Rights of the father of a child in an unregistered marriage

Family law > Civil marriage > What rights does a father have over a child in a civil marriage?

Cohabitation is an unregistered relationship between partners that has not been formalized in the manner prescribed by law.

This is voluntary living and maintaining a common household between two partners in the absence of legal obligations.

The state does not recognize cohabitation as an official marriage relationship. In everyday life, unpredictable situations often arise in families, which can also affect children together.

If partners who have not registered the relationship separate, the first question concerns the common child: who to leave with, how to support it, whether alimony will be paid.

Such issues should be resolved in court, since couples rarely reach an agreement . Let's consider what are the responsibilities and rights of a father to a child in a civil marriage, as well as how to adopt your child from a common-law wife in Russia in 2020.

Emerging disputes regarding children

If there are no parents, or if they have been deprived of parental rights, then the right to raise the child is ensured by the guardianship and trusteeship authorities (Article 54 of the Family Code of the Russian Federation).

Both parents are responsible for raising the child and must provide them with education (Article 63 of the RF IC) . Parents advocate for their rights and interests.

A difficult situation arises as soon as a man and woman who are in an unregistered relationship decide to separate. Most conflicts arise on issues of rights and responsibilities in relation to common children.

Quite often, offenses are committed against children, since some fathers cannot decide to recognize the child as their own and assign their surname to him.

If paternity has not been established, the child is given a first name according to the mother’s instructions, a patronymic is assigned according to the name of the person who was recorded as the child’s father, and a last name is assigned according to the mother’s last name.

But mothers can also be inconsistent in their decisions, illegally prohibiting the father from seeing the child.

Both parents should be responsible for raising a child . But in an official marriage everything is simple.

In case of cohabitation, obligations to support children apply to male cohabitants only when his paternity is established.

Let's look at how to register paternity in a civil marriage.

Establishing paternity

• If the child was born outside a medical organization, then the fact of birth from the mother is confirmed on the basis of medical documents, testimony, witness testimony and other evidence.
• To legally recognize a child as his own, a man must undergo paternity verification..
• Fathers who want to establish paternity often have no idea where to start the process and wonder how to register a child in a civil marriage.

A joint application with the child’s mother is submitted to the registry office (Article 48 of the RF IC) . If the mother has died, been declared incompetent, deprived of parental rights, and her whereabouts cannot be determined, the father also has the right to submit a corresponding application.

But he first receives the consent of the guardianship and trusteeship authority or by court decision, if there is no such consent.

If the child is already an adult, the parents submit an application to establish paternity along with the written consent of the child (or his guardian, guardianship authority, if the child is incapacitated).

A package of documents for determining paternity in the registry office:

• passports;
• child’s birth certificate (if available), medical certificate from the maternity hospital;
• receipt of payment of state duty;
• permission from the guardianship authorities (if required by law);
• consent of an adult child.

All documents are submitted to the registry office at the place of residence of the parents or to the registry office where the fact of the child’s birth was registered.

Many women are concerned about the question: “Is it possible to register a child in the father’s last name if we are in a civil marriage?” Yes, the child’s father has the right to give him his last name, even if the relationship between the partners is not officially registered.

The father writes a statement in which he says that he wants to give the child his last name. And the child has a middle name, as well as a birth certificate with the “Father” column filled in.

A certificate of paternity is issued on official letterhead and with the official seal of the civil registry office.

The document must contain information:

• about the child's father;
• Full name, date and place of birth of the child;
• act of recording the establishment of paternity, information about the civil registry office;
• Full name of the child after paternity has been established;
• Full name of the child's mother;
• series, paternity certificate number.

The registry office may refuse to issue a certificate if the birth register already contains information about the child’s father.

But it often happens that the former common-law wife does not allow him to see the child. What to do then?

Through the court

First, you need to collect evidence confirming the relationship of the child and his father. The court takes into account any reliable evidence: explanations of former partners, witness statements, written, material evidence, expert opinions.

One of the most basic pieces of evidence is a DNA paternity test.

But the court itself determines in which medical institution such a test can be done. If the potential father brings test results from a clinic of his own choosing, the court will not accept such evidence.

Subject to examination:

• blood from a vein;
• hair;
• nail cut;
• a smear of the mucous membrane from the inside of the cheek.

A DNA test is an advanced technique that confirms or denies the biological relationship between an alleged father and a child by examining the genetic material of the participants and comparing certain DNA parameters.

