The Family Code governs the rights of spouses who decide to divorce. According to the law, both spouses have the same duties and powers regarding the maintenance and upbringing of children under the age of majority.
It is believed that after the divorce, the parent to whom the child has more physical and spiritual attachment has more rights for children. There is also another, equally common opinion that children should stay with the parents who have the best material resources.
Both of these stereotypes are not true. According to the law, both mom and dad have equal rights and duties concerning their children. None of the parents can have any advantages over each other. To determine the future place of residence of the offspring, the court conducts a comprehensive study of the circumstances of the case, taking into account various individual factors, and only then decides who will stay with the child after the divorce.
Going to court
Quite often, spouses who decide to leave have deep interpersonal problems between themselves and therefore cannot think soberly and rationally. Trying in all possible ways to infringe upon the dignity and interests of each other, they begin to hide behind the interests of the children. Unfortunately, such spouses forget that the dissolution of marriage brings them the most suffering to their daughter or son. The court, while deciding who the child will remain with, is primarily guided by their interests.
How to apply?
The statement of claim for divorce must contain a description of all the circumstances of family life and a list of all convincing arguments about who children should live with after the parents’ divorce. The available evidence should support the above cases. Both parents make arguments in court that testify to their ability to provide children with the best conditions for living and development – material, spiritual, physical.
The basis of the judicial system for the division of children is the Law on the Protection of the Rights of the Child. Before making a decision, the court must get the opinion of all participants in the process and examine in detail all the circumstances relating to the family.
Particular attention is paid to the following: The opinion of a son or daughter is taken into account if he has reached the age of 10 years. The child is asked questions: where and with whom from his parents does he want to live, with whom does he have a better relationship, and to which of them does he feel great affection.
Communicating with kids under ten years old in court will not happen because by default it is believed that they will feel better next to their mother. This belief is based on the principle outlined in the Declaration on the Rights of the Child – babies should not be separated from their mother unless individual cases occur.
If it turns out that the father has a secure attachment to the child, insists that the child lives with him, is ready to take care of his upbringing and development, then the daughter or son may be left with the father. It should be noted here that most of the fathers, wishing to take away the heir from the former spouse, are guided solely by revenge, resentment, and demonstration of their ambitions. If the former husband did not go for walks with a small child, did not engage in treatment, reading fairy tales, that is, did not pay attention to him, did not participate in his development and upbringing, then the court takes the side of the mother.
Among other things, the court takes into account such circumstances as the financial situation of each of the parents, their living conditions, social environment, and others.
Recently, a new article has appeared in Indiana legislation, according to which parents can retain their rights to children.
In this case, each parent allocates a room in his apartment and adapts it to the child. In this case, both the father and the mother should carry out the full maintenance of the child. In this form of separation of children, it should be borne in mind that joint custody of a child is possible only if he is six years old. Children under six years of age usually stay with their mother and live on her territory.
The effect of divorce on the child’s psyche
Spouses who have decided to divorce must remember, the divorce will affect not only the future of their offspring but also on his mental state. So, if the parents live together just for the sake of the child, retaining the appearance of family life, then in such a situation it is better for the couple to part and lives separately.
A divorced spouse must understand that children need to communicate with both mom and dad. For the child to develop mentally normally, the spouses should remember a few simple rules: Do not transfer your hatred and a bad attitude to the former half to your child, calmly react to the new family of the former spouse or wife.
If you are left with a child, or even with two children, there is no need to dwell on the fact that now you can never arrange your personal life. Communicate more with friends, visit interesting places with your son or daughter and be happy. Remember that your child will never feel satisfied, knowing that you feel bad. Living after a divorce with children is many times better than a divorce and being left without them.