divorce procedure in a family where there is a minor child is made only by judicial procedure. Who the children will remain with will also be dealt with separately in court.
Spouses may independently come to an agreement on who the child will remain with, and where the child will live. If an agreement is not drawn up, the matter is decided by the court on the basis of available data on each parent. Also, the court may intervene in the question of the place of further residence of the child.
After reaching the age of 10, the child has the right to express his opinion in court as to which parent he would prefer to stay with. However, the decision of a son or daughter may not be taken into account if he is unable to explain the reasons why he refuses to live with his mother or father.
The decision to leave a child with a parent is based on his attachment, age, personality, relationship between them and as well as the ability of each family member to create conditions for its further development.$
There are no special rules for which a child stays only with the mother or with the father. After divorce, each parent has the right to raise and communicate with his child. Both parents have legal equality.
Parents may enter into an agreement on the mode of communication with the child. If a mother or father living with a child obstructs the fulfilment of this agreement, the child may be transferred to a parent who, by court order, resides separately.