How to pick up a child from an ex-wife?

How to pick up a child from an ex-wife in Ukraine?

If the parents could not agree on their own, the question of the further place of residence of minors is decided by the court. Despite the fact that, in accordance with the norms of the Family Code of Ukraine, spouses have equal rights and obligations as parents, children after divorce are much more likely to remain with their mother. In order for the court to make a decision in favor of the father, he needs to prove that he is more capable of providing the child with decent conditions for development and a fulfilling life.

It is possible to decide the question of which of the parents the child will live with both during the dissolution of the marriage and after it. In both cases, the court will act in the interests of the minor, will consider all the evidence submitted by the parents, and will also involve the guardianship and guardianship authorities, a teacher, a psychologist, etc.

Also useful information on the website “Divorce Online” of Alexey Nikolayevich Scriabin’s family lawyer may be for you: how quickly to leave, divorce and children, documents for divorce with children, how do children share in divorce? a divorce from a child, communication with a child after a divorce, restriction of communication between a father and a child, the wife prohibits seeing the child – what to do?

Can the father take the child away from the mother in Ukraine?

Despite the fact that the principle of the Declaration of the Rights of the Child states that a minor should not be divorced from his mother, the court recognizes that a child should be raised by a father who is able to provide better conditions for his life and development. Therefore, if the ex-wife is not able to act in the interests of the child as effectively as the father, then the court may recognize the need for the child to live with the father. These circumstances give a real opportunity for the father to take the child for his upbringing.

The settlement of the dispute on the residence of minor children takes place in court at the place of residence of the minor child or the defendant. The main points that the court will pay attention to when making a decision:

• the age of the minor (newborns are not separated from their mother, since they are physically dependent on her presence);
• the degree of attachment of the child to the mother and father, as well as to other relatives;
• financial situation of parents;
• living and living conditions of parents (for the main meeting they are checked by the guardianship and guardianship authorities, then the judge is given an opinion);
• moral qualities of mother and father.

Despite the fact that the financial situation and level of income of the former spouses affects the decision of the court, this circumstance is not key. Sometimes in a rich dad it is not possible to devote enough time to the child. Therefore, the main reason for the decision in favor of the father is the failure of the child’s mother to fulfill her parental responsibilities.

If a person can prove that the ex-wife is abusing maternal rights, not acting in the best interests of the child, behaving immorally, or having a drug or alcohol addiction, the father can count on being able to take the child into foster care. In addition, the court is obliged to take into account the opinion of the minor himself if he has reached 10 years of age.

What it takes to pick up the baby from the mother in Ukraine

In order to legally take the child from his ex-wife, the father needs to go to court and draw up a statement of claim. It must indicate:

1. the requirement to determine the place of residence of the minor with the father;
2. the arguments on which the father relies,
3. proof of their position.

Depending on what the ex-husband’s claim is based on, additional documents can be attached to the claim. If the father relies on his own ability to raise the child, he can imagine:

• income certificates;
• characteristics from the place of work and place of residence;
• conclusion about housing conditions;
• testimony of witnesses proving that the father takes an active part in the life of the children and is involved in their upbringing and development;
• Information about the outstanding social achievements of the father (charity, etc.).

If the requirements are based on the ex-wife’s failure to fulfill maternal responsibilities, the arguments for the court may be:

1. medical certificates testifying to the harmful dependence of the ex-wife or her chronic diseases (alcoholism, drug addiction);
2. characteristics from the place of residence and place of work, proving the mother’s tendency to antisocial behavior (if drinking, inadequate, aggressive, etc.)
3. information about the ex-wife’s failure to fulfill parental responsibilities (for example, if she does not live with the child, does not participate in her life, lost her child, etc.).

Specialists will be involved before the meeting: psychologists and social workers. It is they who, in the main hearings, can conduct a conversation with the child and find out his emotional state and the degree of commitment to each of the parents. However, during a conversation with a child, they can also exclude the influence of ex-spouses in his opinion.