This analysis provides only the most accurate results. 99% - the man is the father of the child, 0% - he is not.

Video: Establishing paternity

Father's rights to child

The father has the right to communicate with his child at any time in unlimited quantities . According to the law, the mother of the child does not have any advantages over the father in relation to the child.

1. The imposition of time restrictions on communication with a child is enforced only by the court.
2. The mother of the child is not given any advantages in relation to the rights of the child in matters of communication and spending time together, unless otherwise established by the court.
3. Other rights of the father:

• give the child your last name;
• take direct part in the fate of the child, provide for him financially;
• spend leisure time together, take it abroad;
• protect the child physically and mentally;
• raise a child, help him, solve issues of his education;
• request information from the military registration and enlistment office, medical organization, educational institution;
• file a lawsuit if the child’s mother prohibits the father from communicating with him, or if the father is dissatisfied with the way his child is being raised;
• contact any other institution to obtain information about your child.

If a mother takes her child abroad for permanent residence or vacation, she must obtain the father’s permission.

Former partners can enter into a written agreement, certified by a notary, on the procedure for exercising parental rights.

• It is better to draw up such a document with an experienced and qualified lawyer who will help indicate all the nuances and correctly draw up all the clauses of the agreement.
• If disagreements arise, parents can go to court, which will determine the procedure for exercising parental rights.
• When making a decision, the courts take into account the interests of the child, as well as documents provided by the guardianship and trusteeship authority, which contain characteristics of the child’s mother and father.

Deprivation of parental rights

In what cases can a father take a child from a mother in a civil marriage? If the mother does not perform her duties properly due to an antisocial lifestyle or a serious illness.

The father can deprive the mother of parental rights if she:

• evades fulfilling her duties, does not pay alimony (if the court has ordered her to pay it);
• refuses, without good reason, to pick up the child from the maternity hospital or medical institution and other organizations;
• abuses his parental rights;
• cruelly treats a child, carries out physical and mental violence, encroaches on his sexual integrity;
• is sick with chronic alcoholism or drug addiction;
• committed a deliberate crime against the life or health of her children or the other parent.

For the same reasons, a mother can deprive a father of parental rights.

How to take a child from the mother to the father in a civil marriage? The other partner cannot deprive one partner of parental rights solely at his own request.

Only the court can deprive parental rights. It is necessary to collect strong evidence, protocols, extracts, video and photographic materials, and testimony of witnesses.

First you need to go to court . The father files a claim at the place of residence of the child's mother. The claim must clearly and accurately indicate the grounds on which the child’s father demands to deprive the mother of her rights.

Before submitting an application, the father can contact the guardianship authority for advice. Then the employees themselves will collect evidence of the child’s mother’s guilt.

1. The claim can be satisfied even without the consent of the defendant.
2. When considering a case on deprivation of parental rights, the court must take into account the interests of the children, only then the interests of the father or mother.
3. The parties must provide sufficient reasoning for their actions, confirm their case with facts and evidence of the neglectful attitude of one or the other parent towards the child.

The court will consider all the circumstances, listen to the parties, and make a decision. The more evidence the father collects against the mother, the more chances he will have to win the case.

The evidence is:

1. Testimony of witnesses. If the mother is not involved in the baby's life, witness testimony is the best evidence.
2. Documentary evidence base: medical certificates documenting beatings of a child, conclusions of child psychologists, psychiatrists, neurologists. You should also take a certificate from the PND if the mother is registered there. If the mother evades paying child support, the child's father obtains a certificate from the bailiff service.

The witnesses are:

• relatives of the child;
• housemates;
• employees of the preschool or school institution where the child is studying.

• Deprivation of parental rights is a forced and extreme measure.
• Relevant services fight unlucky parents who cannot or do not want to properly fulfill their responsibilities, and help those who are unable to do this for a good reason.
• Parental rights are deprived only when there is no hope for correction.

If a man or woman's motives for depriving a biological parent of rights to a child are unfounded, the court will not rule in his or her favor without strong evidence. Especially when the desire to deprive parental rights is dictated by annoyance to your ex-partner.

A man who is in an unregistered relationship with a woman has certain rights and responsibilities in relation to the children he shares with her.

He can always declare his rights, even if he has not taken part in the upbringing and maintenance of the child for many years. A woman should be prepared for such a statement.

