Parents' rights, children's rights. These words are so common that most people have simply not paying any attention to them. And only very few know in what are these mysterious rights and responsibilities of children and parents. However, very often this knowledge is not enough at a time when they really need.
All rights and duties of parents and children can be subdivided into two main groups: property and personal. Property rights, in turn, are divided into the rights and obligations of alimony and property. At first glance, such a construction may seem complicated, but in fact it is not. By the time you finish reading this article, you will almost an expert in this field.
Not so long ago saw the light of the new Family Code of the Russian Federation. There was a significant number of amendments and changes, which greatly facilitates the regulation of personal relations of children and parents. In addition, the rights of the child and provide humane conditions for the proper upbringing of the child. Unless, of course, you follow these rules.
The rights of parents to the child
The rights of parents have a number of features. And most important of these is the urgency. Do the rights of parents there is a strictly specified period, which in our country is equal to eighteen years. That is the right of parents to have their power only as long as the child has not reached the age of majority. In addition, parental rights may be terminated early in the event that a minor child marries or acquires full legal capacity before reaching the age of majority. All such cases are strictly stipulated in the legislation.
The rights of parents are very harmoniously combine the interests of compliance with both the parents and the children's interests. After all, as you know, the parental rights simply can not be contrary to the interests and welfare of children. After all, the most important task of all mothers and fathers in the first place is their well-being and care for them is always paramount.
Negligent parents are also severely punished, as dismissive and cruel neglect, degrading treatment and exploitation of children is strictly forbidden by the current legislation of the Russian Federation, and the punishment is not only termination of parental rights, but also criminal liability.
All parental rights are given to both parents equally - both mother and father. And it does not matter whether the parents live together or separately. As long as one parent in court are not deprived of parental rights, he has every right to take part in the educational process of the child. Yes, and all matters relating to education, care and upbringing of the child, must be pre-agreed by both parents. In the same case in this regard there are any - any differences that negotiations among themselves can not resolve one or both of the parents have a right to ask for help in making the decision to the local guardianship authorities or to the court.
- Parents have the right to establish paternity
In the event that a child born to parents who are not officially married, paternity can be established. Russian legislation provides for two ways to establish paternity: voluntary and court. If the father and mother agree to recognize paternity, they should contact the local registry office with a joint statement. On the basis of this statement on the birth certificate of the child, in the "father" would be made passport details of his father. And together with the child's birth certificate and your hands will be given a certificate of paternity.
If a parent does not want to establish paternity in the manner of a voluntary agreement, the other parent may file a statement of claim on the origin of the child from a specific person to court. Contact the guardianship authorities - they will help you properly write an application, and it may well be, and act as your legal representative in court.
It argued that paternity necessarily requires a genetic examination, agreement on which the other party does not always give. However, in fact, the court takes into account any strong evidence that can prove the origin of the child from a specific person.
- The right to give the child a name, surname and patronymic
All parents have the right to choose for your child's name, surname and patronymic of the child, in accordance with the provisions of the Family Code of the Russian Federation. The child's name, parents have the right to give any absolute, and civil registry offices will be required to register it, the child is given the name of a parent or a father, if they are different. In the same case, if the parents fail to reach consensus on this issue, to help resolve the conflict situation may guardianship authorities. They will try to find a compromise that will satisfy both sides. And finally, in the case of a patronymic Establishing paternity is given on the basis of the father's name, and if the mother is lonely - first name written with the words of the mother.
- The right of the child to change the name
In the event that for some - any reason the parents decide to change the name of your child who is under sixteen years of age, they should seek a joint statement in the civil registry offices, as well as custody and guardianship for permission to change the name. The same applies to situations in which parents, bearing different names, want to change the existing name of the child to the other parent's surname. By the way, if the child is ten years old, in addition to the permission of the guardianship authorities they need the consent of the child. In most cases the guardianship authorities decide to change the resolution of the name and surname the child:
- Change for some - any reason the names of the child's parents.
- Adoption of a child or, on the contrary, the abolition of adoption.
- Parental divorce or annulment of the marriage in court. More often. In almost all cases, the guardianship authorities shall decide on the assignment of baby names of the parent with whom he actually lives.
- The decision on the authorization to change the name of the child may be imposed in the event that the child is actually respond and do not call themselves by that name, which is written in his birth certificate.
- If for some - reason, it turned out that the child is given the name of the guardianship authorities, without taking into account the views of the parents (of a serious illness, for example).
However, remember that a single algorithm does not exist. And the decision to approve or refuse the claim on behalf of a child or changing the names of bodies of trusteeship and guardianship court take strictly individual basis, taking into account the interests of the child first and foremost, and only then the parents.
Therefore, if you decide to change the child's name or a surname, a good think about your decision. First of all, think about the child - whether he wants it. And when you change the names do not rush too much - and suddenly you have to make up with ex-husband? Or get married again? You will again change the name of the baby? And if you divorce again? It is not necessary to treat the child as if to some - a toy.
- The right to defend the interests of their child
All parents, except for those deprived of their parental rights, have full, unrestricted right to the protection of the interests of their child in any legal way. It is the parents are the official representatives of the legitimate interests of their children. Parents protect the rights and interests of the child in any relationship, both legal and natural persons. To do this, parents do not need any special permission and authority - they give the state at the time of the birth of crumbs.