How to legally pick up a child from an ex-wife in Ukraine

According to the Civil Code of Ukraine, the place of residence of a minor is the place of residence of his parents or legal representatives. Therefore, the father has the right to demand that after the dissolution of the marriage, the common child should live with him. In case of legal proceedings, the decision is made on the basis of the totality of all the arguments and evidence provided.

After the termination of the marriage relationship, the parent has the right to see the children or take them to a residence, participate in their life and receive any information about the state of health, development, education. However, if the mother of the child after the divorce does not take care of her upbringing, neglects her duties or interferes with meetings with the father, he can apply to the court with a request to change the decision on the place of residence of the child.

The ex-husband’s initiative must be supported by documentary evidence. The court will pay attention to the behavior of the spouses, consider the possibilities of both parties to carry out upbringing. In order to take the child away from his ex-wife legally, the father needs to prepare arguments that will be shown by the courts, it is he who is able to provide the children with the most comfortable conditions for life, upbringing and education.

How to sue (take) a child from his wife in case of divorce in Ukraine

You can decide who the child will stay with during the dissolution of the marriage. To do this, the spouses need to go to the district court and submit an application with the requirement to dissolve the marriage and determine the place of residence of the children. Regardless of who is the initiator of the termination of family relations, both parties can claim to live together with a joint child.

In this case, a commission will be appointed to the main meetings to examine the living and living conditions of both parents, which will be conducted by employees of the guardianship and guardianship authorities. The inspection report will be provided during the court hearing. After inspecting the premises, psychologists and social workers conduct a conversation with the child himself. Usually minors under the age of ten are not summoned to a meeting, so as not to traumatize the child’s psyche.

If the child is already 10 years old, he can be heard in court. In this case, the opinion of the minor can become a decisive factor for the decision of the court.

To sue (take) a child from his wife in case of divorce, the father must prove that he is able to provide conditions for his life and development. Housing conditions, emotional connection with the father, the moral character of the father, capable of contributing to the adoption of a court decision on the minor’s residence with him.

How to deprive a mother of parental rights in favor of the father in Ukraine

Sometimes, not only cohabitation, but also communication between children and their ex-wife can harm minors. In this case, it is possible to restrict parental rights or completely deprive them. The grounds for deprivation of parental rights may be:

• neglect by the mother of her responsibilities for upbringing, maintenance and development;
• leaving the child in social or medical institutions (maternity hospital, hospital, kindergarten)
• aggression towards the child;
• the presence of bad habits and an immoral lifestyle (proven alcohol, gambling, drug addiction).
• the mother has committed crimes or administrative offenses.

The first measure in judicial practice is usually the restriction of the mother’s parental rights. If within six months the ex-wife does not change her behavior, the court may decide to completely deprive her of parental rights.

A claim for deprivation of parental rights is filed in court. After accepting the application, the guardianship and guardianship authorities will visit both parents to confirm or refute the arguments presented by the husband. In addition, the plaintiff must be provided with the maximum amount of evidence of neglect of maternal rights. They can be characteristics, testimony of witnesses, certificates and photographs.

The court will also take into account the father’s attempts to rectify the situation: establishing communication between the mother and the child, measures have been taken to treat the ex-wife. In the event that all activities have been tested, but finding and communicating with the ex-wife can still harm the child, the court will make a decision to deprive her of parental rights.

Deprivation of parental rights is the most difficult process in family law, since the legislator primarily aims to preserve a complete family for the child, in order to ensure full upbringing and development.

If, nevertheless, it is impossible to resolve this situation in another way, we recommend that you contact our family lawyer, thanks to the experience and authority, even online will help you collect the necessary evidence and draw up a statement of claim.

Useful site materials rozluchennya-onlain.com.ua:

1. Children’s agreement upon divorce
2. The wife forbids seeing the child – what to do?
3. Limiting communication between father and child