1. If she does not want to recognize him as the father, the man can sue and prove his paternity.
2. The father's rights to the child and responsibilities towards him are equal; the father can see the children unless the court proves that this causes harm to them.
3. Further communication between former partners and the child should proceed by agreement of the parties.
4. But the father must also understand that recognizing a child as his own means taking responsibility for the upbringing, care, and financial support of the child along with his mother.

Read also: Benefit for caring for a disabled child in 2020: for working and non-working parents

Video: Deprivation of parental rights

Source: http://semeinoe-pravo.net/prava-ottsa-na-rebenka-v-grazhdanskom-brake/

What rights does a child born in a civil marriage have?

Civil marriage is understood as a family relationship between a man and a woman that is not registered with the registry office. During their relationship, many couples have children. With the birth of a baby, common-law spouses face questions: what rights will their child have? How to register a child born in an unofficial marriage? What rights do parents acquire whose marriage is not legalized? In fact, not everything is as problematic as it seems at first glance.

Rights of minor children

Family law does not in any way limit the rights of children whose parents are not legally married. A child born in a civil marriage has the same rights and bears the same responsibilities as a child born in a legal marriage.

Children's rights are enshrined in Chapter 11 of the Family Code “Rights of Minors”. In particular, the child has the right to a family, to communicate with parents and relatives, to a first name, patronymic, last name, to receive financial support from parents, and to receive alimony.

Note!

In case of termination of family relations between a man and a woman, minor children have the right to receive alimony, regardless of whether their parents were in a registered marriage or not.

Both the father and mother of a child born during an unregistered marriage have a full range of parental rights. The child's birth certificate must include information about each parent.

There may be cases where the child's father is not listed on the birth document.

Registration of the birth of a child

• Registration of a newborn child of common-law spouses takes place at the Civil Registry Office.
• The procedure for registering a birth involves submitting an application and a package of documents to the registry office at the place of birth of the baby or at the place of residence of both parents (one parent).
•             Child registration is carried out:

• By both parents: the mother’s data is indicated from a medical certificate, the father’s data is indicated in accordance with his application for recognition of paternity.
• One mother, if paternity has not been established.

Registering a child in the presence of mother and father is not difficult. But if the father refuses to register the baby, this causes certain difficulties. Information about the father cannot be entered into the birth certificate without his permission. In this case, the child’s surname is assigned according to the mother’s surname, and the first name and patronymic are assigned at the mother’s request. In the future, the mother retains the right to go to court to establish paternity. Information about the father may not be entered at all; a dash is placed in the “father” column.

    In an unofficial marriage, spouses have different surnames. The surname of a child in a civil marriage can be assigned to both the father and the mother, depending on their agreement. The parents choose the baby's name together.

If disagreements arise on this matter, the guardianship authority makes a decision on assigning a name to the baby. The patronymic is indicated by the name of the child's father.

If paternity has not been established, the mother has the right to independently choose her middle name.

  Establishing paternity of a common-law spouse

1. Recognition of paternity in a civil marriage can occur either voluntarily or through the court.

 The easiest way is to submit an application to establish paternity at the time of registering the child with the registry office. Such a statement confirms legal recognition of paternity. As a result, the man acquires parental rights.

   The procedure for recognizing paternity through the court is more complicated.

The mother files a lawsuit in which she demands to establish a relationship between the father and the child.

In turn, if a man denies paternity, he also has the right to challenge this fact. Most likely, the court will order a DNA examination, the results of which will establish a genetic connection or lack thereof.

Parental rights of a common-law spouse

A father who has recognized a child born in a civil marriage has all the rights provided for by family law.

The father has the right:

• Raise and support a child;
• Give your last name and patronymic;
• Be the legal representative of a minor in various authorities;
• Grant permission to take the child abroad (or prohibit departure).

If the father does not live with the mother and children, he has the right to meet with the children and communicate. In the event of a dispute, the procedure for communicating with children is determined by the court.

 There are situations when a mother does not fulfill her responsibilities in raising children: she does not take part in the lives of children, abuses alcohol, commits violence against a child, etc.

The father has the right to appeal to the courts and deprive her of parental rights.

Adoption of children in a civil marriage

The very concept of “adoption” implies the upbringing of children deprived of parental care. Therefore, if the biological father does not recognize the child in a timely manner, it is impossible to adopt him in the future, since this contradicts the basic norms of family law.

In order to be a parent not only in fact, but also legally, it is enough to submit an application to the registry office and guardianship authorities to establish paternity on a voluntary basis.

Note!

