If you divorce before the birth of the child, what rights will the father have?

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Published: 04/04/2017

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The procedure for filing a divorce in the presence of children is significantly complicated by the need to resolve additional issues related to minor citizens.

Therefore, the legislator provides for additional formalities to be completed by parents so that divorce with children does not violate the interests of minor citizens.

The presented material will tell you how a woman can file a divorce from her husband if she has children.

• Rules for divorce if you have children
• Divorce with children under one year old
• Divorce with children under 3 years of age
• Divorce with two or more children
• The procedure for divorce through the registry office and court
• What documents are needed
• Separating children Useful video

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If the husband tried to hide the fact of his wife’s pregnancy.

Such a development of events is likely only in court. The very attempt to hide this fact suggests that the woman is against the destruction of the family union. If she learns about the process, all she needs to do is come to the court hearing and provide documents confirming her pregnancy. The claim will be rejected on the same day. If the husband managed to carry out the process unnoticed by his wife (the summonses were intercepted and destroyed), restoration of justice is possible when the case is reviewed based on newly discovered circumstances. Not to mention the possible criminal prosecution for attempting to mislead the judiciary and submitting knowingly false information.

If the husband is sure that the child is not his.

The Family Code does not give the right to initiate divorce proceedings at the initiative of the spouse. It doesn't depend on anything. Even if he is sure that his wife is not faithful to him. In this case, there is only one option left, which is acceptable under the Russian regulatory framework. Divorce before childbirth is unacceptable, but after the birth of the baby and receipt of a birth certificate, the new father can initiate legal proceedings to challenge paternity. However, in order to obtain a basis for drawing up a statement of claim, an extrajudicial primary genetic examination is required. If she shows that her husband is the father, then during the first year of the baby’s life, divorce is still impossible.

Antibaby forum

They can be classified into the following groups:

• The rights of the father and his responsibilities for the upbringing and education of the child (children) after divorce;
• The rights of the father, as well as the responsibilities that he has after a divorce to protect the rights and interests of the child (children);
• Methods for the child’s father to exercise his parental rights after his marriage with the child’s mother is dissolved.

A separate group should include the parental rights and responsibilities of the father after a divorce if he lives separately from the child. In accordance with Art. 63 of the RF IC, the father, on the one hand, has the right to raise the child, and on the other, bears certain responsibilities.

Divorce during pregnancy through the registry office.

If the husband and pregnant wife do not want to lead a joint life and household in the future, divorce by mutual consent is allowed. It is not necessary to go to court, just come to the registry office.

The legal regulation of this issue refers to Art. 19 SK. You can get a divorce through the registry office if a woman is pregnant for the first time. However, the child has not yet been born. If a baby is born, the government agency will not accept the application, or will issue a reasoned refusal.

Divorce through court.

The judicial authority considers divorce proceedings when the wife is pregnant, if she initiated such a process.

To start a dispute, you must submit a statement of claim drawn up and prepared in accordance with the standards of the Civil Procedure Code (Articles 131 and 132). The application itself must be submitted to the magistrate’s office at the place of residence or to a court of general jurisdiction.

The magistrate court considers a claim for divorce if:

there is no dispute about children;

there is no dispute about the division of jointly acquired property, which exceeds the total amount of claims of 50 thousand rubles.

In other cases, the consideration of the case is within the jurisdiction of the district court.

general jurisdiction.

Separation of children

The most important circumstance that the court will have to decide in the process will be the simultaneous dissolution of the marriage and determination of the child’s place of residence.

In this situation, the court decision must indicate which minor citizen remains to live with each partner after the termination of the marriage procedure is completed.

Establishing the place of residence of minor citizens and divorce in the presence of children takes into account the following circumstances:

• the court determines the place of residence of minors, taking into account their interests;
• Employees of the guardianship and trusteeship authorities are involved in the case and check the living conditions of each of the parents;
• the presence of two or more minor citizens in a family does not mean that the court will divide them according to the principle of mathematical equality.

Divorce and children are a very important and complex problem , therefore the court will determine the place of residence of children only after the conclusion of the guardianship authority.

This document is drawn up based on the results of a survey of living conditions at the place of residence of each spouse.

During the inspection, it will be determined not only whether the housing is comfortable, but also the opportunity for the development, upbringing and education of children.

Can a divorce, if there are children, end with the transfer of all minor citizens to be raised by one of the parents? Yes, such a possibility is quite real if the court objectively assesses the living conditions of both spouses.

Despite the fact that minors are usually left to live with their mother after a divorce, the father has equal rights to communicate and live together with the minor.

Thus, in order to keep all the children with her after the termination of the marriage, the woman will have to prove on a general basis that the living conditions of each minor will be better with her.

Useful video

In this video you will learn important information about who the children stay with during a divorce:

Algorithm of actions

• You need to file a claim.
• Specify the basic requirements.
• It is determined which specific judicial body should consider this dispute based on the territoriality of residence of the parties. If the husband and wife live in different territorial boundaries, the territorial location of the defendant is selected.

If the second spouse admits the claim during the court hearing and agrees to the divorce, the court will not find out the reasons for such a decision. If the spouse is against divorcing his pregnant wife, they will be given a period for reconciliation (no more than three months). If after this time the spouse continues to insist on divorce, the marriage will be dissolved.

Why do couples divorce after having a child?

