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Family Code of the Russian Federation: Father's rights to a child after a divorce. Family Divorce Code

Official parting - an event that attracts not only the decision of the disputes about belonging to her husband or wife of any property, but also, if there is a baby in the family, finding out the question of its place of further residence, as well as the procedure for further communication after the divorce with the second parent.

In the law, it is not to find a unambiguous answer, a child should remain with her mother or dad after termination of marriage, because each case is characterized by individual features.

Please note: the presence of a minor family is an unconditional prerequisite for the implementation of the divorce procedure in the court.

Due to the fact that the practice of resolving disputes on leaving children with one of the parents often develops in favor of the mother, the latter unreasonably believe that the rights of the father and mother to the child after divorce are unequal. But this is just a delusion - in reality, the parent, with whom the child is left, carries only more duties, but the equality of rights is enshrined by Art. 61 and 66 of the RF IC as during cancer and after the divorce.

With whom the children will remain, where they will live - these questions can be solved in two ways:

  • Parents go on mutual concessions and produce a single decision recorded in the agreement. Such an agreement may be submitted to the court in solving the aforementioned issues.
  • The question of the place of residence is completely given to the discretion of the court, when taking into account the interests of the kids.

When the place of residence is determined, the question of the rights of mother and father in relation to the child arises. The procedure for communicating a parent who lives outside the family can be determined in the following ways:

  • Voluntary agreement in oral or writing;
Note: Agreement may be oral, or absent at all - parents can simply give up each other, but as a guarantee of compliance with agreements, it is more effective to make a written document.
  • Based on the court decision. The court will determine the time of the meetings and the procedure for their implementation, if parents cannot find the option arranging them.

This topic is disclosed in a separate article:

Remember! Family legislation comes from the idea that both before and after the divorce of the rights of former spouses to raise children are equal and are fully implemented. The corresponding regulation can be detected in 66 of the Family Code.

Prohibiting the obstacles in communicating with a minor child regulatoryly installed in the Family Code of the Russian Federation - even a family living outside the family or mother have a full range of rights to his child. Father's rights to a child after a divorce, even if he does not live in a family, cannot be limited to another parent only on the grounds that relations with the former spouse broke up.

The right to communicate a parent can be delivered to certain framework only in case of deprivation or restriction of its parental rights on the grounds provided for in the Code, or within the framework of determining the procedure for communicating with the child in the event of a negative impact on a minor.

Parent rights after divorce

Article 66 speaks of the following parents after a divorce. Mother rights to a child after a divorce, as well as similar father's rights, will include:

1. The right to receive information about the child from that educational or educational institution, in which it is studying, or a medical organization, where he is temporarily located.

A parent can be denied such information only if its transfer is able to create a threat to life, the health of the child on its part. For example, in cases where it is reliably aware of the restriction of parental rights against the child.

2. The right to communicate with children is unhindered. If the second spouse creates interference for such contact, the protection of law can be made through the court.

3. The second parent is endowed with the right to give or refuse to agree to the departure of his child to another state. The specified right has not been recorded not in the provisions of the Code, but in a separate law on the procedure for departure and entry into the Russian Federation, which contains a rule that it can go to a minor only when both parents agree to this, regardless of whether they are divorced or continue to live together.

Father of the child under any circumstances must remain support and breadwinner for their offspringEven if with their mother broke up without much regret.

Children still wait for dad, love him and want to meet him more often. Parental rights divorce does not cancel.

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Knowing their rights, father will seek the pastime with his chad, and only the court decision on the restriction of his communication with minors can protect the child From the harmful effects of the south father.

  • certificates,
  • testimony
  • materials from therapeutic institutions, etc.

Parent's consent to leaving children abroad

When the mother's mother decides to leave abroad, no matter what time and for what time, she it will take into OVIR to present paper that is a resolution of the father on the export of offspring outside the country.

Dad at its discretion, listening to the mother's substantiation of the need to travel abroad, can sign or not sign official paperwithout which the departure of the child is not effective.

Permission to replace the child's family

After parting with a former husband, a mother can make a child's decision.

The procedure for changing the child's name provides representation of the statement (joint) baby parents in the guardianship bodies, and then to the registry office. If the father is categorically against the change of the surname of his sibling, he may not agree and refuse to put his signature in the statement.

Sample application for guardianship authorities: download form

No matter how the mother of a minor in relation to his former, prohibit raising your offspring, she will not communicate with him - This right is enshrined by law.

Father has the right to give or not give his consent to the export of Chad abroad, To change the family name. The relevant authorities will require signatures of the Fathergiving green light similar actions.

A reasonable mother will always resolve the child's communication with dad, regardless of the reasons why the family broke up. Only the full participation of the Pope in the education of the offspring will give a chance to grow not a compacon.