As for the adoption of other people's children, this is impossible for a civilian husband and wife. Persons who are not in a registered marriage with each other cannot be adoptive parents of the same child.

One person can adopt someone else's baby. However, this procedure is quite complex and lengthy.

Source: http://myfamilylaw.ru/deti-i-roditeli/rebenok-rozhdennyj-v-grazhdanskom-brake-i-ego-prava

Does a father have rights to a child in a civil marriage?

Civil marriage is a union of a man and a woman, quite common these days. Such cohabitation does not create problems as long as there are no children in the family .

A child born in an unregistered marriage unwittingly forces parents to make serious decisions . The biological father is faced with the question of whether to recognize the baby as his own or not? Give him your last name, take on the responsibility of raising him?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

If a child is born in a civil marriage

Living without registering a marriage and having decided to bring a baby into our world, a mother must clearly understand what she can count on . There are two possible scenarios for the development of the situation:

1. the father recognized the newborn as his own;
2. the father does not take any action to recognize his paternity in relation to the newborn or refuses to recognize it .

• In the first case, the father and mother are sent to the registry office with passports and a certificate from the maternity hospital confirming the fact of the birth of the baby, and data about the parents is entered in the book of recording information about the parents.
• The father must write a statement if he wants to give the newborn his last name.
• Thus, the child receives a patronymic and a birth certificate, in which the surname of the real parent will be entered in the “father” column.
• In the second case, registration will take place without entering the father’s data, there will be a dash on the birth certificate , and the mother will be considered single.

The grown-up child will understand that he is not recognized; Some children suffer greatly from this mentally. But the most important thing is that such a son is infringed in his filial rights in relation to his father’s property, his inheritance .

The only thing a mother is free to do is choose a middle name. Feeling offended, “in her hearts” the mother can enter any other name instead of the father’s. It is not allowed to change the surname; the child can only be registered under the mother's name .

Over time, the father, having wished to recognize the child legally as his own, will not be able to fulfill this wish without problems, since paternity will now have to be established .

How to determine paternity?

to determine the relationship between a biological parent and an offspring , but the degree of probability may vary. Here are the main ones:

• by similar features in appearance;
• according to the time of probable conception of the child;
• taking into account blood type;
• DNA examination.

Most methods are to one degree or another related to heredity , so geneticists are involved. If the baby inherited the mother’s appearance, then such comparisons will not add anything to the question of determining paternity . This method is suitable if the child is the spitting image of his father.

1. Similarity in external characteristics includes analysis of the facial features of the child and the father: the shape and color of the eyes, the shape of the nose, the presence of characteristic dimples on the chin (by the way, the dimple is inherited in 95% of cases), the oval of the face, gait, the shape of the hands and feet, etc.
2. We recommend watching a video about establishing paternity:

Blood group analysis can only accurately determine whether a given man can be the father or not, but it is impossible to accurately determine paternity by blood group. For example, the father has blood type I (0). in the mother - II (A).

Their common descendants can only have the blood of these groups (there are special tables with combination options). This means that any of the men with blood type 0 can be the father, but certainly cannot if his blood type is different .

A child from these parents can only have blood of groups I (0) or II (A). In addition, such blood groups can be inherited by children of parents with completely different combinations of groups. There is a huge error in this method .

Based on the time of probable conception, the gestational age can be determined with an accuracy of 4-5 days. If during this period of time the mother had sexual contact with this man, then he may be the biological father .

If the mother is very loving, promiscuous and had relations with several partners during these days, then any of them can be among the probable fathers . This means that this method does not provide any accuracy .

Only genetic testing of DNA has an accuracy of 99-100%.

Carrying out genetic testing

The most modern method for determining family ties, in particular paternity, is genetic testing.

DNA analysis is carried out on the basis of comparison of biological materials of the probable father and the child. It can be:

• deoxygenated blood;
• nail sections;
• hair;
• particles of mucous cells inside the cheek (a smear is taken).

The duration of the examination is from a week to 14 days , the result obtained is almost error-free.

Only special laboratories that have the appropriate documents have the right to perform such tests and , but the result is accepted as unconditional evidence even by a court of any authority.

A man's recognition of a child born out of wedlock as his own

For a man to recognize a child as his own means to take responsibility for upbringing, care, and financial support, along with the mother.

An illegitimate child, at the request of the father, can be recognized without any delay . In the event of the death of the mother, the father who appears at the registry office, presenting a certificate of her death, can become the legal father.

