The rights of the child's father after a divorce, and what to do if they are violated. Legal Services Bureau

Exactly the same as the rights of a mother. All the positive aspects of our judicial practice are based on this postulate. Each of the spouses is free to choose their occupation, profession, place of stay and residence. Issues of motherhood, paternity, upbringing, education of children and other issues of family life are resolved by spouses jointly based on the principle of equality of spouses. Spouses are obliged to build their family relationships on the basis of mutual respect and mutual assistance, promote the well-being and strengthening of the family, and take care of the well-being and development of their children. According to the law, it does not matter whether the child's parents are married or not. So the argument that mothers often give - that he didn’t take me as his wife, means he abandoned the child - has no legal significance in disputes about children. Moreover, it is often women who are in no hurry to go to the registry office. The same applies if the father and mother divorced.

They are not associated with the dissolution of marriage, since they appear at the moment of birth and end at the moment the child comes of age.

Reliable assistance in court. Call:

8 /495/ 580-60-31

8 /915/ 136-15-33

They are expressed as follows: communication with the child, participation in his upbringing, resolving issues about the child’s education, obtaining information about his child from educational institutions, medical institutions, social welfare institutions and similar organizations. What to do if the father’s rights to the child are violated? Some advise first trying to come to an agreement with the child’s mother, going to the guardianship authorities with a complaint, etc. However, all of the above is elementary red tape that does not lead to a solution to the problem, firstly (if you could agree, you would not read the relevant sections on the Internet) and secondly, has no procedural significance. That is, it is better to conduct out-of-court correspondence in parallel with filing the corresponding statement of claim in court, especially since the position of the guardianship authorities is unambiguous - everything to the court.

But it is necessary to prepare for the trial, and very quickly. This is what a lawyer should do.

Main categories of disputes

On the pages of the site you can find the plots of the most informative cases. Below are the main categories of disputes over the rights of fathers to children, which we practice and, moreover, quite effectively.

• - disputes that arise around the principles of raising children, their education, when choosing educational institutions, etc.
• and - the most difficult category of disputes, especially in cases where the father lives separately from the children and at the initial moment of the dispute does not even have the opportunity to communicate with them.
• - these are the rights of the real father, who, for one reason or another, is not included in the child’s birth certificate or who, for one reason or another, is removed by the mother from participating in raising the child in favor of the stepfather.
• - judicial recognition of the child’s father as such, both against the mother’s wishes and in accordance with such a wish.
• - a set of rights of the child’s father, which he can exercise in parallel with the dissolution of the marriage or after its dissolution, but before the court decision enters into legal force.
• - the set of rights of the child’s father after divorce and the entry into force of a court decision on divorce.
• - a category of disputes when the starting position is a situation in which the father cannot even meet with his children.
• for communication with the father - a category of disputes, the purpose of which is to bring the mother to an understanding of the father’s rights to raise the child and to communicate with him.
• - judicial determination of days, time periods and places of communication between parents and their children when living separately.
• - judicial determination of days, time periods and places of communication between fathers and their children when living separately.
• - disputes related to the violation of the previously established order of communication between fathers and their children.

Today we will look at the rights of a father to a child after a divorce. What should and can a father do with his minor wards after registering a divorce from his wife? How are family relations regulated in this case? What and under what circumstances should you be wary? We will try to understand all this and more below.

About the rights of a parent

All rights and obligations of parents and children are prescribed in the Family Code of the Russian Federation. Let's consider the key points regarding divorce and further relationships in a social unit in the presence of minors.

Parental rights arise after the birth of the baby. For fathers, they arise when paternity is recognized. Otherwise, it will not be possible to realize the rights and bear responsibility for natural children.

Termination of parental rights can be carried out:

• naturally (upon reaching the age of full legal capacity);
• through the court (in case of emancipation or default).

Many people are interested in a father’s rights to a child after a divorce. What to expect? What opportunities will be unavailable to a man? What should you be afraid of in this or that case?

Divorce and rights

What does the Family Code say about this? Children after a divorce, as a rule, remain with one of the parents, but we’ll talk about this later. First, let's find out how divorce affects parental authority.

According to the law - no way. Divorce is a process that in no way affects the children. Mom and dad will have the same rights and responsibilities regarding their minors.

Unfortunately, in practice things are different. Often, fathers do not fulfill parental responsibilities, but try to extort the rights established by law for their children. Below we will consider the most important aspects of the topic being studied.