Of course, the Father has, according to the law, all the rights to his children, regardless of whether he lives in a family or is divorced with the mother's mother.

There are different situations in life. Another family quarrel develops into a divorce with the section of the property. I would be tolerant, but if the spouses have minor kids, how to be in such a situation?

The court is coming

Of course, the location of children after the divorce will indicate the court. And then everyone knows that the judge will go to the side of the mother, as often happens. After all, mom is a custodian of a family hearth, a household house, etc., and his father earns money in the family. Of course, there is a chance that the child will remain with his father after a divorce, but she is quite small.

Solving the issue of divorce, special attention should be paid to children. To talk to them on an up-to-date topic, coordinate interests and wishes, and only after that agree among themselves, so to speak, to compromise. Its decision on children should be issued in writing, as it will be needed to provide in court.

In the Family Code of the Russian Federation, there is Article 24, according to which the court has the right to assign a minor child with his mother or dad, if there is no compromise agreement regulating the child's desire to stay with one of the parties. The solution must be taken in free form.

If solutions to achieve failed

By accepting the decision, the court gives a child to residence with the parent, who, in his opinion, will be able to landscaping. That is, the child will be normally brought up, developing, attend learning institutions. At the same time, information about the material condition of the parent is not so important. The court takes an important decision on the basis of Article 65 of the Family Code of the Russian Federation. Among the items governing the procedure for the distribution of minors with parents, the following can be noted:

  • child's age when divorced;
  • relationship between the child and each of the parents and them among themselves;
  • the degree of attachment of the child to each of the parents;
  • personal qualities of the parties.

If the child turned 10 years old, when making decisions, his opinion is taken into account.

Also taken into account the availability of housing, the living conditions of the parent with the child, the occupation, the work schedule, as well as the possibilities of the material plan.

What to do Father

Despite the positive decision towards the mother, the Father is not worth upset that access to the child will be closed. Article 66 of the Family Code of the Russian Federation will come to the rescue, which stars about the right actions in such a situation.

Article 66 states that the Father has a full right to communicate with a child without temporary limitations. And not only for communication. He can take active participation In education, it has the opportunity to decide on further training in educational institutions and much more.

In turn, the mother should not put barriers to actively communicate his father with a child. However, there are situations where the meetings adversely affect the process of upbringing, learning, perception by the child of the surrounding world. Then mom has full right to stop such meetings and contact the relevant authorities.

For convenient visits to the child, if there is free time, there is a written contract with the visits charts between the former spouses. This is a very practical decision, as Mom knows the time to which the child needs to distract from their plans to visit him by the Father. And the father, in turn, will postpone the case for visiting the child at the set time.

Sophisticated situations

There are situations where parents cannot come to one decision or mother in different ways prevents her son or daughter with his father. Then you need to go to court with a claim. The decision will be made, the time of visiting the child's father is established. But there is a slight inconvenience: while visiting, a representative of the guardianship authority will be present to control the unimpeded fulfillment of the right to visit.

If after a visit to the child with a representative of the authority (according to the court decision), the mother does not intend to put up with the decision, and continues to prevent his actions to the usual communication of the father and the child, the parent must submit a repeated lawsuit for the ship executors. The result of the claim can be a re-session of the court, which will revoke the conditions for the transfer of the mother of the mother. The question will be the question of the transfer of the son or daughter to the care of his father.

An important thing is to leave the child from the mother beyond the country. Father can how to approve a trip, and oppose such a venture. The order of departure and entry in the Russian Federation is governed by applicable laws. Article 20 of the Family Code states the following:

  • father's permission to depart the child abroad is required if such a departure is carried out at a permanent place of residence;
  • father's permission is not a son's son or daughter outside the country necessarily when the child moves without escorting senior, for example, as part of the excursion group;
  • when leaving a child abroad with a mother for several days (a trip to the sea, a tour of the notable places, a mother's business trip) Father's resolution is not required.

In addition, in accordance with the law, the Father can receive reliable information about the child of a kindergarten, schools, higher education institutions, as well as disease history. The authorities of the relevant organizations have the right to refuse the information only if it is determined that such data distribution will negatively affect the child itself. At the same time, the father has the full right to submit a lawsuit on the case of such a refusal.

The most unpleasant moment when divorced spouses is the need for one of them to live separately from your own child.

Children most often remain with the mother, and to live with them at a distance account for the Father. But this does not mean that the Father must stop communicating with them.

Father's rights to a child after a divorce are consolidated by Russian legislation and allow a man to continue communication with her son or daughter and actively participate in their upbringing.

Fine when parents are reasonable people and understand that children need dad and mom.

In this case, no problems with the organization of communicating with children arise.

Parents often forget that there are no former dads and mothers.

Therefore, most often divorce is accompanied by disputes of children and the procedure for communicating with them.

