How to take custody of child from mother
6 Ways on How a Mother Can Lose a Custody Battle
Get ready to learn the top 6 ways a mother can lose custody
by B. Robert Farzad
Mothers can and do lose custody battles to fathers...here is how
Fathers often think there is a bias against dads in family court. Our experience is very different. Not only is there not a bias but there are proven ways on how a mother can lose a custody battle to a father. In this informative guide, we walk you through the the top 6 ways mothers lose custody of their child.
What are the top 6 reasons a mother can lose a custody battle?
First, there are two things you should know.
- This article is about a mother's serious misconduct that should cause her to lose custody. It is not about how a father should engage in unnecessary or unreasonable litigation conduct.
- This is also for fathers who have the courage to litigate the child custody case. A goal without a plan is a wish.
If you "wish" to make changes, but will not follow through to do it, you are wasting your time reading this article.
If you have the ability and courage to expose the mother's misconduct in family court and make positive changes in your child's life, you are in the right place.
Below are the list of chapters to this article. Click on each image if you want to skip ahead.
We also created a companion video to go with this article. The video will give you a nice preview of what you will read. The video is below the table of contents.
Play Video
We hope you enjoy this video on how a mother can lose custody of her child. For those who are unable to view it, we created an accessible transcript.How does a mother's physical abuse cause her to lose custody of a child?
Physical abuse is a legal basis for a mother to lose custody of the child.
If you as the father allow physical abuse to continue and do not act, you may be committing child neglect.
You have a duty to protect your child. There is no time to waste. There is no better time than now to remove a child from a physically abusive situation.
You may be concerned about the custody battle ahead. You may believe the mother will deny the allegations. That is not a reason to allow a child to remain abused. A custody battle against an abusive mother can and should be won. An experienced child custody attorney can show you how.
Fathers sometimes ask whether corporal punishment is
physical abuse. The short answer is, "it depends." Physical corporal punishment
can and often does cross over into physical abuse. There is a big difference
between a light pat on a child's buttocks versus striking a child with the
belt. We believe corporal punishment that crosses over into physical abuse is a
proper basis for a mother to lose custody of the child. This is especially true
if the corporal punishment is not an isolated incident.
- B.
Robert Farzad
Mother's physical abuse of the child as a reason to lose custody
A mother loses custody of the child because of physical abuse of the child in any of the following ways.
- A report of the physical abuse to the proper law enforcement, who then takes action,
- A report to social services, sometimes called child protective services, who then opens a case and investigates the allegations. Child protective services has the power to remove a child from a physically abusive home and temporarily provide custody to the non-abusing parent or even other family members. That may then lead to a "Dependency" court action.
- A Family Court action where the father files
a request
for order with the court. This request for order tells the court about
the mother's abuse. It usually asks the court to award the father sole legal
and sole physical custody with professionally monitored visitation to the
mother.
Keep in mind there are mandatory reporters in California.
These mandatory reporters have a legal duty to report suspected abuse.
If you know or reasonably should know the mother is abusing your child, still do nothing and the first report is by a mandatory reporter, that may reflect poorly on you.
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Mother's physical abuse of the father as a reason to lose a custody battle
A mother loses custody of the child because of physical abuse of the father in the following ways.
Law enforcement arrested the mother because of a domestic violence incident.
This typically leads to the father receiving an emergency protective order from the police and a possible criminal protective order from the criminal law judge. The criminal protective order occurs if the district attorney or city attorney prosecutes the mother.
The father's domestic violence restraining order petition in Family Court, where the father requests sole legal and sole physical custody and likely supervised visitation for the mother.
Can a mother's emotional abuse really cause her to lose custody of a child?
Emotional abuse comes in different forms. Here are the most common.
- A mother's verbal abuse towards child: This is usually badgering, disparaging or belittling the child through yelling at him or her for unjustified reasons.
- A mother's parental alienation of the father: Parental alienation takes many forms and we provide you with two links below that go deeply into this topic.
- Withholding love or emotional support from the child: This may be the most difficult to prove.
- Physical or emotional abuse of the father or sibling: No child should witness abuse. If a mother exposes a child to physical abuse of the father or the child's sibling, that is proper grounds for the mother to lose custody of the child.
How serious must neglect be for a mother to lose custody?
Serious neglect is proper grounds for a mother to lose custody.