Briefly about rights

The father's rights to the child after a divorce will be the same by law as the mother's. This means dad is staying

He has the right:

• choose educational institutions that the child will attend;
• receive information about the health status of minors;
• count on financial assistance from adult children;
• allow or prohibit travel outside the country;
• protect and represent children's interests in various organizations;
• live together with the child (usually this issue is resolved in court);
• receive financial assistance from your ex-wife if children do not live with her;
• participate in raising children.

As practice shows, parental rights after the termination of a marital relationship are often violated or they are regulated by peace agreements or the court.

Determination of place of residence

The place of residence of a child after a divorce is usually determined through the court. In this regard, father and mother have the same rights.

Any family lawyer will tell you that the court usually protects the interests of women. It is with them that children are left. Fathers can “take away” minors from their ex-wives if:

• the spouse is immoral;
• the ex-wife is declared incompetent or has mental illness;
• communication with mother is dangerous for children;
• the ex-wife is unable to provide the children with an adequate standard of living.

In real life, even mothers with alcohol addiction are given time to improve. Therefore, we will assume that the right to determine the place of residence of children with their father exists by law, but it can be realized in isolated cases. Indeed, when 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.

Communication with a child

Communication between a father and his child after a divorce is another right that men often remember when it is beneficial for them.

The procedure for communicating with the second parent (with whom the children do not live on a permanent basis) is usually determined in court. If the spouses can agree, it is better for them to enter into a peace agreement.

When determining the order of communication, the minor’s father will be informed:

• when can you visit your child?
• on whose territory communication can take place;
• under what conditions is it permissible to take a child to your place for an overnight stay?

Important: usually small children are not given to their father for overnight stays, and communication with the children is carried out in the presence of the ex-wife.

Children's surname and divorce

A child's surname can be changed after a divorce, but only with the consent of the father. Accordingly, if dad is against it, mom will have to come to terms with the fact that her children will keep the “old” surname.

There are circumstances that do not require the father's consent to change the child's personal data. For example, these include:

• deprivation of father's parental rights;
• availability of a court decision allowing adjustments to be made to the child’s personal data.

Important: courts rarely refuse to allow mothers to change their child’s last name to their own. Therefore, the described right of the father is often easily circumvented and ignored.

Trips

The next point is the father’s consent for the child to travel abroad. It causes a lot of trouble for mothers whose children want to travel around the world.

The point is that until both parents agree to travel outside the Russian Federation, the child cannot be sent to another country. But here too there are some nuances.

For example, it is not always necessary for ex-wives to obtain consent to take their child abroad. If a child travels as a tourist, you can do without paternal approval.

Moreover, the ban must have grounds. Any family lawyer will warn that the child’s mother can obtain permission to leave the country through the court. Especially if:

• the ban infringes on the interests of the child;
• refusal of permission affects the child’s right to rest.

As practice shows, mothers ask whether the ex-husband agrees to take the child outside the Russian Federation if:

• planning to move for permanent residence;
• I want to leave Russia with my child for a long time.

Important: if the father, with whom the children do not live, decides to secretly take the minors somewhere, this act can be regarded as kidnapping with all the ensuing consequences.

Parenting and fathers

The next right of a father who has left the family is to participate in raising the child. After a divorce, the father can raise the minor as he sees fit. It is advisable to coordinate educational issues with the child’s mother.

Participation in raising children should not violate other laws of the Russian Federation. Must be taken into account 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.

Obtaining information about the child

The rights of a father to a child after a divorce in Russia are somewhat limited. According to the law, parental powers are equal, but in reality the court most often comes to the protection of mothers. This is normal judicial practice, which should not be surprising.

By law, dads can receive information about their children from various institutions. For example:

• academic performance data;
• certificates about the child’s health status;
• conduct a discussion of problems arising in certain institutions.

No one has the right to refuse the dad to provide relevant information. The exception is situations with limited/complete deprivation of parental authority.

Alimony

Alimony raises quite a few questions. They are due to the parent with whom the children will live. Let's assume that this is the mother.

In such circumstances, child support after a divorce is paid by the father in the established amounts. For example, in the form of fixed payments or percentages of salaries.

Here are the minimums you can aim for:

• 25% of monthly earnings - 1 child;
• 33% - if there are 2 children;
• 50% - if the child support provider has 3 or more children.

A man has the right to reduce or increase (which is rare) alimony. Usually, to do this, you need to go to court and prove the difficult financial situation of the father, which arose not through his fault.