Drawing up agreement

Divorced, parents must first think about ensuring psychological comfort for children. An ideal option for the impossibility of agreeing without making any papers is the registration of the children's agreement upon divorce. This norm is enshrined Article 65 of the RF IC, which binds parents to draw up this document.

This method is acceptable in the case when both parents agree to sign the document without the participation of the Court.

Children's Agreement - a bilateral contract between spouses, compiled in two copies and signed by them. The correct step will also be the certification of the Agreement in the notary.

The contract should not infringe the rights of each of the parents. In it can be prescribed any moments and opportunities for communicating with children: the order of residence, a schedule of visits, the organization of recreation, the order of material support, etc.

There are standard forms of agreements that parents by mutual agreement can change, including any reasonable points in them.

Disputes in court

If it is impossible to draw up a contract to a peaceful way, disputes about children are solved with the participation of the judiciary.

Such disputes are diverse and relate to the following questions:

  • Place of residence of children.
  • Organization of upbringing.
  • Determining the order of communication with the child.

Such cases are in the jurisdiction of the federal court of the city or district. The state duty is not subject to the interests and rights of children. Children over 10 years old can participate in court sessions, their wishes may be taken into account by the court. Children over 14 are attracted to participation in the meeting - necessarily. The opinion of the children of this age is fundamental to the decision of the court.

  • The age of a minor.
  • The attachment of a minor to each of the parents.
  • The relationship of a minor with other family members.
  • The presence of parents for the organization of life and parenting of the child.
  • The moral appearance of each of the parents.

The characteristic of these conditions is both parents, regardless of which of them initiated the trial. At the same time, the second side can challenge the proof of the opponent.

In addition to the issue of residence, at the same meeting, the question of the procedure for communicating the child with another parent is being resolved.

If with a place of residence of a minor, parents decided on their own, but they cannot agree on the organization of communicating with him the second parent, the subject of the claim will be exactly this.

Often, such claims are served by the Father in the event that the mother forbids him to communicate with the child. Behind both parents enshrines equal rights to communicate and raising children after a divorce.

All courts concerning the claims related to the section of children are held with the participation of guardianship bodies. These authorities support parents and protect the rights of each of them.

If the mother renists the obstacles to the communication of the dad with the child even when determining the graph of the court, the guardianship authorities also contribute to their elimination.

Can the father pick up a child

Cases when the Court decides to leave children with the Father is quite rare, but still these precedents exist.

Most often it is possible only if the mother does not work or leads an inappropriate moral standards, lifestyle.

There are cases when the court takes such a decision at the request of the child itself from 14 years. The opinion of a minor of 10 to the 14th court is taken into account, but is determining (Art. 57 SC).

Since at this age he is still sufficient and cannot make decisions based on its opinion.

If after the court decided to leave the child to stay with his mother, his father believes that it behaves in an inappropriate way, he can submit a re-claim. Previously, he needs to collect the necessary evidence that he lives with his mother's mother, does not get everything necessary for living and development, living with his mother.

Studied after divorce disputes about children, parents need to think not about their ambitions, but about the interests of the child himself. He must first of all, should live in a comfortable setting, and first of all psychological.

Fathers' rights for children after termination of marriage

What rights has a biological father for a child?

The rights of both parents in relation to the child are not lost in the event of a divorce.

Father who does not live together with the child may require:

  1. Access to information about him. Father can receive information from the educational, medical institution. Refuse its provision state bodies Can only in the event of a threat to the life and health of the child.
  2. Unhindered communication. If access to the child at any time, the mother restricts, it is necessary to make a schedule of visiting the child by the Father and the order of organizing their communication
  3. Restrictions or permits for the removal of the mother of children abroad. Control the movement of children both within the country and abroad - the inalienable right of the Father. Permission is required if the departure is carried out on permanent residence or unfavimed by the second parent. It is not necessary to get a father's resolution on a tourist short-term trip.
  4. Opportunities to give permission or impose a ban on changing the name of the child. To change the surname of children without the consent of the Father, you can only with the following circumstances (Article 131 of the Code of Civil Procedure):
  • his location is unknown;
  • he is recognized as incapable;
  • lained parental rights;
  • due to the restriction of the rights of the Father.

There are conditions under which the father may be limited in rights towards children. They arise in the following cases:

  • Failure to fulfill the duties for the material support of the child.
  • Alcohol abuse or drug use.
  • Abuse rights.
  • Brutal juvenile treatment.
  • Completing a deliberate crime with causing damage to life or human health.

All these conditions are the basis for complete deprivation of parental rights. The decision is made through the court, and from the moment of adoption, the Father loses all rights towards his children.

In addition, the restriction of the rights of the Father is possible if communication with it negatively affects the state of a minor, both psychological and physical level.

