Parental rights in jurisprudence belong to the civilian category. They are acquired if certain persons decide to raise and support children from a shelter or children born from a union of two people.
Federal laws No. 140, No. 317 and the Family Code in article 48 give a clear concept of how the origin of the child is established. If the relationship between the couple is broken, when kinship is required in various instances, it is easier for the mother to do this - it is enough to confirm with documents medical indicators and the birth certificate of the baby. The father, on the other hand, needs to agree on legal issues with the current or ex-spouse, provided that the actions do not cause any difficulties in the necessary details.
Rights that consist of duties
The legislation imposes on its citizens an order of conduct in the family and society in accordance with the adopted laws of the Russian Federation. An interesting scheme has been developed for the mutual relations of parents and their offspring.
Each subject is endowed with obligations to each other in a certain period, but only parental rights smoothly pass into their duties in relation to their own offspring.
Children acquire obligations to their native teachers only when they become adults. While they are in their infancy, the law fully protects their interests, punishing offenders.
Features of education
Citizens are required to raise their children. Such an order is established by law, so nature ordered in relation to fathers and mothers. By biological origin or legal adoption, children live in a family, their teachers are endowed with a certain advantage and privilege in carrying out various actions. Both parents have the same rights to their offspring. These items, listed in legislative acts, relate simultaneously to their duties.
Parental rights that a mother and father should use scrupulously:
- create conditions for proper education;
- to receive state assistance in the form of cash benefits and benefits provided for large and low-income families raising children with disabilities;
- to educate a child in preschool and school educational institutions;
- to be representatives of the interests of children in various institutions and before individuals;
- give priority in the education of offspring to minor moms and dads;
- allow communication with any child by age to that parent who does not live with the family.
The parental rights of the father are exactly the same with the mother. But if doubts have crept in about the biological connection with the baby, dad has the right to conduct research on the genetic program. DNA research has gained popularity and has helped many confirm or deny kinship.
By a joint decision, parents can change the names of children at any time, draw up documents for the acquisition of another surname. If educators are not deprived of parental rights and are not divorced, they must live together, have one registration with the children.
Exercise of authority
Families are controlled by the competent authorities. Especially over unsuccessful cells of society, if a "well-wisher" received a signal in social protection about their inappropriate behavior.
When serious reasons become clear, the judicial authorities will be deprived of parental rights. In this case, no one cancels. This means that the father or mother can no longer raise their biological offspring, but the number of responsibilities they have is not reduced.
Only death or the execution of all wards of 18 years will save the failed ancestors from keeping children. To restore communication, living together with the children, the trustees have to undergo many unpleasant, lengthy bureaucratic moments. It is necessary to submit a paper and attach to the application for parental rights a supporting documentary kit about the existence or restoration of data on the origin of a minor citizen.
To whom are the powers returned?
Apply for the restoration of full interactions with your child:
- biological or adoptive mother with father;
- adoptive parents.
Legally, the opportunity is presented to persons who have confirmed the fact of child origin:
- genetic examination;
- birth certificate;
- medical certificate from the hospital.
You can regain parental rights to children before they reach adulthood. If the father or mother did not have time to timely implement their statements, they lose the opportunity to present claims to adult descendants for financial support of old age.
Restriction of guardianship and trustee rights
Parents and official adoptive parents should not be confused with guardians and trustees. The latter are also endowed with all parental responsibilities, which must be performed in good faith. But in the rights there are significant restrictions in relations with the child. The guardian cannot:
- change the names and surnames of children;
- make property transactions;
- conclude loan agreements in the name of the ward;
- dispose of children's material assets and property.
The trustees perform each action in agreement with the guardianship authorities. At the same time, when parents are deprived of parental rights, children can be issued for residence, maintenance and upbringing by the guardian, if there is a court order.
In what order is paternity recognized?
Children can be born while their parents are not officially married or after a divorce. In each case, there is a legal procedure to establish kinship.
There is a provision in the RF IC, approved by article No. 48, when a child is born to divorced parents or after the death of the father, the mother can write the name of her former spouse in the birth certificate within 300 days after submitting an application to the registry office. At the same time, a healthy parent is superimposed with parental duties in full. What right does he have on a child after a divorce:
- financially support;
- participate in education;
- choose an educational institution and pay for tuition;
- give written consent or objection to a trip abroad;
- receive financial assistance in old age.
The mother should not interfere with the communication of the son or daughter with their father. To do this, parents first agree on the days and time of visits, their duration and territorial location.
Different life circumstances
In life, it happens that a couple lives in a civil relationship. The time comes when the consequence of a love affair is the birth of children. You can legitimize the parental rights of the mother immediately after the birth of the baby, by submitting an application to the registry office.
If a woman does not want to include a biological parent in the birth certificate, he can initiate the establishment of his position in court. This procedure is also provided for after the death of a mother who did not design a roommate as the father of her children.
Perhaps the woman behaves inappropriately and then the man, wanting to protect the kids from a boarding school or an orphanage, officially, in accordance with a court decision, takes the children to live with him.
Often native children find their elderly ancestors, make a genetic examination to confirm kinship, and take care of the elderly until the last days.
Why do you need a court decision?
The emergence of the rights and obligations of parents is based on registration activities regarding children's descent. Blood relationship, not established by law, does not provide legal grounds for legal relations. A court order is necessary for cases:
- the mother refused to jointly file an application for registration of the child;
- the biological parent does not have the ability, he is unable to establish paternity.
If a citizen finds out that his former child was adopted by the spouse of his former cohabitant, he can get a court decision recognizing him as his father. To do this, you must appeal the entry in the birth certificate. After the decision from the legal authority on the origin of the minor citizen, all parental rights are imposed on his biological parent together with the duties:
- teach;
- to treat;
- to educate;
- contain.
It should be noted that the IC of the Russian Federation indicates: a woman can unilaterally establish the fact of paternity if she has testimonies of persons confirming their cohabitation. For reliability, when a man doubts his relationship, they conduct DNA.
Recognition fact
In a court of law, paternity is established if a legal fact is necessary. The child grew up, learns and knows from whom he came from, but his father died. In order to draw up an inheritance, pensions, benefits due to the loss of the breadwinner, it is necessary to provide documentary evidence of kinship.
The Family Code, by its article No. 50, allows for the establishment of paternity in court by procedural legislative rules. Lack of official marriage between parents is allowed, but a girl or boy is recognized as deceased by his child. The court opens a case in a special proceeding on a statement of claim. The application will indicate the purpose of the applicant, that is, why he began the procedure. During the proceedings, persons interested in this matter are determined.
What confirm?
For the court, any documentary evidence is important when cases involving the establishment of a father are considered. When acknowledging the fact, a separate process takes place where they do not conduct examinations, since the child was recognized as a mother during his lifetime, but this is not enough to achieve privileges. As a confirmation fit:
- alimony receipt;
- letters fixed on any media;
- witnesses of good relations.
Recognition claims may be filed by:
- sons or daughters, if they have reached the age of majority;
- mothers of children;
- guardians and guarantors.
The applicant has the right to provide support:
- representatives from educational institutions where children study;
- agencies interested in a successful outcome;
- notaries, if they have a will;
- an institution in which a minor child is brought up after the death of a close and dear person.
The procedure for establishing paternity begins with the consent of the person in respect of whom the proceedings are organized.