The birth of a child is certainly an important and turning point for every family. But apart from the emotional, this event is also important state, because a new citizen of the country appears, whose life, like everyone else, should be regulated by the relevant laws. The main points relating to ensuring the life of the child before achieving independence are regulated by a number of legislative documents, including the Family Code, which sets out the rights and all kinds of duties of parents.
Analyzing the document, it is possible to single out the main provisions that will clarify the understanding of the definition of rights and the various duties of parents towards children, as well as mechanisms for regulating their compliance and implementation.
Grounds for determining child-parent legal relations
- The mother is connected with the child by blood, therefore after the birth of the child, she is automatically endowed with all the relevant rights and duties and must observe them.
- The father is determined depending on the marital status of the mother. If a woman is married, there is a "presumption of paternity", that is, her husband is the father of the child.
- If a woman is not married, the father of the child registers a man who expressed a desire and submitted an appropriate application to the registry office.
- In cases where a child's father refuses to acknowledge this fact and, as consequence, assumes responsibility for his upbringing and upkeep, the mother has the right to seek recognition of paternity through the court , providing evidence and passing the examination .
- If the parents were married but divorced, the former husband can be recognized as the father of the child in case the child was born no later than 300 days after the dissolution of the marriage.
Rights and duties of parents to children
- the upbringing of a child is not only an inalienable duty, but also an unconditional right;
- parents must support their children financially;
- parents are responsible for the health and safety of their children;
- parents are obliged to instil in the child the basic norms of morality, morality and law that operate in society;
- parents are obliged to provide their child with full secondary education and, in this regard, they have the right to choose a school institution, while relying on the opinion and desire of the child;
- parents can not exercise their rights and duties to the detriment of the child, that is, using his position to cause him physical and psychological harm;
- if the parents do not live together, this fact does not remove from them the necessity of fulfilling the duties of parents in the upbringing of children;
- separately living parents also have the right to interact and communicate with their child and, if the other party tries to limit them, they can defend their rights in court and obtain a formal decision of the competent authorities.
According to the laws on the duties and rights of parents, they are obliged to observe and fulfill them until the child is recognized as a separate independent individual. This is possible in the following cases:
- the child's attainment of an official majority, that is, a specific age of 18;
- in case the child has not yet reached the age of the above-mentioned age, but with the permission of the parents has already entered into a legal marriage;
- in the event that a child is 16 years old ahead of time recognized as absolutely independent - in case of emancipation.
For a number of reasons, also defined by law, for example, due to incapacity or malicious default of one's duties, parents or one of them may be deprived of the rights to the child. In this case, they can not communicate with the child, educate him, influence. But from the responsibility to provide the child materially this fact does not release them.