Today we will be interested in the rights and obligations of parents. We will not forget about children either. Having studied the basics of legislation, we will be able to understand who and how should behave in the family. Let us dwell only on the parent-child relationship. Indeed, in the RF IC, the basics of family law are indicated in relation to different family members. We consider in detail the most common rights and obligations of the studied relatives.
When rights and obligations arise
The rights and obligations of parents and children do not always appear. The thing is that there must be certain reasons for this.
Ideally, parental responsibilities (and related rights) appear immediately after birth. For fathers, obligations most often appear immediately after registration with the registry office. That is, after the successful establishment of parenthood / kinship.
If we are talking about responsibilities for adoption, then they will arise after the issuance of the relevant certificate. Until this moment, citizens will not be considered adoptive parents. This means that they will not have any duties and rights in the RF IC in the issue under study either.
Rights in a child appear immediately after he is born. Obligations under the law to parents most often become effective after minors reach a working condition. That is, 18 years old. Less often - 16 (with emancipation). If a child has reached the age of majority, but is disabled (for example, a disabled person), he will have some "benefits" in terms of rights and obligations.
About parental rights
The rights, duties and responsibilities of parents for children arise after the birth of the baby. Some obligations are terminated at the age of majority of the person. For example, the responsibility for the actions of the child. In some cases, the minor will be independently responsible in the face of the law from the age of 14 for the consequences of his behavior.
Let's talk about parental rights. Consider the situation when it comes to minor children. In this case, without the consent of legal representatives, no operations and services for minors may be performed. For example, to solve questions of training or treatment.
In general, according to the RF IC, the following parental rights are distinguished:
- to establish paternity (voluntarily, in court);
- to assign children names, patronymics, last names;
- to replace F. I. O. to a minor (from 14 years old with the consent of the child);
- to protect the interests and freedoms of his child;
- to determine the place of residence of the minor (for example, during divorce of spouses or during initial registration at the place of residence);
- to education without outside interference;
- to determine the place and method of getting children education.
Important: in all these cases, parental opportunities end where the framework of the law begins. Representatives of a minor can act in these moments as they wish, but so that their actions do not contradict the current legislation of the Russian Federation.
Representative Responsibilities
The rights and obligations between parents and children in the modern world raise many questions. Especially in Russia. After all, legal representatives often break the line of what is permissible, and then require the wards to fulfill their obligations.
The responsibilities of parents include the upbringing and maintenance of their minors or disabled adults in need of care. Protecting the interests and freedoms of children is also an obligation.
Thus, parental rights and obligations almost coincide. At least 18 years old, parents must:
- fully support the child;
- to educate him;
- to instill moral, moral and spiritual values;
- to educate.
A particularly acute topic arises if legal representatives get divorced. But, as a rule, divorce does not affect the rights and obligations of parents.
Juvenile rights
We studied the basic rights and obligations of parents. Family law secures the appropriate opportunities for children. Most often, citizens are interested in the rights of minors.
Among them, according to the law, there are:
- the right to live in a family;
- the opportunity to communicate with relatives (if the meetings do not threaten the health and general condition of the minor);
- the right to represent one’s interests;
- to protect their own interests;
- the right to own opinion and expression (including in the family);
- to receive medical care;
- the right to education;
- the ability to receive different types of assistance in the first place.
In reality, everything is not as simple as it seems. For example, some parents believe that they are responsible for the child, which means that they can decide everything for him. This is actually not the case. Even government agencies will listen to children and listen to their opinions from a certain age. Most often - after 10 years.
About the property opportunities of minors
Family rights and obligations of parents and children are presented to our attention. A separate category is formed by the property rights of minors. They also raise a lot of questions.
While in Russia, children have the right to:
- full maintenance up to working age;
- financial assistance from relatives / parents in need;
- registration of various pensions, benefits, alimony, payments;
- on own sources of income;
- on personal property to which parents will not have any rights.
As practice shows, it is extremely easy to observe children's property rights . Children’s assets and property will be managed by the legal representatives of the children, but under the supervision of the guardianship authorities. Without the consent of the latter, some parental “ideas” will be banned. For example, selling property wholly or partially owned by children.
Financial affairs
What else does the Family Code provide? We studied the rights and obligations of parents. And children's opportunities too. But there are also children's obligations to their legal representatives. Especially in the field of financial support.
