Legal status confirms a person’s position in the world. With adulthood, everyone receives new rights, duties, and responsibilities. They are not only in adults, but also in children. Although the age of majority is 18 years old, still before this the children have their own rights.
All rights and obligations of the child are recorded in the Family Code of the Russian Federation. The Convention on the Rights of the Child, an international document consisting of 54 articles, also operates. On their basis, life, upbringing, and development of children are regulated.
Life and upbringing
In Art. 54 of the RF IC confirmed the child’s right to life and education in the family. Therefore, children without parents state supports. A child is recognized as a person under the age of eighteen years.
Children can know their parents, receive their care, live with them. An exception may be cases of a conflict of interest. Children should be raised by parents. They have the right to ensure their interests, development, respect.
If there are no parents, then guardianship and trusteeship organizations will raise their children in accordance with the rules established by chapter 18 of the RF IC. Such standards are indicated in Art. 54.
Communication with parents and other relatives
Children can communicate with parents and other relatives. This is established by Art. 55. Even divorce of parents, separate residence should not infringe this right. This rule also applies if you live in different countries. A child who has been touched by an extreme situation may contact parents and other relatives.
Protection
A child is recognized as a person under the age of eighteen years, who has the right to protection of interests. This is ensured by parents or substitute persons, as well as guardianship authorities, the prosecutor, and the court. A minor who has become capable before the age of 18 may independently exercise his rights and obligations, including protection.
Children have the right to protection from inappropriate parent behavior. If the interests of the child are violated, including non-fulfillment of parental duties, the minor may contact the guardianship authorities. At the age of 14, there is the possibility of protecting interests in court.
If any persons are aware of the threat to the child, then this should be notified to the organization of guardianship at the place of residence. Upon receipt of such information, measures will be taken to protect the interests of the minor. The norm is indicated in Art. 56.
Opinion
The rights and interests of minor children relate to various aspects of life. The child has the right to express personal opinion (Article 57). Sometimes children under 18 years of age are invited to court to hear at a meeting. The opinion of a child who is 10 years old is taken into account. The exception includes cases when this is contrary to his interests. Some decisions are taken by guardianship authorities on the basis of the consent of a child of 10 years old.
First name, patronymic, last name
A child is a person who has not reached the age of eighteen years, who has the right to a name, patronymic, last name (Article 58). The name is set by the parents, the middle name is determined by the name of the father. The surname is assigned to the parent. If it is different for father and mother, then it is installed by agreement.
If there is no agreement between parents about the name of the child, then disputes are resolved by the guardianship authorities. In the absence of paternity, the name is assigned to the children by the mother.
Change of name, surname
A child is recognized as a person under the age of eighteen who has the right to change his name and surname (Article 59). This norm is available at the age of 14. The procedure is carried out with the joint appeal of parents to the organization of guardianship. The desired name is selected, and the surname changes to the surname of the second parent.
If the mother and father live separately, and the parent with whom the child is located wants to give his name, the guardianship authority provides this opportunity depending on the interests of the child. The opinion of the second parent is not necessary.
If the children are born out of wedlock, and paternity is not established, it is possible to permit a change in the last name to the mother's last name. Change the name or surname of a child older than 10 years old will be possible only with his consent.
Property rights
Children under 18 years of age have property rights (Article 60). They can receive content from parents and other relatives. Funds intended for a minor may be in the form of alimony, pensions, benefits. Parents dispose of them, spending on maintenance, upbringing, education. Alimony can be transferred from the income of the payer in the amount of not more than 50%.
A child can receive income, property as a gift, inheritance or through a purchase and sale transaction. The order is valid under Articles 26 and 28 of the Civil Code of the Russian Federation. But the child does not have the right to own the property of the parents, just as the latter cannot dispose of the property of the children. Use is permitted by agreement.
Legal representative
In the Civil Code of the Russian Federation there is no definition of this concept, but in the RF IC it is not common. But it is used everywhere in protecting the rights of children. The RF IC says that parents are considered legal representatives of their child. They must protect their interests (Article 64). If there is disagreement between them, then the representative of the minor is determined by the guardianship authority. Confirmation of legal representation is a birth certificate.
In some situations, the child needs custody, for example, with the deprivation of parental rights. Then the appointed representative will be an advocate for rights in various organizations. Sometimes children are under the guardianship of the guardianship authorities when it is necessary to decide the future life of the child.
Legal status
In addition to the fact that a child is recognized as a person under the age of eighteen years, he has his own status. This is established by law:
- Up to 6 years - incapacity.
- 6-14 years old - limited legal capacity.
- 14-18 years old - partial legal capacity.
- From adulthood - legal capacity.
Full and partial legal capacity is compensated by parents or guardians. They have an obligation to take care of the physical and material condition of children. For a period of 6-14 years, simple transactions are available in which you do not need to sign legal papers. Allowed actions are indicated in article 28 of the Civil Code of the Russian Federation.
From the age of 14, children's rights are expanded, they have partial legal capacity, so they can:
- dispose of earned funds;
- consolidate intellectual property rights;
- to make deposits in banks;
- take part in real estate transactions.
The law says about the possibility of the onset of legal capacity from 16 years. According to Article 21 of the Civil Code of the Russian Federation, this happens for the following reasons:
- marriage;
- work under an employment contract;
- opening your own business.
Full legal capacity, or emancipation, occurs on the basis of a decision of the guardianship authority or court.
Who should the child be with?
A minor under the age of 14 must live with their parents or guardians. And in the absence of legal representatives - in institutions of the guardianship authority. Separate accommodation is possible during treatment or while in an educational institution. Parents often live separately. Then you need to peacefully resolve the issue of living a minor.
If nothing happened, then you need to contact the judiciary. According to Art. 65 IC RF, the opinion of the child is taken into account. If he is 14 years old, then he has the right to determine his place of residence with the permission of his parents. But the RF IC does not include such an opportunity, and the Civil Code of the Russian Federation allows separate accommodation after 16 years.
When divorced
In case of divorce, the spouses must decide on the accommodation and provision of children. In practice, there are cases of joint custody when a child takes turns living with his mother and father. The issue of residence can be resolved peacefully and in court.
Voluntary law is enshrined in article 65 of the RF IC. Otherwise, you have to go to court. After becoming familiar with all the circumstances, the court decides on the residence of the child in a divorce. The court takes into account the interests of children, and the rights of parents in this situation are the same.
The court takes into account:
- personal qualities of parents;
- schedule;
- wealth;
- marital status;
- relations;
- the presence of brothers and sisters;
- health;
- place of residence;
- the opinion of the child if he is 10 years old.
The court selects accommodation where the child will be provided with the most favorable conditions. Each case is individual, since many factors influence the decision.
By agreement
A voluntary arrangement is less traumatic for a child’s mental state. This right is fixed in Art. 23, 24 SK of the Russian Federation. The agreement establishes not only accommodation, but also the order of expenses for security.
In order for the documents to be legal, both parents sign it, and then they notarize it. Need 3 copies. The court receives a copy of the agreement.
In the absence of parents
When children refuse in situations of absence of parents, the state is responsible for them. The procedure for registration of care is established by chapters 18-22 of the RF IC. Guardianship authorities should identify children of this category, whatever the reason for the absence of parents.
Then maybe:
- custody, for example, a close relative;
- adoption;
- foster family;
- temporary residence in the institution.
More benefits are given to adoption. It is this form of family acquisition that is considered the most favorable for children. Then the rights of the child must be protected by his new parents.