• If the child’s mother is absent for a long time and no one knows what’s wrong with her and where she is, is incapacitated, deprived of the rights of a mother, then the father submits an application to the registry office with a request to recognize him as the father, attaching certificates, or extracts, or other documents to the application .
• Based on these papers, documents (birth certificate) will be issued and entries will be made in a special book about the child’s father.
• When a common-law husband refuses to recognize his paternity , only the court can correct the situation and establish the fact of paternity .

Read also: Discharge a mother without a child from the apartment

What rights does a common-law father have over a child?

A father who recognizes the baby as his own and being a civil husband, not an official one, has many rights:

• give your last name;
• raise an offspring, provide an education ;
• participate in its provision financially ;
• spend leisure time, vacation;
• represent the interests of the cub in all instances , protect him physically and morally;
• request information from the military registration and enlistment office, medical institution, school, etc.;
• give consent (or refuse) to take the child outside their country, etc.

The father also has the right to sue the mother for improperly fulfilling her duties due to an asocial lifestyle or illness for full custody of her child.

It is clear that this is done through the judicial authorities and guardianship authorities, if strong evidence of the mother’s indecent behavior is presented. It is even possible to withhold alimony from the mother in favor of the child while he is living in the care of the father .

When living separately or in the event of separation, the father has both the right and the obligation to support the child by paying alimony.

A voluntary agreement to pay alimony will greatly simplify the situation. Be sure to read the informative article about paying child support in the event of parental separation.

Deprivation of a parent's rights

A woman cannot simply deprive a father of his rights to a child at her own request . A civil marriage is also a marriage that imposes its own legal restrictions on actions.

Deprivation of the rights of a parent is the prerogative of the court exclusively (Articles 69-71 of the RF IC).

It is necessary to collect a database of evidence from documents, protocols, extracts, videos or photographs, testimony that the father is not involved at all in the upbringing and upbringing of the child - he does not give money in any way, does not come, does not see each other, makes scandals, leads an antisocial lifestyle, etc. .P.

Based on the mother’s claim, the court will consider all the circumstances , listen to the opposing side and make a fair conclusion about whether the father should be deprived of his rights to the child. The court's decision will put an end to this issue.

1. A child born in a civil marriage should not suffer from the fact that his parents have a special opinion regarding the official registration of the relationship.
2. Neither father nor mother become better or worse parents because they live without painting - their common task after the birth of their offspring is to give him the maximum in this life .
3. When pregnancy occurs, the responsibility for deciding whether or not to have a new life, a new person, is divided equally between the father and mother .

A child is forever, so men who are not ready for such a degree of responsibility should not start a family in any form. Having become a father to a newborn, you need to gain strength and determination to be a father in every sense of the word until the child becomes an adult.

Source: https://2supruga.ru/roditelskie-prava/otca-na-rebenka-v-grazhdanskom-brake.html

Does a father have rights to a child in a civil marriage?

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Civil relations are marriage based on cohabitation. This form of relationship does not imply that partners acquire any rights and obligations towards each other.

Therefore, when parting, many people have questions about the place of residence and upbringing of the minor children that the couple has. Most often, this problem concerns men, because the relationship between mother and baby is established at birth.

So, what rights does a father have over a child in a civil marriage?

What does the law say about civil marriages with children?

Most often, another name is used for the term “civil marriage” - “cohabitation”. Such relationships are not registered with the civil registry office in the prescribed manner. The state does not recognize this form of marriage. Accordingly, families do not receive financial support.

First of all, current legislation is aimed at protecting the rights and interests of the child. It lies in the need for upbringing, material support for the needs of a minor, and education. These responsibilities fall on the shoulders of parents in accordance with Art. 63 of the Family Code of the Russian Federation, however, in their absence, the right to raise a child is transferred to the guardianship authorities (Article 54 of the Family Code of the Russian Federation).

Important! In order for a cohabitant who is the father of a child to acquire full rights in relation to the latter, it is necessary to establish family ties. Otherwise, all responsibility will be placed on the mother, whose last name the baby will receive.

It is worth understanding that controversial situations in a civil marriage often arise due to the intentional actions of partners.

For example, a father can abandon a minor, and a mother can prevent the child from communicating with her spouse, which is, in fact, illegal.

The procedure for establishing relationship between a child and the mother’s cohabitant

Paternity is established according to the information in the documents issued at the birth of the baby. If the child was born outside a medical institution, then certificates, witness statements, and other evidence are considered as grounds.