In this case, the father can no longer communicate with a child at any time. Meetings pass in the presence of the mother and during the time set by it, in a place that is determined by the court. At the same time, the duties of the material support of the child behind the Father are preserved.

Duties of dad when communicating with children

The wise father will never change the style of communication with the child after the divorce with his mother.

The divorce is the strongest stress for the child at any age, and exacerbate it with the wrong communication is extremely undesirable.

In order not to cause the child additional psychological suffering, the Father when communicating with it must comply with some rules:

  1. Do not set up a child against mother and not respond negative about its behavior in the presence of a child.
  2. Do not turn the child in Spy, trying to disappear from him about the personal life of the mother and do not try to make him report every step.
  3. Children must continue communicating with all the relatives to which he is used to during the marriage of his parents.
  4. It is not worth forcibly forcing the baby to communicate with his new spouse. Subconsciously, the kid will perceive it as a possible replacement of the mother, and he may have the fear of such an event.
  5. Actively interested in the affairs and events occurring in the life of children.
  6. Offer assistance and give advice in difficult life situations.

Natalia Kapartov - expert on psychology and success

Reading time: 6 minutes

A.

Since childhood, each of us believes that he is, in spite of any examples around, there will be a happy and complete family. Alas, this dream is not always executed. And what is even worse, often parents after becoming real enemies. When it is not possible to negotiate with the Pope Fully, you have to remember the rights and obligations of the father after the divorce. What are the rights of the Sunday Pope, and what are his obligations to the child?

The duties of the Father after the divorce - what coming dad is obliged to do for his child?

Even after the divorce, the Father remains all the obligations to his child.

Coming dad is required:

  • Participate in education and the full development of the child.
  • Take care of health - mental and physical.
  • Develop a child spiritually and moral.
  • Provide a child full secondary education.
  • Provide child material In a monthly basis (25 percent - on the 1st, 33 percent - for two, 50 percent of their salary - on three or more children). Read:
  • Ensure monetary help mother baby For the period of her maternity leave.

Failure to fulfill the duties of the Father entails the use of measures provided for by the Civil Code of the Russian Federation.

The rights of the child's father after a divorce, and what to do if they are broken

Coming dad is not limited to the child, unless otherwise provided by the court.

In the absence of such solutions, dad has The following rights:

  • Get all the information about the child both from educational institutions and from therapeutic and other. If the dad is denied in providing information, he can appeal it in court.
  • Came with a child an unlimited amount of time . If the former wife impedes communication with the child, the question is also solved through the court. If, after the decision of the court, the wife maliciously violates the right to see the child, then the court may well make a decision on the subsequent transfer of the child to the Father.
  • Participate in upbringing and content.
  • Establish issues related to the education of the child.
  • Agree or disagree to the removal of a child abroad.
  • Agree or disagree to replace the surname Your child.

That is, after the divorce, the mother and dad retain their rights regarding the child.

Sunday dad: the moral aspect of the participation of the incoming dad in the child's raising

Only from the parents depends on how the divorce of their child will survive - the parting of the mother with dad, as a new life stage, or swears in all his life a deep psychological injury. To maximize the fact of such injuries for a child when divorced, the following should be remembered:

  • Categorically you can not customize the child against the Father (Mother) . First, it is simply dishonest, and secondly, illegally.
  • Think not about information about the child. That is, the calm of the child directly depends on the building of your new relationship.
  • Do not allow any quarrels and scandals with your child And do not use it in your conflicts. Even if someone from partners allows themselves aggressive attacks, you should keep calm.
  • Fall in extremes should not . You do not need to try to compensate for a child's divorce by the execution of any pleasure.
  • Find in your new relationship that golden middle that will allow you take care of children, bypassing relationships .
  • The participation of the incoming dad should not be formal - The child must constantly feel the support of the father's attention and attention. This applies not only to holidays, weekends and gifts, but also daily participation in the life of the child.
  • Not every Sunday Dad agrees with the former visiting schedule that was determined by him - it is interpreted by a man as infringement of his rights and freedom. But for the psychic calm of the child, such a scheme is more beneficial - baby needs stability . Especially - in the conditions of such a family crisis.
  • Concerning time that dad should spend with a child - This is an individual question. Sometimes more benefits bring some joyful days a month spent with dad than Sunday aunt.
  • Territory for meetings Also selected, based on the situation, the relationship and interests of the child.
  • Be careful in discussing a divorce with a child Or with anyone in his presence. It should not be negative about the father's father or demonstrate their feelings - "everything fell, life is over!" The calm of your Chad depends on this.


And try to leave your claims and claims per line divorce. Now you are just Partners in child raising. And only in your hands, the foundation of strong relationships of support, which, one way or another, will come in handy in the future and both of you, and most importantly - your child.