There is no "perfect parent" standard in the California Family Code. Family law judges understand parenting is an imperfect process. Parents will make mistakes.
There is a difference between a mistake and a consistent poor exercise of judgment.
A mother's serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child.
Neglect that may cause a mother to lose custody of her child includes conduct that jeopardizes necessities. This includes food, shelter, clothing, and education.
For example, a mother may lose custody of the child if she is unwilling to provide the child with a safe place to live. She may also lose custody of the child if the child suffers from malnutrition, is not properly clothed or fails to attend school.
What is frustration of parenting time and how can it lead to a mother losing custody?
Frustration of parenting time does not have a specific definition in the California Family Code.
However, we have a specific definition for it. We call frustration of parenting time (1) consistently and (2) unreasonably limiting or interfering with the other parent's parenting time.
A mother who consistently and unreasonably frustrates a father's parenting time should lose custody. We provide three reasons for this conclusion.
- Frustrating a father's parenting time shows a lack of respect for the father's role in the child's life,
- Frustrating parenting time also shows an inability or refusal to co-parent, and
- A mother who frustrates a father's parenting time is usually also capable of engaging in worse conduct, such as parental alienation. We commonly see frustration of parenting time that goes unpunished eventually lead to active alienation.
Can a mother's violation of a court order cause her to lose a custody battle?
Violations of court order are like any other form of misconduct.
The more serious the violation is, the more serious the consequences should be. Assume a mother is consistently late to drop off or pick up of a child by a few minutes.
That may technically be a violation of a court order. That rarely, if ever, will result in any change in custody.
Now assume a mother decides the court's order that provides the father with specific parenting time is a suggestion, not a directive. Therefore, she cancels the father's parenting time when she wishes to do so.
That is a serious violation and if, it continues, that should lead to a mother losing custody of a child.
The biggest mistake we see fathers make is to allow the violations of the court order to go without any consequence. We understand why a father may sometimes do this. He wants to avoid conflict.
However, what a father who does this does not understand is the lack of action promotes conflict.
Doing nothing accomplishes nothing
A mother will simply not understand that she is at risk of losing custody if the father allows the mother to violate court orders.
All that does is solidify for the mother the delusion court orders are mere suggestions and not directives she must follow.
The longer a father allows this to happen, the harder it may be to convince the court the father is taking the situation seriously.
If a mother's violation of court orders is having a negative effect on your relationship with the child or children, you must act.
A mother in that situation should lose custody of the child and such a loss is consistent with the child's best interest if you value the quality relationship with the child as the child grows older.
What are the steps a father should take in a custody battle?
The father's steps to take custody away from the mother depends on whether the father already has a child custody order.
If the father is married to the mother and neither has filed for divorce, the father has to decide whether the situation is serious enough to proceed with a dissolution of marriage or legal separation petition.
There is a procedure available to seek child custody orders without seeking dissolution or legal separation. Married parents rarely take that approach. If the parenting situation has become that strained, the chances are good the marriage is over.
Fathers in this situation should do the following.
- Document the mother's misconduct and make reasonable efforts to reach a resolution that stops the misconduct. The documentation can be through electronic or even written communication with the mother.
- If the mother's misconduct does not stop, the father should consult with a family law attorney to discuss his options.
- If the father proceeds with a dissolution, legal separation or child custody petition, he should file a request for order that asks the court for appropriate custody and parenting time.
The answer for unmarried parents is almost identical except they do not seek a dissolution or legal separation petition.
The father instead files a parentage petition.
After the father files a parentage petition, he serves the petition through the appropriate means on the mother.
The father should also file and serve a request for order that seeks appropriate child custody and parenting time.
Parents who have a child custody orderFathers have several options available to them.
- The father may communicate with the mother, document the violation and attempt to resolve it without court intervention.
- The father can file a contempt order to show cause against the mother if her conduct violated the court order.
- The father may decide to file a request for order and ask the court for a modification of child custody or parenting time. The more serious the violation, the more likely the father should seek sole physical custody and perhaps even sole legal custody of the child.
Each of the above three options applies if the father has a temporary order.
With the temporary order, the father needs only to show that a modification of the current custody order is in the child's best interest.
The above three options also apply if the father's custody order comes from a final judgment.