The thing is that the rights and obligations of parents, as we have already said, include the full financial support of disabled children. And, if parents do not follow this rule, in the future they will lose some of their rights. Moreover, one can even deprive legal representatives of parental rights under the law.
After reaching adulthood under family law and the responsibilities of parents are somewhat adjusted. And in the financial issue, too. The thing is that the former legal representatives should not contain a capable capable child. But if the children are disabled, needy, incompetent or disabled, they will have to be supported financially.
In turn, adult children are required to support their needy disabled parents. Typically, such an obligation is realized voluntarily. Otherwise, parents can sue child support.
Important: if at one time the legal representatives of the minor did not fulfill parental duties, this will relieve the grown-up children from obligations to their parents. The main thing is to prove your position.
Another point is the criterion of need. By law, it is not defined. Therefore, the fact of need is always evaluated differently.
Establishment of paternity and motherhood
We studied the basic rights and obligations of parents and children in the Russian Federation. Now consider some key points in more detail.
Maternity in Russia is established on the basis of a medical certificate of the established form. She is issued upon discharge from the hospital. If the mother is not found, a DNA test can be performed.
Paternity can be established:
- according to the mother;
- at the initiative of the father of the child;
- in court.
The first two cases, as a rule, enter into each other. During the registration of the baby in the registry office, parents submit an application for establishing paternity. If the legal representatives of the newborn are married, it is enough to attach the appropriate paper.
Important: the former spouse can be considered the father of the baby if no more than 300 days have passed from the moment the parents divorced to the birth.
Judicial treatment makes it possible to establish paternity by force. Here it can either be refuted or confirmed. The plaintiff is both the fathers themselves and the mothers of the children.
Parenting Documents
To confirm or deny parenthood, the court must bring:
- lawsuit;
- marriage / divorce certificate (if any);
- birth certificate of the child (if any);
- any materials indicating kinship (correspondence, photo / video / audio, testimony of witnesses).
The court may order a DNA examination. It helps almost 100% determine whether a man is the father of the child or not.
The purpose of alimony
The rights and obligations of parents are closely related. They generate responsibility for their children. As we have said, minors (and sometimes adults) wards are entitled to upkeep. And the divorce of parents does not affect this opportunity. Just one of the parents (the one with whom the children will not live) will begin to pay child support. The same applies to the situation with the maintenance of elderly parents.
To order child support in court, you will need:
- lawsuit of the established form;
- applicant's passport;
- birth certificate of a child;
- certificates of income of the potential payer;
- detailed calculation of the amount of alimony.
Important: without establishing parenthood, a person will not be able to receive child support. Neither the child nor the parent. Therefore, you should first think about this issue.
You can enter into an agreement with a notary to pay child support. Then it will be possible to avoid judicial debate.
When you do not need to pay child support
The rights, duties and responsibilities of parents are entirely aimed at ensuring a normal life for children. What should be done if legal representatives didn’t do too well with their obligations, and now they want to receive material support from a grown-up child?
Under current laws, parents do not have to pay child support if:
- there is evidence that the parents did not cope with their obligations;
- the alimony does not pay alimony and has a big debt;
- relationship with recipients is not proven;
- the requirement of alimony is excesses (there is no fact of real need);
- parent deprived of parental rights.
In other words, failure to fulfill parental obligations entails the loss of the right to support from children in the future.
Important: parents deprived of parental rights must still pay child support to minors or adults in need of children.
Deprivation and restriction of rights
The rights and obligations of parents in the Russian Federation may be limited. The thing is that the legal representatives of a minor can be completely or partially deprived of parental rights.
The second scenario is used if the mother / father does not cope with their duties, but at the same time such an act does not cause real harm / danger to the life and health of the minor. When there is a chance that a person will recover.
Deprivation of parental rights is carried out when legal representatives:
- neglect their position;
- do not intentionally fulfill obligations in relation to children;
- use physical or psychological violence;
- refuse to raise, care for and support children.
If parental rights are limited, the opinion of bio-parents regarding questions of upbringing, treatment and training will be asked, but it will not be decisive. With the deprivation of rights, a person loses the right to vote in these areas.
Important: you can file a claim for the deprivation / restriction of rights by the guardianship authorities, state institutions and bodies, one of the child’s parents or his relatives.