In families where there are children, during a divorce, the question may arise about which of the parents their common child will live with until the age of 18. This issue can be resolved during a divorce in court or after a divorce. It is possible to agree on the place of residence of the child without a court.
Determination of the child’s place of residence without the participation of the court
The place of residence of the child can be determined in the Agreement on Children. In this document, it is also possible to determine the issues of communication with the child, his maintenance, the procedure for leaving the Republic of Belarus, etc.
Such an agreement is concluded by the child’s parents in writing and certified by a notary. You need to come to the notary in person, with a passport or a residence permit and confirm that the Agreement on children is concluded by the real parents of the child. To do this, it is necessary to bring the child’s birth certificate and other supporting documents. For the fact that the notary certifies the agreement, you need to pay a notary fee.
Determination of the child’s place of residence in court
When the divorce process is in court, an agreement on children can be concluded during the process. In this case, you do not need to contact a notary. The agreement is approved by the court.
When spouses refuse to enter into an Agreement on children in court during divorce, the child’s place of residence is determined by the court. If the child is 10 years old, the court takes into account his opinion about the place of residence, if it does not contradict the interests of the child. The child’s opinion is clarified by the guardianship authority at the child’s place of residence.
To determine the place of residence, the court takes into account all the circumstances of the child’s favorable development. The court will require the conclusion of the guardianship authority, which will include the opinion of this body on the issue of the best place of residence of the child. Therefore, divorcing spouses need to be ready to examine the housing conditions in which the child is supposed to live. In all cases, the court proceeds from the interests of the child, not the parents, when determining the child’s place of residence.
The Court takes into account:
- which parent cares more about the child,
- the age of the child and his attachment to each of the parents,
- the personal qualities of the parents,
- the living conditions and psychological atmosphere in the place of residence of each of the parents,
- the opportunity to raise the child by each of the parents.
How we can be useful in determining the child’s place of residence
Our lawyers and attorneys are experienced specialists in family law and speak English. We can:
- Orient in matters of determining the child’s place of residence;
- Help draw up an agreement on children;
- Suggest what documents will be needed for a favorable resolution in court of the issue of determining the child’s place of residence;
- Make a statement of claim and collect the necessary documents for the court;
- Represent your interests in court.
Contact us
If you have any questions or disputes about determining the child’s place of residence, we will be happy to help you! Our many years of experience in the field of family law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
