Today we will consider the rights of the father to the child after the divorce. What should and can a father do with juvenile wards after formalizing divorce from his wife? How are family relations regulated in this case? What and under what circumstances is it worth fearing? Understand all this and not only try below.
About parental rights
All rights and obligations of parents and children are prescribed in the Family Code of the Russian Federation. Consider the key points regarding the dissolution of marriage and further relations in the cell of society in the presence of minors.
Parental rights appear after the birth of the baby. For fathers, they arise when paternity is recognized. Otherwise, it will not work to realize the rights and bear responsibility for blood children.
Termination of parental rights may be carried out:
- naturally (upon reaching the age of full legal capacity);
- through the court (in case of emancipation or default).
Many are interested in the father’s rights to a child after a divorce. What to count on? What opportunities will be inaccessible to a man? What will one have to fear in one case or another?
Divorce and rights
What does the Family Code say about this? After a divorce, children, as a rule, remain with one of the parents, but we will talk about this later. First, find out how divorce affects parental authority.
By law, no way. Divorce is a process that in no way affects children. Mom and Dad will have the same rights and duties in relation to their minors.
Unfortunately, in practice things are different. Often fathers do not fulfill parental responsibilities, but try to dislodge the statutory rights to children. Below we consider the most important aspects of the topic.
Rights briefly
The rights of a father to a child after a divorce are legally the same as those of a mother. This means that dad remains the legal representative of the minor.
He has the right:
- choose the educational institutions that the child will attend;
- receive information on the health status of minors;
- rely on financial assistance from adult children;
- allow or prohibit travel outside the country;
- to protect and represent children's interests in various organizations;
- to live together with the child (usually this issue is decided in court);
- receive material assistance from the former spouse if children do not live with her;
- participate in raising children.
As practice shows, parental rights after the termination of the marriage are often violated or they are regulated by peace agreements or by the court.
Determination of residence
The place of residence of a child after a divorce is usually determined through a court of law. In this regard, father and mother have the same rights.
Any family lawyer will report that the court usually protects the interests of women. It is with them that children are left. Fathers can “take away” minors from ex-wives if:
- spouse is immoral;
- ex-wife is recognized as legally incompetent or has mental illness;
- communication with mom is dangerous for children;
- the former spouse is not able to provide children with an adequate standard of living.
In real life, even mothers with alcohol addiction are given time to recover. Therefore, we assume that the right to determine the place of residence of children with a father by law takes place, but it can be realized in isolated cases. Indeed, in deciding the relevant issue, the court will take into account many factors, especially the interests of children. And with mothers the latter is often better than with fathers.
Important: in order to avoid unnecessary conflicts, it is recommended to conclude a peace agreement of the established form.
Communication with the child
The communication of a father with a child after a divorce is another right that men often recall when it is beneficial to them.
The procedure for communication with the second parent (with whom the children do not live on a permanent basis), as a rule, is determined in court. If the spouses can agree, they better conclude a peace agreement.
During the determination of the order of communication, the minor dad will be informed:
- when you can come to a child;
- in whose territory communication can take place;
- under what conditions is it allowed to take the child to his place with an overnight stay.
Important: usually small children are not given to their father with an overnight stay, and communication with the kids is carried out in the presence of the former spouse.
Children surname and divorce
The name of the child after the divorce may be changed, but only with the consent of the father. Accordingly, if dad is against, mom will have to come to terms with the fact that her children will have an "old" surname.
There are circumstances that do not require the consent of the pope to change the personal data of the child. For example, these may include:
- depriving a father of parental rights;
- the presence of a court decision authorizing the introduction of adjustments to the personal data of the child.
Important: courts rarely refuse mothers to change their child's last name to their own. Therefore, the often described father's right is easily circumvented and ignored.
Travels
The next moment is the father’s consent for the child to travel abroad. It gives a lot of trouble to mothers whose children want to travel the world.
The thing is that until both parents agree to travel outside the Russian Federation, the child cannot be sent to another country. But here there are some nuances.
For example, it is far from always that ex-wives need to seek consent to export a child abroad. If the child travels as a tourist, you can do without paternal approval.
Moreover, the ban must have reasons. Any family lawyer will warn that the child’s mother can obtain permission to leave the country through a court. Especially if:
- the ban infringes on the interests of the child;
- refusal of permission affects the baby’s right to rest.
As practice shows, mothers are asked whether the former spouse agrees to take the child out of the Russian Federation if:
- relocation planned for permanent residence;
- I want to leave a child from Russia for a long time.
Important: if the pope, with whom the children do not live, has decided to secretly take minors to somewhere, this act can be regarded as an abduction with all the ensuing consequences.
Parenting and fathers
The next right of a father who has left his family is to participate in raising a child. After the divorce, the father can raise a minor as he sees fit. It is advisable to coordinate educational moments with the mother of the child.
