After a divorce, in families where there are children, disagreements may arise between parents on issues of participation in the upbringing of children (child). The disagreements that the parents could not resolve among themselves are resolved by the court. Most often, the trial is initiated by the father or mother of the child, who lives separately from the child after the divorce, but there may be other situations.
Elimination of disagreements in the upbringing of children between parents
Parents can ask the court to resolve differences between them on the issues of parenting, when there are differences on the issues of:
- methods of parenting,
- getting an education by children,
- children’s attitudes to religion,
- organization of children’s free time and other issues of parenting.
Participation of the child’s parent in his upbringing
A parent who lives separately from the child has the right to communicate with the child and is obliged to participate in the upbringing of the child. The parent with whom the child lives has no right to prevent the other parent from seeing and communicating with the child. Disputes about participation in the upbringing of a child can also be between parents who, after a divorce, live at the same address.
A legal dispute about the participation of a parent in the upbringing of a child may arise when the parent with whom the child lives prevents the other parent from participating in the upbringing of the child.
A parent who asks the court to determine the procedure for his participation in the upbringing of a child must confirm that he is not registered as dependent on alcohol, drugs, is not mentally unstable. It is necessary to collect positive characteristics from work, place of residence.
The court summons a representative of guardianship authority. The guardianship authority must check the home conditions of the parent to determine that the conditions are favorable for the development of the child and submit its conclusion to the court.
The court takes into account the regime of the child’s day and the testimony of witnesses, disagreements between parents on the child’s upbringing, the child’s attachment to parents, etc.
What order of participation of a parent in the upbringing of a child can be determined by the court
The Court determines:
- How often a parent will communicate with children – how many meetings can be minimal per month, per week, on weekends.
- Where the parent will communicate with the child – in the house where the mother, father lives, at school, in kindergarten, etc.
- How much time a parent can communicate with a child in days, hours, days, during the parent’s vacation, etc.
The parent with whom the child lives has no right to prevent the other parent from following this procedure.
How we can be useful in solving questions about the participation of the father (mother) in the upbringing of the child
Our lawyers and attorneys are experienced specialists in family law and speak English. We can:
- Advise you on the issues of participation in the upbringing of children;
- Analyze the possible order of participation in the upbringing of children of the father or mother of the child in order to offer it in court;
- Draw up the necessary documents, including an application to the court or a complaint against a court decision, if necessary, build a defense strategy;
- Represent your interests in court under a power of attorney.
Contact us
If you have any questions or disputes about the participation of the father (mother) in the upbringing of the child – 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.