If the ex-spouse suspects that alimony is being spent for other purposes, he has the right to demand checks from the ex-spouse and transfer 50% of the alimony payments to the minor’s account.

Important: alimony is not a right, but an obligation. Failure to pay them can lead to serious consequences.

About responsibilities

We sorted out the rights. What about responsibilities? After all, the father cannot use his rights. If he refuses parental obligations, he will not be able to count on protecting his interests as the father of a minor.

Among the responsibilities of a father after a divorce are the following:

• provide for children (payment of alimony);
• participate in education and development;
• take care of the child’s health;
• protect the interests and freedoms of the minor;
• provide for the mother of the children during maternity leave;
• ensure that the child receives a secondary education.

If the duties are not fulfilled (for example, the father has a child support debt, categorically evades the maintenance of the children, but insists on meeting with them), you can go to court for deprivation of parental rights.

Life is unpredictable. And often fatherly behavior after a husband and wife break up their relationship leaves much to be desired. Fathers often, through their actions, without meaning to, achieve violation of their own rights and even deprivation of parental authority.

Here are some tips to give to the “Sunday Dad”:

1. When communicating with a child, do not turn him against his mother. Such harassment may be regarded as slander. It is prohibited by law. If the mother proves that the father is “cheating” on minors, the father will be deprived of the opportunity to communicate with the children or will be allowed to do so only in the presence of his ex-wife.
2. You shouldn’t think about settling scores with your ex-wife and doing something to spite her. During the divorce process and after it, you will have to put the interests of the child first.
3. Quarrels and scandals in the presence of minors are unacceptable. Using a child as a means of manipulating the mother is not the best (and illegal) solution.
4. It is recommended to accept the “rules of the game” of the mother of the children. Often, the order of communication between a father and a child on the terms of his ex-wife is regarded by men as a violation of their rights. Actually this is not true. And the court will often force dad to accept the terms of communication put forward by mom.
5. Participation in the life of a child should be real, not formal. At the same time, there is no need to fulfill all the whims of minors out of guilt for a broken family.
6. Mother's instructions cannot be ignored, especially if they relate to the moral education or health of children.

Important: when communicating with a child, you should not leave him with relatives - grandparents, and so on. Such an action may lead to deprivation of parental rights.

About the peace agreement

In order to resolve issues related to the father’s rights to the child after a divorce as gently as possible, spouses are recommended to go to a notary and conclude a peace agreement.

They usually indicate:

• place of residence of the children and the parent with whom they will live;
• meeting schedule with all the nuances;
• alimony that the man will pay.

This approach is used extremely rarely. Few people will yield to their spouse in certain matters.

Deprivation of rights

If dad does not fulfill the responsibilities of a parent, he may be deprived of parental authority. This is not difficult to do with some preparation. Such issues are resolved exclusively by appealing to the judicial authorities.

Deprivation of parental rights is possible if:

• the father violates the rights of the child;
• the man committed a crime against the mother of a minor or children;
• a person threatens, to one degree or another, his ex-wife and her relatives (take the children, kill, and so on);
• communication with the father is not beneficial for minors (including danger);
• the man was declared incompetent;
• dad exceeds parental authority;
• it has been proven that a man “twists” children against their mother;
• the father does not fulfill his legal duties.

Most often, failure to pay child support becomes a valid reason for deprivation of parental rights. This is a last resort. Achieving restoration of parental rights in Russia is problematic.

Important: deprivation of parental authority does not relieve one from the responsibility to provide for minors.

According to the Family Code, parents are responsible for supporting their minor children. And even a divorce does not mean that one of the parents can shirk their responsibilities.

In our society, the practice has developed that in the event of a divorce, the child most often remains with the mother. Many fathers after divorce claim their rights, for example, to see their children and participate in their upbringing. But there are also responsibilities of the father after a divorce, and all of them are enshrined in law.

Child support

It is widely known that the father has a duty to pay alimony to the mother for the maintenance of the children after the divorce. There are two options for paying alimony:

• by voluntary agreement;
• By the tribunal's decision.

In the first case, the former spouses enter into an agreement in which they specify how much the child will receive until he reaches adulthood. If he has reached 14 years of age, he enters into such an agreement independently.

The amount of child support payments may be fixed if the father:

• does not have a permanent place of work;
• is an individual entrepreneur;
• receives income not through salary, but through other means (for example, through fees, royalties or through investment activities).

