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How does the second parent win back custody of their child and how to determine the custodial parent?

This is the court who decides who children will stay with after divorce. Under the Russian Family Code, both parents have equal rights to the child. Neither parent has the right to hide the child from the second spouse and to deprive the right to communicate with them and bring them up. But if, nevertheless, one parent violates the rights of the second one, then Russian law provides legal options for protecting and gaining your rights back.

Based on the current family law, you can choose two options for protecting your parental rights:
● Pre-trial
● Trial

In the first case, both spouses can agree in a peaceful manner and have a notary certify a custody and parenting agreement.

If the child’s father lives separately from them (out of Russia) and wants to be involved in their life, one can add such a clause in the agreement. You can also set forth some, in our opinion, important terms and conditions in the document: mother’s / father’s responsibilities, parenting schedule, child’s holidays or vacations, parenting place and other terms.

But bear in mind that all issues related to the custody and visitation are resolved with the child’s consent and in their best interest. In Russia, a child has the right to solve these matters on their own from 10 years old.

In the second – trial – case, the parent whose parental rights are being violated can stand up for their rights and make a demand to the second spouse. It is possible to demand through the judicial authorities to determine a parenting schedule, place where you can see your child, to award you custody, to order the non-custodial parent to pay support.

What circumstances does the court consider when solving such question?

☑ Child’s age, their opinion
☑ Their state of health,
☑ Child’s devotion to one of the parents
☑ Circumstances suitable for bringing the child up and living with them together
☑ Child’s and the parents’s daily schedule
☑ Remoteness of the father’s / mother’s residence from the child’s one
☑ Period during which the father / mother hasn’t been communicating with the child

It is very important to understand that blocking a child from their parent and violating a custody and visitation court order may lead to imposing a fine in the amount of 2,000-3,000 thousand rubles; the second fine 4,000-5,000 thousand rubles.

If you are seeking legal help to defend your rights as a parent, do not hesitate to contact us:
Tel: +7 909 961-19-09
Visit us: Moscow, Zubovskiy bulvar, building 4/1, office 308
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