To recognize a minor, the father must go through the procedure of establishing kinship. In many cases, a man simply has no idea where to start.

At the same time, it is enough to contact the registration authority (registry office) together with your spouse and write a corresponding application (Article 48 of the RF IC).

However, before this, it is necessary to coordinate the procedure with the guardianship authorities or obtain a court decision.

There are cases when paternity is established in relation to an adult child. Then his consent or the approval of the person acting as the guardian of the incapacitated person will be required.

In addition, the package of documents required to be submitted includes: passports of the parties; a paper issued at the birth of a child, a check or receipt indicating payment of the fee.

The papers must be submitted to the registry office at the place of residence of the family or to the authority where the birth of the baby was registered.

The father forms a handwritten statement, in which he indicates his desire to give the minor his last name. The certificate is issued on a strictly established form with an official seal.

It is worth noting that the registry office has the right to refuse this procedure if the registration records already contain information about the baby’s father.

Resolving the issue in court

This need arises when a common-law spouse is against communication between her cohabitant and the child and does not want to see her partner as the father of a minor. In addition, a similar situation may occur if the guardianship and trusteeship authorities, for any reason, refuse to agree on the procedure for establishing the relationship of the child and the applicant.

Important! The court independently selects the medical organization that will conduct the study. If the test has already been carried out by a man previously, then its results will not be taken into account.

As in any case before the court, the evidence collected by the parties is of utmost importance.

Thus, the plaintiff must ensure that he has in his hands the explanations of his partners, information provided by witnesses, material evidence, and acts prepared by experts.

At the same time, the main evidence that will be accepted by the authority as the basis for establishing paternity is a DNA test.

• Question:
• What is a paternity test and how accurate is it?
• Answer:

During the examination, the following genetic material is taken: venous blood; hair; oral swab; nail cut.

A DNA test is a technique that, thanks to modern technologies, confirms (refutes) the connection between individuals through research at the biological level. The comparison produces accurate results.

With a 99% match, the man is recognized as the father of the baby, and with a 0% match, the relationship is not confirmed.

What rights does a common-law spouse have in relation to a child who has been recognized as his child?

A man has every right to see his baby at any time when it is convenient. Under current law, a mother does not have priority over her partner in raising a minor. Any restrictions are established by the court, which neither party has the right to replace.

In addition to communicating with children, the father has the right to: give the baby his last name; participate without intermediaries in the fate of the child, financially provide for the needs of the child; relax with your baby, including outside the Russian Federation; provide protection (physical and psychological); raise a child, provide him with a good education; receive information from the military registration and enlistment office, medical and educational institutions; defend your position in court (for example, when a wife is prohibited from seeing the baby or a woman behaves inappropriately towards a minor).

It is worth noting that if the child’s mother takes him outside the Russian Federation, then the appropriate permission from the spouse must be obtained. The purpose of the trip does not matter. This rule applies to both the desire to relax and long-term residence abroad.

In order to streamline relations related to upbringing and the performance of other parental responsibilities, the parties can enter into a bilateral agreement. It must be signed by both spouses solely of their own free will. The paper must be certified by a notary office.

Otherwise, the agreement will not have legal force. When drawing up a contract, it is recommended to contact highly qualified lawyers who know the intricacies of family and civil law.

They will not only help you draft a document, but will also provide full consultation on the most pressing issues.

On our website you can take advantage of free consultation with professional lawyers, they will help you avoid making mistakes and prepare the necessary documents.

Can a common-law husband take the children for himself?

This situation happens quite rarely. However, the father must be aware of his right to raise the child alone. This happens when the spouse behaves in an antisocial manner, which cannot but affect the psychological state of the baby. The most common problems include:

• evasion of obligations in relation to a minor, including their material support;
• refusal to be discharged from the maternity hospital with the newborn without a valid reason;
• abuse of rights in relation to a child;
• cruel behavior towards the baby;
• alcohol abuse and drug addiction;
• a crime involving an attempt on the life and health of a spouse or a minor.

To prove his position, the plaintiff needs to go to court and present compelling evidence of the mother’s unreliability. Without them, the authority will not be able to make a positive decision. It is worth noting that the application can be satisfied in absentia, that is, without the participation of the defendant at the meeting.

Important! Deprivation of a parent's rights in relation to his children is a forced measure. It is used as a last resort when minors are in danger. The court takes into account the observance of the rights and interests of the child and only after that makes a fateful decision.