In other cases, it is stipulated that the father pays a certain percentage of his salary depending on the number of children:

• for one - 25%;
• for two - 33%;
• for three or more - 50%.

Deductions are made by the accounting department of the enterprise where the ex-spouse works. If he changes jobs, he is obliged to notify his employer that he is paying alimony, and he is obliged to arrange payments. If the father's salary decreases, he can demand through the court to reduce the amount of alimony payments. If it has increased, the mother may require an increase in the amount of alimony. To do this, she needs to apply to the court or contact the bailiff service so that they recalculate.

The father is not released from the obligation to pay alimony, even if his ex-wife remarried after divorcing him. The obligation is not affected by whether the child needs funds. The civil capacity and ability to work of the ex-husband is also not taken into account. Minor parents bear the same obligations as adults. In short, if you are obliged to pay, you will have to pay alimony.

Refusal to pay alimony for a minor may entail not only fines and criminal liability. A negligent father who evades payment of the required amount may be deprived of parental rights.

Other cash payments

However, the father's financial responsibilities are not limited to alimony. If the ex-wife is on maternity leave, he must fully support her.

A single mother to whom her ex-husband does not make any payments may qualify for a 50 percent increase in the amount of child support. The state will provide her with these payments, but the amount of alimony payments after the divorce will automatically increase by this amount. In other words, if the father evades paying alimony, the state will collect from him in addition the amount that it paid to the woman with the minor as benefits.

By law, the father is obliged to provide his offspring with a complete secondary education. This means that if a mother has incurred significant material costs to prepare her child for school, she can file a lawsuit to compensate for part of these costs. The court may decide to order the father to pay part of the costs.

The same is provided if the child is seriously ill and requires expensive treatment, for example, surgery. And in this case, the father will have to compensate at least 50% of the mother’s monetary expenses.

So the responsibility to take care of the full physical and mental development of the child is not lost by the father even after a divorce.

It should be noted that the ex-husband is obliged to compensate for the costs only of the essentials for his offspring. For example, no one will force him to pay for an elite English language school. The extent to which payments are necessary is determined by the court.

Responsibilities of a visiting father

If no restrictions were imposed by the court, after the divorce the father retains the same rights and responsibilities that he had as a parent, namely:

1. He is obliged to take part in the upbringing of the minor. If the court does not limit the time for visiting the child, it is necessary to develop a schedule according to which the father will see his child.
2. Even after a divorce, the father retains the right to receive information about the child’s physical and mental health and academic performance. If necessary, he must supervise the learning process. For example, if he has the opportunity, he can take his son or daughter by car to additional classes.
3. He is obliged to give or not give his consent to a number of actions that are taken in relation to the child, for example, changing his surname or traveling abroad.
4. The father is obliged to provide one-time financial support to the former family if it needs it. Examples are described above.
5. And, of course, it is unacceptable for an ex-husband to turn a child against his mother, to provoke a conflict with his ex-wife, or to try to expand the sphere of his interaction with a minor against his will.

In a word, despite the kind of relationship the parents have after the divorce, the father must take an active part in the upbringing and financial support of the child until he turns 18 years old. If he continues his studies at a higher educational institution, then after graduation. The main thing is to ensure the full, harmonious development of the child.

In some cases, the court may restrict the father’s rights, for example, for immoral behavior or child abuse, or even deprive him of parental rights altogether.

Deprivation of parental rights as a last resort

If a father evades the responsibilities of raising and maintaining a child, he can be deprived of parental rights. To do this, you must contact the district or city court with a corresponding application. In the claim, indicate the facts that led to the desire to deprive the ex-husband of parental rights. Typically these include:

• , appointed by the court after the divorce (if an agreement was concluded, then the father cannot be held accountable for failure to pay alimony);
• child abuse;
• failure to fulfill responsibilities for raising a minor or, on the contrary, abuse of one’s duties;
• amoral behavior;
• alcohol or drug abuse (relevant certificates required);
• the father committing a crime against his children or ex-wife.

To successfully satisfy a claim for deprivation of parental rights, you need to collect significant evidence. Only one of the listed circumstances usually does not serve as a basis for such a procedure. It is necessary to prove that the child’s father systematically violated his duties and this led to irreversible consequences.

The court will first of all take into account the interests of the minor, and only then the parents. If he considers that the presence of the father is necessary for raising the child, he may not deprive the parent of his rights, but simply limit his rights.

