When parents decide to leave, steadily there is a question with whom there will be a child after the divorce. Parents can independently resolve such issue, having concluded the settlement agreement. In case of a disputable situation, case is solved by magistrate's court.
Instruction
1. For initiation of proceedings it is necessary to submit a claim on divorce and on definition of the residence of the child. And the woman has to act as a plaintiff. In the claim you have to prove why the child has to remain with you, but not with the father who will be a defendant. It is good if the defendant lives in one city with the claimant as case will be considered at the place of residence of the defendant.
2. On a preliminary conversation if you with the defendant do not come to the general opinion, it will be offered to you to prove your position in court. You will have to produce the evidence of your mutual attachment with the child. As the proof it is possible to offer testimony, photos, tickets (for example, at cinema or on attractions), video filming.
3. In a special case the psychologist's conversation with the child on the basis of which conclusions will be drawn is possible, with whom he wants to live. Try to avoid it as it will become additional test for your child.
4. In addition, you should prove that you will be able to provide the child. Documents on the property right of housing (or the copy of the employment contract of housing), characteristic from the place of work, the certificate of your income are for this purpose submitted. If necessary the statement of inspection of housing which is drawn up by department of guardianship and guardianship can be required. In the act it has to be specified that you have all necessary living conditions for keeping of the child. On the basis of all this the court makes the decision on definition of the residence of the child.