After a divorce (severance of civil relations), the father can exercise his rights in relation to the children. At the same time, the duration of separation and participation in the upbringing of a minor do not matter.

Read also: Family kindergarten: for families with many children, how to organize it, in Moscow

Conclusion

Thus, the father of the child has the same rights in relation to the minor as his mother. However, to use them, it will be necessary to establish a relationship between the baby and the man.

This procedure becomes more complicated when the spouses do not want to register their relationship legally. The procedure can be carried out by agreement of the parties in the registry office or through the court.

In the latter case, the father needs to collect evidence and undergo a DNA test to establish paternity.

Source: https://semyahelp.ru/semejnoe-pravo/brak/imeet-li-prava-otets-na-rebenka-v-grazhdanskom-brake

The rights of a father to a child in a civil marriage in 2019: Family Code of the Russian Federation

Civil marriage is often confused with cohabitation, when a couple does not register their marital relationship on an official basis. In fact, cohabitation is called an unregistered, de facto marriage, and civil marriage is a marriage officially registered in the registry office. Thus, the rights of a father to a child in a civil marriage in Russia are standard.

Basic information

Parents not only have the right, but also the obligation to educate their children, as well as take care of their health and development. The mother and father have a priority personal right to raise their child over other people.

They have the right to choose a school for their child, ensure that they receive basic general education, and create conditions for educational activities.

Parents do not have the right to carry out actions that are contrary to the legitimate interests of their children. The main concern of adults is to ensure the interests of minors.

If spouses divorce, the estranged parent has new rights.

A man's rights to a child with established paternity

The Family Code of the Russian Federation establishes the following categories of rights of a man to a minor after the dissolution of a marital union.

Right to communicate with a child

When a parent lives separately from a minor child, he has the right to communicate with him, but the father must have full parental rights. The ex-wife has no right to prevent communication with the child, as this is contrary to the law.

The best way to determine the characteristics of communication between a father and a child is to draw up a voluntary agreement in writing. It is not necessary to have the agreement certified by an employee of a notary agency.

The text of the document contains the following information:

• the time when the father will communicate with the child, including holidays;
• addresses for meetings between father and child - on neutral territory (in a cafe or park), in the apartment of the mother or man;
• additional persons who are entitled to attend such meetings (for example, grandparents on the child’s father’s side).

Practice shows that after a divorce, not all couples are able to come to a common conclusion about communication between the father and the child, since drawing up an agreement requires the need to negotiate with the other party. In this case, legal proceedings will need to be initiated.

A man has the right to participate in the upbringing of his child and protect their interests. This right includes the opportunity to collect information about a minor child from a child care or school institution, lyceum, or boarding school.

Representatives of the educational institution are required to provide the man with the following information:

1. the child’s academic performance – mastery of the program obtained in certain assessment subjects;
2. child's behavior;
3. problems related to the behavior of a minor child and his academic performance.

The administration of an educational institution cannot hide information about the child from either the father or the mother. Employees are required to provide all requested information to the parent, either verbally or in writing. It is not important whether the parents are in a registered marital union.

If the administration refuses to provide the father with information about his child, then he has the right to file a claim and send it to the court at the address of the institution. Those responsible will be punished accordingly.

The right to allow a child to travel abroad

The father has the right to allow the mother to take the minor child abroad or to prohibit her from doing so.

The father's consent must be in writing and certified by an employee of a notary agency.

A man submits an application for permission or prohibition to travel abroad independently to the local FMS office at his residence address, to the Russian Consulate or to the border control department.

If the father has prohibited the mother from taking the child out, then she has the right to initiate legal proceedings with a request to deprive the refusal of legal force. If, for example, a child needs urgent treatment abroad, then the court is highly likely to accommodate her.

To travel abroad with a child, a mother will need to have 3 documents with her:

• the man’s consent, certified by an employee of a notary agency;
• birth certificate of a child;
• divorce certificate.

The right to go to court and protect parental rights

If a woman or her relatives prohibit a man from seeing his child, then he has the right to file a lawsuit and request to establish a procedure for meetings and communication with the minor child.

The claim will require the following information:

1. name of the court;
2. Full name of the plaintiff and defendant without abbreviations;
3. features of a man’s communication with his child, as well as addresses, dates, duration of meetings that the father considers acceptable;
4. signature of the applicant, date of application to the court.

