have every right to do so. Our lawyers for family Affairs has considered this matter and give the following tips.
In which cases the child stays with the father
After divorce, children stay with their father in the following cases:
- A mother may refuse children to live with her. In this case, it signs a voluntary refusal.
- With the filing of the guardianship court can take away from his wife the right to leave her child. We are talking about situations where the former spouse committed a crime, is on the account as alcohol – or drug-addicts, recognized as incapable, a danger to the health of the child, etc. can Additionally be made a decision on the prohibition of the mother to see the kids, up to the deprivation of parental rights.
- The child himself wants to stay with his father. The law stipulates that children over 14 years of age can decide with whom to live if the parents have decided to terminate the marriage. Children over 10 years of age may also be interviewed to determine their attachment to the mother and father. This information may significantly affect the position of the court.
If your case does not fall under the above, then you should prepare for a lengthy trial.
What line of defense to stick to in court
Based on their experience and the experience of colleagues, family specialists of our legal aid centre are recommended to follow the following line of protection in order to leave the child with the father after divorce.
First, when considering such cases, the court is obliged to make a decision in the interests of the child. So you have to focus on why he would be better off living with his father. The argument in the style of more money and better living space will not pass, this issue can be resolved through alimony and the division of joint property. It is necessary to prove that the Pope is regularly engaged in the upbringing of children, knows how to care for them, has a stable psychological relationship with the child, etc.
Secondly, in any case can not let mother to talk with the children or turn them against her. Such facts are easy to prove in the course of the trial and they will negate all efforts to create an image of a positive father. You must show that you want to leave the children to themselves, because they will be better. Not because you don’t want them to live with their mother all the time.
Third, it is not necessary to replace the concepts and make false accusations against the former wife. Attempts to defame the mother will also play against you. If the facts of alcohol abuse, asocial behavior, non-participation in the lives of children, etc., took place, then they should be voiced only if there is strong evidence.
In order to make more precise recommendations, each situation must be considered on a case-by-case basis. But first where to start in such cases is to appeal to bodies of guardianship and guardianship. They must conclude that the father is in a position to provide the children with decent living conditions, as well as to educate and educate them.