There are only a few cases in which the parents can not represent the interests of their children. This applies to those cases where the parents are judicially deprived of parental rights, or in the case of parents and the child's interests do not coincide. In such cases, the legal representative of the interests of the child will be appointed by the guardianship authorities. Perhaps, in such cases, it is not necessary to dwell as interesting normal parents, which is what our readers are always first and foremost take into account the interests and well-being of their child
- The right to determine the child's place of residence
That parents should decide what is best for their child. This also applies where the child will live. In the event that any of the family members - grandparents. Uncle or aunt - suddenly decide that the child will be better at them, parents have every right to demand the return of the child. Moreover - this action on the part of relatives of a criminal offense. But do not forget about the fact that relatives of the child shall be entitled to file a lawsuit on the recognition of you unable to adequately educate their child and unable to create appropriate conditions to him. And if they manage to convince the court that he could be on their side.
- The right to self-education
The right to independent choice of forms and methods of education also belongs to the parents. However, it must be remembered that education in any way should not harm the moral and physical health of the child, is unacceptable to humiliate the dignity of the child and to violate their rights and interests.
The right to self-education of the child quite interesting, as is mandatory, because it is the parents are obliged to care about the mental health of the child's education, spiritual development, and education.
- The right to determine the method and place of the child's learning
Parents have every right to make all decisions relating to the issue of education of the child and his form was received. A child can be taught in educational institutions that choose the parents, or be home schooled - as long as it is not contrary to his interests. However, remember that after the child reaches the age of ten, you will have to listen to his opinion concerning the matter of his education.
Rights of minor children of a personal nature
Every child is born, automatically acquires a series of rights, which he put under Russian law:
Every child has the right to live and raise a family, as much as possible. In that case, if the parents refuse their child, he is entitled to the care of the state and the right to be adopted by a foster family. After all, no matter how good the very best child care, it can not replace a child affection, care and love of family and friends.
The same is true with respect to those cases where the residence of the child with the parents threatens his well-being, health and even life. In such cases, the child also forcibly removed from the family and placed before the court decision to a specialized institution. If the parents change their behavior and to convince the court of their reliability, the child will be returned to the family under strict and careful control of the guardianship authorities. If the court finds that parents - still pose a danger to the child, they will be deprived of parental rights. The child may be under the care of someone trustworthy relatives, or it will have the right to be adopted by a foster family.
- The right to communicate with relatives
The child has the right to freely communicate with their close relatives: grandparents, sisters and brothers. And in the event that the parents interfere with this communication, any of the families have a right to go to court to judicially resolve this conflict situation. The court may order the parents to allow the child to meet with relatives. However, most say that such meetings are only possible if communication with relatives does not threaten the health of the child and his peace of mind.
The right to communicate with relatives of the child retains even in extreme situations, such as the arrest and treatment of others. Whatever happens, as long as your child is 18 years old, he has the right to freely communicate with their legal representatives - usually the parents. The only thing that can limit such contacts - this internal regulations of the institution, which at the moment is a child.
- The right to represent his interests
Features of our modern society is such that often to children's rights were not violated, it is necessary to resort to the court. And every child has a right to a legal representative in court. Similarly, the legal representative may be a parent or guardian of a child. In the same case, if the child is in the custody of the state, or his parents for some - any valid reasons can not perform the legitimate representatives of the interests of the child, he will be granted the guardianship authorities.
The same is true with respect to other situations in which the child's legal representative is required. For example, in any case not allowed to conduct any - any questioning of the child, or his interrogation as a witness without the presence of a legal representative - a direct violation of his rights.
- The right to protect their interests
The child has every right to defend their legitimate interests and rights. Guarding the interests of the child are guardianship authorities, prosecutors, courts. However, the new law on the protection of children's rights provides an opportunity for any child on their own to ask for help in the guardianship and custody, and after he turns 14 years - in court.
- The right to your own opinion
The child has a right to express their own opinion. This applies to including any solutions - or family issues. Of course, the final word will be for you, but listen to the child still stands. And it's not even the rights of the child - respecting the views of the child, you respect him. That child who feels that his opinion is respected and considered him, and begins to more seriously think about to take their words and deeds. Yes, and on self-esteem of the child of parents affects the most favorable way.
In addition, the views of the child can be heard in an administrative or judicial proceeding, of course, in the presence of a legal representative. Moreover, the opinion of a child who has reached the age of ten, is taken into account in court. Moreover, there are a number of decisions that are taken without the consent of the child. These procedures include: a change of name, surname of the child, the restoration of parental rights and adoption, determination of the place of residence of the child and so on.
All children born in the Russian Federation, are entitled to free medical care under the compulsory medical insurance. Every newborn baby should get a policy of compulsory medical insurance. Inform the relevant authorities should obtain his parents or other legal representative of the child.
However, emergency medical care for children is provided, even if it is for some - any reason not to have a policy of compulsory medical insurance. In that case, if the doctor refuses to take a sick child without medical insurance policy is necessary to address immediately to the head physician hospital.
Any child in the Russian Federation has the right to free education. The child has the right to attend preschool educational institution, in other words, a kindergarten, and subsequently school. And if a visit to a kindergarten in our country is not required, the general secondary education is strictly compulsory for all children is a must.
- The right of priority to obtain all kinds of assistance
Children are the most vulnerable and unprotected part of the population. Therefore, any non-standard emergency situations: in case of accidents, natural disasters, in extreme situations, in difficult situations child care is provided in the first place, and then all the rest.
Property rights of the child
The government vigilantly stands guard over the property interests of the child.