The court will not make a decision on deprivation of parental rights if the father’s failure to fulfill his duties was caused by a combination of difficult life circumstances. By the way, disability or job loss are not considered such circumstances. If the father has been granted disability, money to support the child will be withheld from his pension.

Responsibilities of a father after deprivation of parental rights

The obligation to provide financial support for a son or daughter does not disappear even after deprivation of parental rights. In other words, the father continues to pay child support even if he has been deprived of parental rights in court. At the same time, he is released from performing other duties, since he is no longer responsible for the development of the child.

If the basis for the claim for deprivation of rights was malicious evasion of alimony, the bailiffs will oblige the parent to pay the debt in full along with penalties, and will also calculate a new amount of alimony. Usually, for those deprived of parental rights, it is indicated in hard cash.

Deprivation of parental rights implies the acquisition of a number of new rights from the mother:

• she can travel abroad with the child without the father’s permission;
• father's approval is no longer required for transactions involving a child aged 14 to 18;
• the father loses the right to pay child support for his own maintenance in old age;
• You can change a child’s personal data without his written consent;
• the procedure for adopting a child by a stepfather is simplified;
• the mother can completely legally prohibit the father from seeing the child and participating in his upbringing.

Thus, after deprivation of parental rights, the father retains only one obligation - to provide for the child financially. He is deprived of all the rest.

Divorce ends the marital relationship, but does not affect the fulfillment of parental obligations and does not limit the capabilities of each spouse. Both of them have equal rights and responsibilities for the child after a divorce, regardless of who the minor remains with.

What rights does a father have to a child after a divorce?

The rights and responsibilities of parents in relation to their children are regulated by Chapter 12 of the Family Code of the Russian Federation. According to them, both mother and father:

• are obliged to ensure the upbringing and spiritual development of children - this implies communication, the creation of certain priorities, the formation of values;
• must provide general education - this can be done through educational institutions or through home education, the priority right of parents to educate their children is prescribed;
• ensure the protection of the rights and interests of minors.

The rights of a father in relation to a minor child after a divorce can only be limited by a court decision (the basic rights and obligations of spouses, even former spouses, in this case are the same). Such a decision is made based on the interests of the minor, provided that the parent’s communication or influence poses a threat to his physical or mental health. As a last resort, a decision is made to deprive the father of parental rights.

With regard to cohabitation, the rights of parents to a child after divorce are equivalent. The parties can agree among themselves on this issue or the corresponding decision will be made by the court. Residence is the only restriction under which a father or mother can lose certain of their rights.

When making a decision, the court takes into account the interests of the minor. The financial situation is taken into account, as well as affection, relationships with both parents and relatives, and the ability to maintain a familiar atmosphere. Under certain conditions, the father may insist that the child remain with him.

The specifics of the relationship between spouses after divorce also adds the following to a father living separately: rights:

• consent to leave the country - this is required if the minor is traveling without his mother or both are leaving for permanent residence;
• change of surname - it is not allowed without the consent of the father;
• obtaining information - the father has the right to receive information about the health, development and education of the minor both from his ex-wife and from the relevant institutions.

Securing rights by mutual consent of spouses

If there are minor children, divorce is carried out only through court:

• world– if the parties have reached full agreement or there are minor property disputes within 50 thousand rubles;
• district– if there are disagreements on certain issues or one of the parties does not agree to divorce at all.

Mutual agreement on the upbringing and communication with children after a divorce is recommended to be secured by a notary. Such a document is not only drawn up in accordance with legal norms, but also imposes certain rights and obligations, evasion of which entails liability.

Agreement on children in case of divorce is compiled taking into account the following aspects:

• further residence of minors - the parties agree with whom the child will remain;
• meetings and communication - restriction of the rights of one of the parties is not allowed, however, by mutual agreement, spending time with the father can be regulated;
• the maintenance of a minor after a divorce is prescribed - alimony from the father, the procedure for paying it, the amount.

If there is an agreement, the parties may include in the document any other provisions based on the rights and interests of the minor. The contract itself is drawn up in any form in compliance with legal writing standards. After notarization, it is presented to the court as a compromise between the father and mother on this issue.

