In the event of an official dissolution of the marriage between the separated spouses, acute questions continue to arise regarding the conditions for the further upbringing of a joint child.
Instructions
Step 1
The question of the rights to the child arises not only when determining the permanent place of residence of a minor with one of the divorced parents, but also when one of them evades the fulfillment of direct responsibilities for his maintenance or upbringing.
Step 2
It is worth noting that all disputes arising between the former spouses concerning the child are officially subject to resolution only by the territorial bodies of justice. These include federal city courts and district courts.
Step 3
The conflict can be settled by its participants independently, through oral and mutual agreement.
Step 4
The Family Code establishes the right of a minor to live with his parents, and also enshrines the child's freedom to communicate with close relatives. When a disputable situation arises, the legislator clearly defines the criteria for possible restrictions.
Step 5
So, regardless of the fact that the child constantly lives with the mother, the father has the right to unlimited and full-fledged communication with him. It is unacceptable to suppress meetings between a father and a child on the basis of personal speculation, hostile relations and selfish intent on the part of the mother, as well as other relatives. Such actions are assessed as illegal.
Step 6
In reality, it is possible to limit the possibility of a child's relationship with his father only upon receipt of a court decision establishing the order and alternation of communication with the child by his parents. At the same time, it should be remembered that such a decision is made at the subjective discretion of the court, but taking into account the opinions of both parents and the opinion of a child who has turned 10 years old.
Step 7
Without a court order, both the mother and the father have the same equal rights to the upbringing of the child, regardless of the opinion of the other parent.
Step 8
The child's father has other rights as well. These include the possibility of obtaining information about visits by minors to educational, medical and other institutions. As an exception, cases are considered when the disclosure of such information entails the possibility of actions that directly threaten the health or life of a minor.
Step 9
The father also retains the right to give consent or prohibit the child from leaving the territorial borders of the Russian Federation. The right to be directly involved in changing the surname of a minor is retained.
