Child's Place of Residence Attorney

During the process of divorce, former spouses often divide not only their property but also their children. In practice, this is resolved by determining which parent the child will live with in the future, as well as addressing the issue of the other parent's right to visitation and participation in the child's upbringing and support.

According to the legislation, both married and divorced parents have the right to determine the place of residence for their common children. Some come to a mutual agreement on this matter and resolve it voluntarily, while others do so through the conclusion of a joint parenting and custody agreement. However, there are frequent cases where determining the child's place of residence is impossible without the involvement of guardianship authorities or the court.

The family dispute attorney at the law firm "Morgun and Partners" specializes in determining the child's place of residence both through legal proceedings and extrajudicially by concluding a notarized agreement between the parents or obtaining a decision from the guardianship authority.

In such cases, a family dispute attorney can assist you by:

• Preparing a draft agreement between the parents regarding joint parenting and custody of the child, taking into account the child's best interests and the client's wishes regarding the child's place of residence, the manner and conditions of the other parent's involvement with the child, child support, etc.;
• Preparing an application to the guardianship authority for determining the child's place of residence and accompanying your case in the Department for Children and Family Affairs;
• Preparing a lawsuit, collecting all the necessary materials for filing the lawsuit, and representing your case in court.

Please note that when determining the child's place of residence through the court, the child's best interests are primarily taken into account, while the parents' interests are secondary. The court considers a large number of factors and circumstances that influence the final decision.

Here are some key points that the court pays attention to when making a decision regarding the child's place of residence:

• How the parents relate to each other and to the child;
• How the child relates to the mother and father;
• The age of the child at the time of the case consideration;
• The child's health condition;
• Whether one of the parents obstructs the child's communication with the other parent;
• The income of the plaintiff and the defendant, if any, and the extent of it;
• The duration of the child's residence in a specific location;
• The child's socialization in their current place of residence at the time of the case consideration;
• The living conditions of the plaintiff;
• The work schedules of the parents;
• Whether anyone else besides the mother/father will reside with the child, and if so, who specifically;
• The living conditions that will be provided to the child;
• Conclusions of the psychologist who conducted the examination;
• Whether the parents have violated the law;
• The example each parent sets for the child;
• Whether the parents show interest in the child's life.

Each individual case is unique, individual, and often complex. Therefore, it is essential to seek qualified assistance from a family attorney in such matters.