Going to court

The father has the right to go to court and petition for the child to remain with him after the divorce. Such communication must be supported by significant reasons, among which:

• affection of a minor, closer relationship with the father and his relatives;
• mother’s employment, frequent absence from home due to business trips or other circumstances;
• material support - this factor is not fundamental, but also influences the decision;
• living conditions - the corresponding conclusion is made by the guardianship and trusteeship service;
• maintaining familiar surroundings.

Regarding the last point, it should be understood that moving a minor to another city, changing an educational institution, changing social circles - all this negatively affects development. Based on this aspect, the court is attentive to the possibility of maintaining the current conditions.

The right to a child after a divorce belongs to both parents equally. Exceptions are court decisions to limit such or deprive parental rights.

In the absence of restrictions, both parents can petition the court about their desire to keep the children. However, such an appeal must not only be supported by appropriate grounds. The court pays attention to the interests and opinions of minors, opportunities for their development and minimizing damage from divorce. The personal qualities of the father and mother are also taken into account.

How often can a father see his child after a divorce?

The right of a spouse to communicate with a child can only be limited by a court decision. In other situations, the father can see him without restrictions. The corresponding instruction is given by Article 66 of the RF IC.

It is indicated that a father living separately retains his rights to participate in the upbringing, communication and education of a minor. The spouse cannot prevent their implementation if they do not cause physical or mental harm.

An agreement between spouses on communication with children allows them to regulate their communication with their father and mother. If the parties do not reach such an agreement, the appropriate decision is made by the court. In both cases, the decision on the rights of parents is based on the convenience of the spouses and the child himself.

What to do if your wife does not allow you to see your child?

If the wife does not allow her to see the child after a divorce, then in accordance with the provisions Article 66 of the RF IC the father has the right to go to court. Guardianship authorities also participate in such paperwork.

The court considers the situation and the reasons why one of the spouses created obstacles to communication with the minor. A decision is made to create a routine within which further communication takes place. In case of violation of the court order, a decision may be made to hand over the child to the father.

Deprivation of parental rights of father

A father may be deprived of his rights to a minor child after divorce in accordance with the following rules: reasons:

• refusal and evasion of alimony payments;
• absence of valid reasons for refusing to pick up a child from a social, medical, educational or other institution;
• failure to fulfill obligations to raise a minor;
• abuse of parental rights, causing physical or mental harm, obstruction of education and development;
• father's alcohol or drug addiction;
• crime against the minor himself or other family members.

Deprivation of the father's rights is an extreme measure, implying the abolition of parental rights and the imposition of obligations only to pay child support. Such a decision is made by the court on the basis of compelling reasons; in other cases, measures are taken to limit parental rights.

The most unpleasant moment when spouses divorce is the need for one of them to live separately from their own child.

Children most often remain with their mother, and the father has to live with them at a distance. But this does not mean that the father should stop communicating with them.

The rights of a father to a child after a divorce are enshrined in Russian legislation and allow a man to continue communication with his son or daughter and actively participate in their upbringing.

It’s great when parents are reasonable people and understand that children need dad and mom.

In this case, no problems arise with organizing communication with children.

Parents often forget that there are no former fathers and mothers.

Therefore, most often, divorce is accompanied by disputes about children and the order of communication with them.

Drawing up an agreement

When deciding to divorce, parents must first think about ensuring psychological comfort for their children. The ideal option if it is impossible to reach an agreement without drawing up any papers is to draw up an agreement on children in a divorce. This norm is enshrined in Article 65 of the RF IC, obliging parents to draw up this document.

This method is acceptable when both parents agree to sign the document without the participation of the court.

An agreement on children is a bilateral agreement between spouses, drawn up in two copies and signed by them. The right step would also be to have the agreement certified by a notary.

The contract should not infringe on the rights of each parent. It can specify any aspects and opportunities for communication with children: living arrangements, visiting schedules, recreation arrangements, financial support procedures, etc.

There are standard forms of agreements that parents, by mutual consent, can change to include any reasonable clauses.

Disputes in court

If it is impossible to draw up an agreement peacefully, disputes about children are resolved with the participation of the judiciary.

Such disputes are varied and relate to the following issues:

• Place of residence of children.
• Organization of education.
• Determining the order of communication with the child.

Such cases fall under the jurisdiction of the Federal Court of the city or district. Claims regarding the interests and rights of children are not subject to state duty. Children over 10 years of age can participate in court hearings; their wishes can be taken into account by the court. Children over 14 years of age are required to participate in the meeting. The opinion of children of this age is fundamental in making a court decision.

