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The issue of determining the child’s place of residence

Divorce almost always involves the presence of complex and quite stressful situations. This is especially true for questions about the fate of children after the breakup of a relationship. Because of this, the child is often unable to accept the reality that he faces. That is why you need to try to reduce all family disputes to a minimum.

Judicial practice shows that the couple can quite peacefully approach the issue of where the child will live. In this case, the spouses conclude a contract that will specify not only the place of residence of the child but also the conditions for his upbringing and support. Any such agreement for divorce must be confirmed by the consent of the child if he is already ten years old. If a child has reached the age of fourteen, they have the right to decide where and with whom they live.

If an agreement cannot be reached

As it turns out, not all spouses are ready to peacefully resolve the issue of living and raising a child. In this case, the party who is interested in finding a way out of this situation must enlist the help of the guardianship or guardianship authorities. If such a decision is not successful, then you need to file a lawsuit to determine the child’s place of residence.

The court and the guardianship Board will always put the interests of children first. In the course of the decision in court, the personal characteristics of the parents and their interest in raising the child will be clarified. The court will also pay attention to the wishes of the child or the different degree of attachment to the parents. The parent loses the chance to make a decision in his favor if he has a harmful addiction (alcohol, drugs, gambling, etc.) or does not have a stable income. It is not uncommon for parents to be unable to prove their ability to raise a child, so the court or the Board of Trustees decides to transfer the child to one of their close relatives if the latter has made the appropriate demands. If there is no one else left, then it is the state that undertakes to educate and determine the place of residence of the child.

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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