However, if the father wants to modify legal custody or change parenting time to a significant degree, he usually needs to show a significant change of circumstances before showing why the modification is in the child's best interest.
That should not be too difficult if there is physical abuse, serious emotional abuse or serious neglect. In other words, the father should not struggle to make this showing if the mother's misconduct is serious enough to cause her to lose custody of her child.
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What is your next step?
Fathers who are serious about parenting and who deal with very unreasonable mothers who engage in willful or reckless misconduct should not hesitate to seek court intervention.
Your child is worth your time and effort.
To allow your child to be in an unsafe or unhealthy environment can have a lasting, negative impact on his or her life.
There is no substitute for legal advice from and representation by an experienced California family law attorney. We believe good men and women deserve great family law representation. Contact us for a strategy session.
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Child Custody | North Carolina Judicial Branch
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NEW RESOURCE: Child custody and visitation recommendations during COVID-19. Learn more.
What is child custody and visitation?
Child custody includes the right to make major life decisions about a child and the right to have the child in your care. Visitation is a secondary form of custody, which includes the right to visit with a child at times set forth in a court order, sometimes under specific conditions. “Visitation” is frequently used to refer to a person’s parenting time when it is relatively limited.
What is the difference between legal and physical custody?
Legal custody is the right to make major decisions about the child. Physical custody means the right to have the child in your physical care, either all the time or part of the time. Both legal and physical custody can be either shared by the parents or held solely by one parent.
What do sole custody and joint custody mean?
A parent who has sole legal custody can make major decisions about the child’s life without consulting the other parent. If parents have joint legal custody, then they must consult one another and jointly make major decisions, such as where the child will attend school or whether the child will have a major medical procedure. If the parents cannot agree, a court may have to make the decision.
Sole physical custody means that the child lives with one parent only, though the child may visit with the other parent. Joint physical custody means that the child’s time is split between the parents.
There are many possibilities for joint physical custody. One parent may have primary physical custody, meaning the child lives with that parent most of the time, while the other parent has secondary physical custody, for example, every other weekend, or regularly scheduled dinner visits. Alternatively, there may be an equal split in which the child alternates between the parents on a regular basis.
Am I required to get a custody order?
Parents who are no longer together are not required to get a custody order, but may choose to do so in case they do not agree about the child’s care. Non-parents do not need a custody order to provide temporary care for a child as long as the parents agree that the child will live with or be cared for by the non-parent. However, schools, medical providers or other third parties may require a custody order before allowing a non-parent to make decisions for a child.
What happens if there is no custody order?
Both legal parents have equal rights to the child if there is no custody order.
“Legal parents” are people officially recognized as parents on the child’s birth certificate, a court order such as a child support or adoption order, or an affidavit of parentage. Without a custody order, the rights of non-parents are much more limited, and the parents generally have the right to custody of the child.
What happens when the child turns 18?
At age 18, your child is legally an adult, and the courts no longer have the authority to order custody or visitation.
Does the law prefer one parent over the other?
No. Either parent can be awarded custody of a child of any age, depending on the family’s specific circumstances.
Does failing to pay child support affect a parent’s custody rights?
A parent’s custody rights do not depend on payment of child support, but on the type of relationship with the parent that is in the child’s best interests. A court may consider refusal to pay child support in its analysis of the parent’s ability to act in the child’s best interests.
What is an emergency custody order?
An emergency custody order, sometimes referred to as an “ex parte order,” is an immediate, short-term custody order that a judge can grant under limited emergency circumstances, without hearing from the other party. The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts. Law enforcement can assist in recovering a child with an emergency custody order. If an emergency custody order is granted, a hearing must be scheduled so that both parties have the opportunity to be heard. You should consider hiring an attorney if you need to file for emergency custody, because the process is complex.
Filing for Custody
Who can file for child custody or visitation?
Any parent can file for custody, whether the parents are separated, divorced or never married.
Third parties, such as grandparents, relatives, or others who have cared for the child, can file for custody or visitation under some circumstances. To obtain custody, non-parents must prove that the parents are either unfit to care for the child or have not acted in accordance with their rights as parents, for instance, by abandoning the child to be raised by a non-parent. Grandparents may also be awarded visitation in some circumstances when there is a custody case between the parents. Non-relatives requesting custody must prove that they have a substantial relationship with the child.
How do I file for custody?
