This conflict can be resolved peacefully through the drafting of the Children’s Agreement or through the courts. If you managed to agree with whom the children will live, how exactly the other parent will communicate with them, how much alimony will be paid, an agreement is drawn up. It can be a voice (as a simple arrangement) or written form. The written option is more preferable since it helps to prevent possible conflicts.
The agreement is made with the help of lawyers and certified by a notary. This document specifies all aspects of the relationship between the parents after the divorce. It is determined how often and how meetings will take place between the second parent and the child. Arrangements are made about how exactly alimony will be paid. The voluntary solution of the conflict gives more freedom in solving such issues. For example, the amount of alimony can be significantly higher than the statutory interest.
If you chose the path of war, then to predict the outcome of the matter will not be so simple. Much will depend on the literacy of the lawyer who will help you. Particularly difficult to deal with cases where parents cannot determine with whom exactly the child will live. Under the law, both parents have the same rights to raise children. In addressing this issue, the Court takes into account various factors.
The personality of the mother and father, their moral qualities, social status. It is often resorted to witness testimony, the opinion of relatives and neighbors.
The financial situation of the former spouses, their housing conditions, and the special features of the profession. For example, if the mother’s post implies frequent departures, long business trips, night shifts, the Court can leave the child with the father whose work excludes such absences.
The opinion of the child, if he/she is already 10 years old. Often it is this factor that is decisive if the remaining items do not allow making an unambiguous choice. A child at age 10 is already in a position to decide for himself, with which of the parents he/she would like to live on. And although this choice is very difficult, it still has to be done.