My civil husband is in divorce proceedings with his first wife. By mutual agreement, we decided that the child should live with us after the divorce. How can one achieve in court that the custody of a child is left to the father? Together they lived in an apartment that belongs to his mother, neither he nor she have their own housing. In addition, she abuses alcohol but is not registered anywhere. Help with advice on how to formalize custody of a child for a father.
This category of cases (determination of the child’s place of residence) is quite difficult to resolve because the interests of the child are directly affected here, and an incorrectly made decision, from the point of view of the interests of the child, can turn into a tragedy for him.
Therefore, the key point in such disputes is the interests of the child.
The court will take into account the age of the child, his affection for each of the parents, brothers, sisters (if any), other family members, moral and other personal qualities of the parents, the relationship between each of them and the child, the prospect for him to educate and develop , as well as the type of activity and mode of work of parents, their financial and marital status.
You should know that the advantage of one of the parents in terms of material and domestic terms in itself is not an unconditional motive in order to satisfy his requirements and other circumstances that characterize the situation that has developed in the places where the mother and father live, may outweigh the material-household argument.
A guardianship and trusteeship body is involved in the case, which is obliged to submit to the court an act of examination of the living conditions of the child, and acts of examination of the material and living conditions of each of the parents, as well as its opinion on the merits of the claimed claim. This conclusion reflects the opinion of the child and his attitude to parents (and in the cases provided for by law, the consent of the child).
If necessary, interview the child, the court conducts such a survey taking into account the age and development of the child, in the presence of a teacher (psychologist), in an environment that excludes the influence of interested parties on him.
At the request of one of the parents or other participants in the process, as well as on its own initiative, the court may, if necessary, appoint a psychological-pedagogical or comprehensive medical-psychological-pedagogical examination to resolve issues requiring special knowledge.
The circle of necessary evidence that must be presented by each parent is determined by the court, however, the parties are entitled to submit any additional evidence aimed at proving the possibility of this party to provide the child with the best conditions for upbringing and upkeep.
As evidence, it is necessary to provide, among other things, certificates and characteristics from the place of work and place of residence of both parents, other documents characterizing the parents and their attitude towards the child (s), behavior at the place of work and place of residence, certificates and characteristics of the child and parents from educational institutions, etc.
Article 67 of the Civil Procedure Code of the Russian Federation establishes that the court evaluates evidence based on its internal conviction, based on a comprehensive, complete, objective and direct study of the evidence in the case.
And therefore, I would like to hope that the court will make a decision that would correspond to the interests of the minor child, and not to the interests of one of the parents.