To ask a court for a child custody order, you must file a complaint. Your lawyer can file the complaint for you, or if you do not have a lawyer, you can file a complaint yourself.
What resources can help me file for custody without a lawyer?
You can find information online about the process, child custody paperwork, and clinics conducted by Legal Aid of North Carolina.
Where should I file my custody case?
Custody cases must be filed in the child’s “home state,” which is the state where the child has lived for the six months before the case is filed. If you had a previous custody case about the same child in a different state, you generally must return to that state to change your custody order as long as one of the parties still lives there.
Within North Carolina, you may file a custody case in the county in which the child resides or is physically present or in a county where the parent resides.
What happens when I file for custody?
After you file your case, you must ensure that the summons and complaint are served on the other parent, generally either by the sheriff or through certified mail. A judge can only make decisions in your case after the other parent has been served with the summons and complaint.
Generally, before a judge can hear your case, it will be sent to the Custody Mediation Program.
See the Custody Mediation Help Topic for more details about custody mediation. If you and the other party are unable to agree on a custody and visitation plan in mediation, a judge can hear your case to make a decision for you. In most cases, a hearing will be scheduled only if one of the parties requests it.
I went to court for custody in the past, but the situation has changed. Can I file a new case?
If a judge signed a custody order in your earlier case, you will need to file to modify that order rather than filing a new case. In general, your Motion to Modify should be filed in the court that made the original decision. In some situations, if your previous case was dismissed, you can file a new custody case. See below for more information on modification.
Legal Representation
Do I need an attorney for my child custody case?
You are not required to hire an attorney, but child custody cases are often factually complicated and require the presentation of witnesses and documents.
If you represent yourself in court, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot provide you with legal advice about your rights and obligations or the likely outcome of your case based on your family’s circumstances. See the Find an Attorney Help Topic for more information about finding an attorney to represent you.
Can I get a court-appointed attorney for my custody case?
No. The court does not appoint attorneys to represent parties in child custody cases.
Court Process
Someone has filed a case for custody or visitation against me. What do I do?
If you are able to do so, you should discuss the case with an attorney as soon as possible. You must respond to the lawsuit by filing an Answer within 30 days after you are served with the summons and complaint. You should also attend all mediation and court dates.
You will not be arrested for failing to appear in court for your custody case. However, if you do not attend mediation or hearings, you will lose your opportunity to tell the judge your side of the story and request custody or visitation rights.
What is custody mediation?
Custody mediation is a conversation between the parents assisted by a professional mediator. The mediator works with the parents, without attorneys in the room, to come to an agreement about child custody, if possible. You can learn more about mediation in the Custody Mediation Help Topic.
Who will decide my custody case?
If you and the other parent are not able to agree on a custody order in mediation, a judge will decide your case after a trial in which you both have the opportunity to testify and call witnesses. If your judicial district has a family court program, you may have one family court judge assigned to decide all matters in your case. If not, any district court judge can hear your case.
What will the judge consider in deciding my case?
Judges decide child custody based on “the best interests of the child.” This decision can include many factors, such as the parents’ living arrangements, each parent’s ability to care for the child, the child’s relationship with each parent, and any other factors affecting the welfare of the child. While fairness to the parents is important, this is secondary to the child’s welfare. A party’s shortcomings as a spouse or relationship partner will generally only carry substantial weight if they also impact the party’s parenting abilities. An attorney can advise you on the most relevant factors in your specific case.
Can my child talk to the judge about what he or she wants?
There are two situations in which a parent may bring a child to testify in court, and the requirements are slightly different. There is no age limit preventing parents from bringing young children to testify, but this can affect the judge’s view of the parent’s judgment, depending on the age of the child and other circumstances.
- Children can testify as witnesses to specific incidents. Before taking testimony from a child, the judge must determine that the child understands the importance of telling the truth.
- Children can speak to the judge about their preferences. In this case, the judge must determine that the child understands the importance of telling the truth and that the child has reached the “age of discretion,” meaning that he or she has sufficient maturity and good judgment. Judges often consider teenagers’ preferences about where they want to live, but are not required to order what the teenager wants.
Many judges prefer to have children wait outside the courtroom rather than observing the trial. Many judges will speak to children “in chambers,” meaning in a separate room without the parents present, rather than having the child testify in the courtroom.
What is the difference between temporary and permanent custody orders?