Divorce with a small child under one year old is a serious step. And it needs a good reason. It is clear that in such families that have decided to end their marriage, there are relationship problems. But sometimes they occur just after the birth of a child or during the wife’s pregnancy. Let's consider the main ones:

1. Relationship. It happens that a couple decided to legitimize their union, but the young people were together for very little time. It is clear that when they start living together, they have many claims against each other, especially if a child has just been born. If they are lucky, they will get along and find a common language. Or it may simply turn out that their value of family is extremely high, and then they will live with each other for the sake of the children, out of a sense of duty. And if this data is missing, then a break in the relationship is inevitable. Another situation may also occur. For example, one of the young people, getting married, was not sure of his feelings, but still decided on an official union (it was just time). And then he begins to realize that he was mistaken, or meets another love. There are many reasons. The essence is the same: people are not ready either for marriage (as a responsibility) or for being together (namely this man and woman).
2. Early marriage. Early marriage is considered to be around 17–21 years of age. This is the time of formation of worldview, life principles, ideals. At such a moment, the feelings that arise are not always able to correspond to a person’s own ideas about what his partner should be like. And love, stormy, passionate, has already happened! You need to get married or get married! Only then does this first feeling gradually disappear, and what remains before you is a person with all his shortcomings. Namely, they do not fit into your life path scheme. But you realize it's too late. The child has already been born. And then everything happens according to the scheme: there is a sense of duty - we live on, no - problems begin in the relationship that lead to a break.
3. Financial difficulties. Not every couple understands that marriage is both an economic responsibility and problems related to finances. It’s good if the husband and wife have enough money to live in peace and not need anything. But if there is not always enough money, mutual claims begin. “You can’t provide for your family!”, “Why should I be the only one working non-stop?”, “Where are you spending your money?” Such questions accumulate, and serious problems begin in the relationship. Not every family can overcome financial difficulties. For those who put feelings above all else, of course, it’s easier. They will try to keep the love alive. Also lucky are those couples who are ready to overcome difficulties due to their characteristics. A man will try to earn more if the family budget requires it. A woman will stop nagging her husband when she sees how hard he tries. But if people are not mentally prepared for such difficulties, a breakup is often inevitable. And this is a better option than living with each other all your life, suffering.
4. Bad habits. It is no secret that alcohol lovers and drug addicts themselves ruin any relationship they enter into. And even if such a person has not yet completely lost his shame and moral character (moreover, he repents and asks for forgiveness because he loves his wife and child), it is still impossible to live with him. Both because he is morally and physically degrading, and because such a father (mother) is a bad example for growing children. Therefore, bad habits of this kind very often become the cause of a break in a young family. In this case, the question may arise: if the family is still young, when did one of its members become an alcoholic or drug addict? Yes, this is a simple matter. However, there must have been some signs indicating that a person was prone to such weaknesses. But not everyone notices them or doesn’t want to notice them, having fallen head over heels in love.
5. Wife's postpartum depression. Not every man understands (and is able to understand!) the characteristics of the female body, or a woman’s perception of motherhood. The phenomenon of depression after childbirth is quite common. The woman is moping, she doesn’t want sex, she constantly thinks about the child (and in severe cases she doesn’t even think about him!). In general, for some time she has no time for her husband. And here the options for the development of events can be completely different. The husband is able to go to friends or his mother to “cry” about his wife’s behavior. Or it might move in the other direction. Treason. It is precisely because a woman is forced to deny intimacy to her husband in the last stages of pregnancy and in the first months after childbirth for physiological or psychological reasons that crises often occur among husbands. Such situations lead to the emergence of relationships on the side. Sometimes this connection results in the family being destroyed or the wife does not want to tolerate betrayal and immediately leaves. At such moments (if we take into account the special mental state after childbirth), the marriage breaks down.
6. Problems with relatives. In the first year of married life, misunderstandings often arise in the family related to the influence of close relatives (most often mother-in-law, father-in-law, father-in-law, mother-in-law). This, of course, is bad when adults suddenly forget that newlyweds must learn to solve their problems themselves, that they are more interesting together, that they are no longer children if they decide to start a family. And everyone begins to pull the blanket over themselves: Your son cannot do this! Your daughter is unworthy! He doesn't even know how to nail a nail! She doesn’t know how to cook basic porridge! At such moments, relatives forget that their son, for example, knew perfectly well that the girl did not know how to cook or sew, but decided to marry her. This means that, in principle, it doesn’t matter to him. But young people who are offended by their mother and father begin to quarrel, sometimes present something to each other, and, if they are weak in character, they also agree with their parents in their assessment of their wife or husband. And in this case, serious conflicts occur, disagreements arise, and grievances accumulate against each other. And a break follows, often approved by the parents, who simply forgot how they themselves were in the role of newlyweds.
7. Disputes over child care. Representatives of older generations can also participate in them. Usually a man does not interfere in the care of the baby (but he can seriously insist on participating in the upbringing of older children). But there are cases when dad is still an adherent of some special methods (passed on from generation to generation), and mom is a supporter of modernity. And disputes begin, which can also lead the wife and husband to a break in their relationship. True, this happens only for this reason extremely rarely.
8. Illnesses of the mother or child. Unfortunately, there are cases when a baby is born not entirely healthy (it’s worse if he is given some not very good diagnosis at birth). Or the mother begins to get sick, unable to cope with the stress of pregnancy and childbirth. It is clear that a person who can decide to divorce in such circumstances is a disgusting, cowardly creature. But such cases do happen.

See also:
How to break an energetic connection with a man without consequences: effective practices