When making a decision, the court takes into account many factors, and one of the main ones is age. If the baby is very small, the father will not receive permission to take him on vacation. In this case, the most a man can count on is hour-long meetings a couple of times a week at the woman’s address.

If the child is already 10 years old, the court will take into account his own opinion. The older the minor child, the more opportunities a man has regarding meetings and communication with the child.

Additional rights

In addition, a man has the following rights:

• give the baby your last name;
• deprive a woman of parental rights.

The mother risks losing parental rights in the following situations:

1. child abuse;
2. evasion of one’s obligations to raise and provide financial support for a child;
3. refusal to remove a child from the organization in the absence of compelling reasons;
4. abuse of parental rights;
5. severe dependence on alcohol and drugs, which poses a threat to the safety of a minor child;
6. intentional commission of a crime against a child and close relatives.

For the same reasons, the child’s mother has the right to deprive his father of parental rights.

To prove the need to deprive parental rights, the interested party will need to file a lawsuit and provide the following evidence:

• witness testimony - a description of current life circumstances from relatives, people living in the neighborhood, employees of an educational institution;
• documents: certificates from medical institutions, conclusions of child psychologists, neurologists and psychiatrists, a certificate from the PND about the mother’s registration, a certificate from the FSSP about the mother’s evasion of financial obligations to pay child support.

Download a sample statement of claim for deprivation of parental rights

Father's rights upon death of the child's mother

If a man’s ex-wife has died and paternity has been established, then the parent has the following rights:

1. living in the same area with a minor child;
2. representing the interests of your child;
3. managing the property of a minor in the interests of the child (if he received an inheritance from his mother that requires management to preserve the value of the property);
4. taking full part in the upbringing of a minor child.

If the fact of paternity has not been established, then the man will need to designate the child as the recipient of the inheritance under the will - a minor child is not able to inherit by law.

Father's rights to a child in an unregistered marriage

The legislation establishes the following fact: the rights of a father to a child both in an official marriage and in cohabitation are the same, however, this requires a certificate of paternity determination. The fact of a family relationship between a child and a man can be established on a voluntary basis or compulsorily, through the court.

Voluntary establishment of paternity

If children were born out of wedlock, the parents will need to submit an application to the registry office to establish paternity. This can be done before the baby is born or within 1 month from the date of his birth - before the corresponding certificate is issued.

The father has the right to submit an application to the registry office unilaterally in the following situations:

• the woman died;
• the child’s mother has lost her legal capacity or parental rights;
• the woman has gone missing.

Download a sample application form for establishing paternity through the registry office ( form No. 12)

When submitting an application unilaterally, a man will first need to obtain consent from guardianship officials.

Establishing paternity through court

If a woman refuses to recognize her partner as the father of the baby, and after separation prevents them from meeting, then the man, if he wants to establish paternity, will need to file a statement of claim and seek help from the court.

Download a sample statement of claim to establish paternity and collect alimony

It will also be necessary to initiate legal proceedings in the event that employees of the guardianship authorities, in the event of the disappearance of the mother, her death or loss of legal capacity for some reason, refuse to issue permission to establish paternity at the registry office.

A DNA paternity test is the most indisputable proof of the presence of family ties between a man and a child. In this case, the court independently determines which institution the father should contact. If the parent chooses a clinic at his own discretion, the court will not take the results of the test into account.

To conduct an examination, you can use blood, hair, a cut of a nail, or a smear of the mucous membrane inside the cheek. The analysis is extremely accurate: if the results show 0%, then the child was not conceived from the applicant, 99% - the man is the father of the minor child.

It is also possible to provide additional evidence of paternity - for example, photo and video recordings, correspondence, printouts of SMS messages, and witness testimony. But all this evidence will be secondary, since the most reliable way to establish paternity is a DNA test.

Let's sum it up

Thus, a man’s rights to a child in an official, civil marriage are standard. They include the right to participate in the education and upbringing of a child, and to receive information about him from educational institutions.

A man also has the right to prohibit a mother from taking a minor child abroad - however, in this situation, a woman has the opportunity to go to court and challenge this refusal if there are compelling circumstances.

In the case of cohabitation, everything depends on whether paternity was established before the man and woman separated.

If there is a certificate of paternity, a man has the same rights as a parent after the dissolution of an officially registered marital union.

If paternity has not been established, then the parent has the right to go to court and prove the fact that he is the baby’s natural father.

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Source: https://pravovoiexpert.ru/brak/prava-otca-na-rebenka-grazhdanskom-brake/