Judges may enter either temporary or permanent custody orders.
A temporary custody order will be in effect until the judge holds a new trial to make a decision about modifying the temporary order or entering a permanent order. Temporary custody orders are legally binding, but easier to change than permanent orders. If you are unhappy with a temporary custody order, you can schedule your case for a review of the temporary order or for a permanent custody trial. Temporary custody orders can become permanent if neither party requests another hearing for a long period of time. To change a permanent custody order, you must show that there has been a substantial change in circumstances affecting the child since the permanent order was entered.
I am currently in the military. What are my rights?
Specific laws govern the rights of active duty members of the military. If you are unable to attend court due to your active-duty status, you can request that the court case be put “on hold” until you return. You can find more information here.
Enforcement and Modification
The other parent has violated our custody order. What can I do?
You can file a Motion for Order to Show Cause or Motion for Contempt to ask the judge to hold the other parent in contempt of court for violating the order. If the judge finds that the other parent violated the order, the judge will decide the appropriate penalty. Penalties for contempt of court can include a verbal reprimand, a fine, jail time, or requiring the party in contempt to pay the other party’s attorney’s fees.
I have a custody order and want to change it. What can I do?
If you have a temporary custody order, you can schedule another hearing in your case without the need to file additional motions, though filing a motion may be helpful in some cases. If you have a permanent custody order, you must file a Motion to Modify. When you file a Motion to Modify, you must allege in your motion and prove in court that there has been a substantial change in circumstances since the original order was entered, and that those changes are affecting the child in a way that requires the old order to be changed to serve the child’s best interests.
I have a custody order from another state but now live in North Carolina. What do I need to do?
Custody orders from other states are valid in North Carolina. In general, even if you and/or the child has moved from another state to North Carolina, a judge in the original state will continue to make decisions in your case as long as one of the parties still lives there. If everyone has left the original state, you can ask the North Carolina courts to take over your case. If you want a North Carolina judge to enforce or change your out-of-state order, you must begin by registering the order in North Carolina. You can find the petition to register a custody order from another state or country here.
How does the court decide with whom the child stays?
Neither in theory, nor in the articles of the law, the term "section of children" exists. Children are not property, they are not shared. The court only determines with which of the parents will live child , who will pay child support and in what order, what will be the mode of communication of a parent living separately with child or children.
At what age does a child have the right to decide with whom to live?
To whom does the court leave the child?
The law determines the place of residence of children with their parents. If the parents live together, the child lives with them, if they live separately, with one of them. With whom exactly - the parents themselves or court should decide if the parents cannot or do not want to agree.
On what grounds can the father take the child from the mother?
criminal record, bringing to the police; a serious illness that prevents living with children; violence against children; failure to fulfill parental responsibilities (leaving children with other people, not attending school, etc.
Why is the child given to the mother?
The main factor under which the court can leave children with their father is the deprivation of mother parental rights in the presence of circumstances threatening his life, health and upbringing.
At what age can a child live independently?
According to the current civil and family legislation, minor wards who have reached the age of 16 may live separately from the guardian with the permission of the guardianship and guardianship authority, provided that this does not adversely affect their upbringing and the protection of their rights and interests.
Can I live separately from my parents at the age of 13?
The age from which years you can live without parents is legally enshrined in the Civil Code of the Russian Federation. It is possible to live separately from parents without their consent from the age of 18 . There are exceptions in which this age is reduced. The older the child becomes, the more he wants independence.
When does the court leave the child to the father?
In what cases does child stay with father ? So, if the mother of child is deprived of parental rights, then he will live with father .
Also, parents can enter into an agreement on education. In it, former spouses can stipulate that child will live with father .
At what age can a child decide with whom to live Ukraine?
It is important to note that the child is also given the right to independently choose from which parent he wishes to live. This right is granted at the age of fourteen.
When does a child have the right to vote in court?
Every person has his own opinion , regardless of age. The child must be listened to and respected. children have the right to vote in the divorce of their parents, and if he is 10 years old, the court will take into account his comments.
When can a father pick up a child?
In accordance with the family code, parents have equal rights and responsibilities. However, when the parents are divorced and the order of communication with the child is not defined, the father can take the child with the consent of the mother.
Will suffer as a result of child .
What rights does a father have over a child?
