أسئلة وأجوبة
The legal custody of child in case of separation
Good afternoon!
Just an enquiry for my information.
I am a foreigner from Estonia, but I have a yellow slip, all-year-round job and a rented apartment, and my boyfriend is Cypriot, his parents own a house here and he has a job all year round.
We are not officially married and we have a son together. In case of our separation, with whom will the child stay? The child is less than a year old.
Dear Madam,
Normally the child stays with the mother unless there are reasons to the contrary, provided that your boyfriend has recognised the child as his own.
Also, the fact that you are from Estonia will be a factor to be considered from the court in case there is dispute about the child, since one can allege that you may take the child and return to Estonia without the father's approval, which means that the child will not have opportunities to see his father.
But again, general rule is that the child stays with the mother but the father has equal rights to see the child on frequent basis.
