What Rights Does A Common-law Husband Have To A Child

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What Rights Does A Common-law Husband Have To A Child
What Rights Does A Common-law Husband Have To A Child

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Nowadays, there are many disputes in families about children. In case of divorce, mothers and fathers file for alimony, try to divide the children. However, if the spouses were not officially married, the man may have some difficulties related to the rights to the child.

What rights does a common-law husband have to a child
What rights does a common-law husband have to a child

Civil marriage

Today, civil marriage is not uncommon. A civil marriage is a voluntary residence and common household between two people, without any legal obligation. In order to avoid scandals and courts in a civil marriage, the best solution would be to draw up an agreement in which all the rights and obligations of the parties could be described in case of a possible break. Such an agreement comes in handy in the distribution of property.

It can also spell out the responsibilities of both spouses in relation to children.

Most of the disputes arise precisely over the rights and obligations of common children. In most cases, mothers try to restrict the rights of fathers, which is completely illegal. Therefore, men need to take into account one point: in an official marriage, everything is clear, the child's father is the legal husband of the child's mother, and all his rights are described in the law. In a civil marriage, you first need to confirm paternity, and this will require recognition, a personal statement submitted to the registry office.

After that, on the basis of Art. 61 of the RF IC, the father has equal rights with the mother to the child.

The rights of a civil husband to a child

In a civil marriage, even after a man confirms his paternity, he has the right to give or deny the child his last name. Today, a common-law wife should have two documents in her hands: one confirming paternity, and a document confirming that the father gives his last name to the child.

The father has the right to communicate with the child in any amount. Despite the fact that in most cases the child remains with the mother, this does not give her any advantages in terms of the rights to the child. The father also has the right to take part in the upbringing and education of his daughter or son. It is possible to challenge this right or reduce the amount of time the father spends with the child only through the courts.

The father has the right to give permission or refuse to take his child abroad. Even if a mother wants to go on vacation with her son or daughter, she will have to ask permission from his father.

The father has the right to refuse if the mother decides to change the child's surname. He also has the right to request and receive any information about his child from any institution, for example, educational, upbringing or medical.

If suddenly the "married" couple decided to break up, it is the father's responsibility to pay alimony on a standard basis. If the father decides that the mother, for some reason, is not able to properly raise the child, he has the right to obtain 100% custody of the child through the court (with the presentation of evidence) and file alimony for the child's mother.

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