Participation in raising children should not violate other laws of the Russian Federation. The interests of the child are taken into account without fail . If the wishes and needs are ignored, the mother of minors can go to court to limit or completely deprive the rights of her ex-spouse.
Getting baby information
The rights of a father to a child after a divorce in Russia are somewhat limited. By law, parental authority is equal, but in reality, the court most often stands up for the protection of mothers. This is a normal judicial practice, which is not necessary to be surprised.
By law, dad can receive information about his children from various institutions. For instance:
- performance data;
- health certificates of the child;
- to conduct a discussion of problems arising in various institutions.
No one has the right to refuse dad to provide relevant information. The exception is situations with restriction / complete deprivation of parental authority.
Alimony
Quite a lot of questions cause child support. They are laid to the parent with whom the children will live. We assume that this is the mother.
In such circumstances, child support after a divorce is paid by the father in the prescribed amount. For example, in the form of fixed payments or percent of salary.
Here are the lows you can focus on:
- 25% of monthly earnings - 1 child;
- 33% - if there are 2 children;
- 50% - if the child support worker has 3 or more children.
A man has the right to reduce or increase (which is rare) child support. Usually for this you need to go to court and prove the difficult financial situation of the father, which arose not through his fault.
If the former spouse suspects the misuse of alimony, he has the right to demand checks from the former spouse and transfer 50% of the alimony payments to the minor's account.
Important: child support is not a right, but a duty. Failure to pay them can lead to serious consequences.
About duties
Dealt with the rights. What about responsibilities? After all, only the father cannot use the rights. If he refuses parental obligations, he will not be able to count on protecting his interests as a minor's dad.
Among the duties of a father after a divorce, the following are distinguished:
- provide children (child support payments);
- participate in education and development;
- take care of the health of the child;
- protect the interests and freedoms of the minor;
- provide mother of children during maternity leave;
- make sure that the child receives secondary education.
If the obligations are not fulfilled (for example, the father has a debt in child support, categorically shirks the children’s support, but insists on meeting them), you can go to court for the deprivation of parental rights.
Sunday Dad Tips
Life is unpredictable. And often paternal behavior after the husband and wife terminated the relationship leaves much to be desired. Popes often by their own actions, unwillingly, seek violation of their own rights and even deprivation of parental authority.
Here are some tips you can give Sunday Dad:
- During communication with the child, do not set him up against the mother. Such harassment can be regarded as slander. It is prohibited by law. If the mother proves that the father "winds up" minors, dad will be deprived of the opportunity to communicate with children or will only be allowed to do this in the presence of his ex-wife.
- You should not think about settling accounts with your ex-wife and do something to her in spite. During and after the divorce proceedings, the interests of the child will have to be put first.
- Quarrels and scandals in the presence of minors are unacceptable. Using the child as a means of manipulating the mother is not the best (and illegal) decision.
- It is recommended to adopt the "rules of the game" of the mother of the children. Often, the order of communication between the father and the child on the terms of the former spouse is regarded by men as a violation of their rights. This is actually not the case. And the court will often force the pope to accept the terms of communication put forward by his mother.
- Participation in a child’s life should be real, not formal. At the same time, it is not necessary to fulfill all the whims of minors because of guilty feelings for a broken family.
- Maternal guidance should not be ignored, especially if it concerns moral education or children's health.
Important: while communicating with a child, you should not leave him with relatives - grandparents, and so on. Such an action may lead to the deprivation of parental rights.
About the peace agreement
In order to most gently resolve issues related to the father’s rights to the child after the divorce, it is recommended that the spouses go to a notary public and conclude peace agreements.
They usually indicate:
- the place of residence of the children and the parent with whom they will live;
- meeting schedule with all the nuances;
- alimony, which will pay a man.
This approach is used extremely rarely. Few will give in to a spouse upon dissolution of a marriage in certain matters.
Deprivation of rights
If the father does not fulfill the duties of the parent, he may be deprived of parental authority. To do this with a certain preparation is not difficult. Such issues are resolved exclusively by contacting the judiciary.
Deprivation of parental rights is possible if:
- the father violates the rights of the child;
- a man has committed a crime against the mother of a minor or children;
- a person threatens to one degree or another the former spouse and her relatives (pick up children, kill, and so on);
- communication with the father is not beneficial for minors (including a danger);
- the man was recognized legally incompetent;
- dad exceeds parental authority;
- it is proved that a man “winds” children against his mother;
- the father does not fulfill his legal duties.
Most often, non-payment of alimony becomes a good reason for the deprivation of parental rights. This is an extreme measure. To achieve the restoration of parental rights in Russia is problematic.
Important: deprivation of parental authority does not exempt from the obligation to provide minors.