• Age of the minor.
• The attachment of a minor to each of the parents.
• Relationships of the minor with other family members.
• Availability of conditions for parents to organize the life and upbringing of a child.
• The moral character of each parent.

The characteristics of these conditions are represented by both parents, regardless of which of them initiated the lawsuit. At the same time, the second party can challenge the evidence presented by the opponent.

In addition to the issue of place of residence, at the same meeting the issue of the order of communication between the child and the other parent is decided.

If the parents have decided on the place of residence of the minor independently, but cannot agree on the organization of communication with him by the second parent, this will be the subject of the claim.

Often such claims are filed by the father if the mother prohibits him from communicating with the child. provides both parents with equal rights to communicate and raise children after a divorce.

All trials regarding claims related to the division of children are held with the participation of guardianship authorities. These bodies provide support to parents and protect the rights of each of them.

If the mother creates obstacles to the father’s communication with the child, even when the schedule is determined by the court, the guardianship authorities also help eliminate them.

Can the father pick up the child?

Cases when the court decides to leave children with their father are quite rare, but still these precedents exist.

Most often, this is only possible if the mother does not work or leads a lifestyle inappropriate to moral standards.

There are cases when the court makes such a decision at the request of the child from the age of 14. The opinion of a minor aged 10 to 14 is taken into account by the court, but is decisive (Article 57 of the Criminal Code).

Because at this age he is still quite suggestible and cannot make decisions based on his opinion.

If, after the court has decided to leave the child to live with the mother, the father believes that she has behaved inappropriately, he can file a second lawsuit. First, he needs to collect the necessary evidence that, while living with his mother, the child does not receive everything necessary for living and development while living with his mother.

When starting disputes about children after a divorce, parents need to think not about their own ambitions, but about the interests of the child himself. First of all, he must live in a comfortable environment, and primarily psychological.

Fathers' rights to children after divorce

What rights does a biological father have over a child?

The rights of both parents in relation to the child are not lost in the event of divorce.

A father who does not live with the child may demand:

1. Access to information about him. The father can receive information from an educational or medical institution. State authorities can refuse to provide it only if there is a threat to the life and health of the child.
2. Unhindered communication. If the mother restricts access to the child at any time, it is necessary to draw up a schedule for the father to visit the child and the procedure for organizing their communication
3. Restrictions or permissions for mothers to take their children abroad. Controlling the movement of children both within the country and abroad is the inalienable right of the father. Permission is required if travel is for permanent residence or without the accompaniment of a second parent. You do not need to obtain your father's permission for a short-term tourist trip.
4. Possibility to give permission or impose a ban on changing the child’s surname. You can change the surname of children without the consent of the father only if the following circumstances exist (Article 131 of the Code of Civil Procedure):

• his whereabouts are unknown;
• he is declared incompetent;
• deprived of parental rights;
• due to the limitation of the father's rights.

There are conditions under which a father may have limited rights in relation to his children. They occur in the following cases:

• Failure to fulfill obligations to provide financial support for a child.
• Alcohol abuse or drug use.
• Abuse of rights.
• Cruelty to a minor.
• Committing a deliberate crime causing damage to human life or health.

All these conditions are grounds for complete deprivation of parental rights. The decision is made through the court, and from the moment it is made, the father loses all rights in relation to his children.

In addition, restriction of the father’s rights is possible if communication with him negatively affects the condition of the minor, both psychologically and physically.

In this case, the father can no longer communicate freely with the child at any time. Their meetings take place in the presence of the mother and for a time set by her, in a place determined by the court. At the same time, the father retains the responsibility to provide financial support for the child.

Responsibilities of fathers when communicating with children

A wise father will never change his style of communication with his child after a divorce from his mother.

Divorce is extremely stressful for a child at any age, and it is extremely undesirable to aggravate it through incorrect communication.

In order not to cause additional psychological suffering to the child, the father must follow some rules when communicating with him:

1. Do not turn the child against the mother and do not speak negatively about her behavior in the presence of the child.
2. Do not turn the child into a “spy”, trying to extract information from him about his mother’s personal life and do not try to force him to report on her every step.
3. Children should continue to communicate with all the relatives to whom he was accustomed during the parents' marriage.
4. You should not force your child to communicate with his new wife. Subconsciously, the baby will perceive her as a possible replacement for the mother, and he may develop a fear of such an event.
5. Take an active interest in the affairs and events happening in the lives of children.
6. Offer help and give advice in difficult life situations.