They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. 66 of the Family Code of the Russian Federation, a parent living separately from child , has the right to communicate with child , participate in his upbringing and address issues of education for child .
What rights does a father have over a child out of wedlock?
Accordingly, the duties of a man as a parent in an unregistered relationship will also be similar. The father has the following rights in relation to his children: The right to transfer his surname to the offspring. The right to allow or prohibit the mother from changing the surname of the joint children .
How to prove that the father violates the child's psyche?
How to prove that the father has a bad influence on children ?
- Witness statements, including close relatives
- Testimony given by a psychologist working with children
- Data received by the guardianship authorities on the father’s criminal record (if any), police calls, etc.
How to sue a child from a mother in a civil wife?
Since the issue is resolved in court, it is necessary to draw up a statement of claim, submit it to the court in accordance with the rules of jurisdiction, attach all supporting documents, it is possible to determine the evidence, then go to court hearings, defend your position.
How to take the child away from the mother if not scheduled?
Can father take the child from mother , if established paternity and parents are not registered ? In order to prevent the uncoordinated removal of child to the territory of the father, you can apply to the court in advance, with a claim to determine the place of residence of child with you.
What should I do if the father wants to take the child for himself, but the mother does not want to give it away and there are no grounds for deprivation of parental rights? - Lawyer in Samara and Moscow - representation in court and legal services
HomeQuestions and answersFamily law What should I do if the father wants to take the child for himself, but the mother does not want to give it away and there are no grounds for depriving parental rights?
Hello.
What should I do if the father wants to take the child for himself, but the mother does not want to give it away and there are no grounds for depriving parental rights?
Lawyer Antonov A.P.
Good afternoon!
Art. Art. 65, 66 of the Family Code, parental rights cannot be exercised in conflict with the interests of children. Ensuring the interests of children should be the main concern of their parents.
When exercising parental rights, parents are not entitled to harm the physical and mental health of children, their moral development. Ways of raising children should exclude neglect, cruel, rude, degrading treatment, abuse or exploitation of children.
Parents exercising parental rights to the detriment of the rights and interests of children are liable in accordance with the procedure established by law.
All issues related to the upbringing and education of children are decided by parents by mutual agreement based on the interests of the children and taking into account the opinions of the children.
Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and guardianship body or to the court.
The place of residence of children in the case of separation of parents is established by agreement of the parents.
In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the views of the children. At the same time, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the age of the child, the moral and other personal qualities of the parents, the relationship that exists between each of the parents and the child, the possibility of creating conditions for the child’s upbringing and development (type of activity, mode of work of parents financial and marital status of parents, etc.).
At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, and taking into account the requirements of paragraph two of this paragraph, the court with the obligatory participation of the guardianship and guardianship authority has the right to determine the place of residence of children for the period until the entry into force of the court decision on determining their living place.
When exercising parental rights, parents (persons replacing them) have the right to assist them in providing the family with medical, psychological, pedagogical, legal, social assistance.
A parent who lives separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues of the child's education.
The parent with whom the child lives must not interfere with the child's communication with the other parent, if such communication does not harm the physical and mental health of the child, his moral development.
Parents have the right to conclude an agreement in writing on the procedure for exercising parental rights by a parent living separately from the child.
If the parents cannot reach an agreement, the dispute is resolved by the court with the participation of the guardianship and guardianship authority at the request of the parents (one of them). At the request of the parents (one of them) in the manner prescribed by the civil procedural legislation, the court with the obligatory participation of the guardianship and guardianship body has the right to determine the procedure for exercising parental rights for the period until the court decision enters into legal force.
In case of non-compliance with the court decision, the measures provided for by the legislation on administrative offenses and the legislation on enforcement proceedings are applied to the guilty parent. In case of malicious failure to comply with the court decision, the court, at the request of a parent living separately from the child, may decide to transfer the child to him based on the interests of the child and taking into account the opinion of the child.
A parent who lives apart from the child has the right to obtain information about their child from educational organizations, medical organizations, social service organizations and similar organizations. The provision of information may be refused only if there is a threat to the life and health of the child on the part of the parent. Refusal to provide information may be challenged in court.
Thus, you can establish the order of communication with the child in court.
Sincerely, Attorney Anatoly Antonov, Managing Partner of Antonov & Partners Law Office.
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Relevance date of the material: 06/05/2020
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