"The father is not the one who gave birth, but the one who raised." That's what the people say. And yes, it's basically correct. But, unfortunately, quite often a man who wants to participate in the upbringing of a child cannot always fulfill his plan. Let's consider in the article who the biological father is, what his rights, duties, etc. After all, sometimes you need to know the rights and duties of a parent, even if he does not live next to the child.
Who is the biological father of a child: legal definition
According to the Family Law, the biological parent is the person through whom the child was conceived. In addition, a person is considered a father if at the time of the birth of the baby he was married to his mother, acknowledged paternity, or the court established kinship.
The Law also regulates artificial insemination, where dad once became a donor. However, in this case, the court cannot establish paternity, since the cells were used for artificial conception.
Acknowledgement of Paternity
He is recognized only in thatif the parent initially agrees that the child is really his and this fact is documented. Otherwise, family ties are established by DNA analysis or court. In this case, paternity is recognized by the person who is capable and only with the permission of the legal representative of the child. That is, if the mother is against DNA testing, in this case the father cannot go against her consent.
Sometimes it happens that a son or daughter is already an adult and the father decided to establish family ties. Then he needs their consent. If the mother is not alive, and the child has not reached the age of majority, you must ask for permission from the legal representative who is the guardian.
Can paternity be challenged
A man can always challenge paternity if he was previously married to his mother and admitted that he is the parent of the child. However, this can be done within a certain time. In addition, if a man wants to adopt a child, but he is registered in the name of another, then paternity can be disputed, but with the consent of the pope, who is recorded in the register or birth certificate.
If the father does not agree with the challenge and the case goes to court, in this case the decision is made only taking into account the best interests of the child. A dispute can only be filed personally by a person who does not want to be a father. If the person is not capable, then the application can be submitted by his legal representative.
When a minor child wants to challenge paternity, then he must be helped exclusivelylegal representative who is the current guardian.
How long is paternity disputed
Following the Law, paternity can be challenged within only one year, starting from the day when the parent found out some circumstances that he did not know about before. A person wishing to challenge the fact of paternity may file a claim with the court indicating the reasons and circumstances for which he does not want to be the father.
If more than one year has passed, and the application has not been filed, then after the time has elapsed, you can no longer apply to the court, since the certain period has ended.
Sometimes it happens that paternity is not challenged in time. In this case, the child may himself file a claim with the court. But only when it reaches the age of majority.
Let's say a man who wanted to challenge paternity did not have time to do so due to his death. In this case, the child of the deceased or the guardian of the heir can apply to the court, but only within a year. After the deadline has passed, there is no point in filing a claim. The court will not hear the case.
The rights of the biological father to a child in a civil marriage
Civil marriage is a fairly common union between a man and a woman. It is not necessary to stamp passports. However, when a child is born, many questions arise, especially for men. They may or may not recognize themselves as the father of the child. Depending on the conscience of the person. If a man recognized himself as a relative after a long period,then you can take up adoption to the biological father.
A woman, in turn, must understand what threatens her and her baby with a civil marriage. If the father has not acknowledged paternity, the mother may register the child with her last name. When the biological father considers himself a parent and the stamp in the passport is unimportant - excellent. You can go to the registry office and register the baby for dad.
If the father recognized the child as his, he has all the rights to raise the baby. Moreover, he is obliged to take over the main financial issues that concern the child. Especially while the woman is on maternity leave.
In addition, not only mom, but also dad should be responsible for his upbringing, education and he alth. If the parents immediately decided to register the baby with the parent, but after some time changed their mind, then they will have to deal with establishing paternity by the biological father in a legal manner, which is quite problematic to do. Therefore, it is better to think over all the nuances even before the birth of the baby.
Sometimes it happens that dad is not biological, but recognized him as his own, then there is no need to establish family ties. He simply writes the baby on himself immediately after birth. Of course, we are talking about a newborn. If the child already has a birth certificate and was originally recorded under a different surname, then the father needs to either establish paternity or take up adoption.
Rights after Divorce
The child is not guilty of parting parents. Even after a divorce, all rights remain with both parents at the same level. daddy canabandon the child only if he found out that he is not the biological father (proof is needed) or by mutual agreement with the ex-wife. For example, a wife has a man who wants to adopt a child, then dad can abandon the baby in favor of the family.
Mom has no right to limit the communication of the ex-husband with the child. Only the court, relying on the Law, can determine how often they can see each other.
Duties of a father
As mentioned above, regardless of the communication between both parents, the father has the same rights to the child as the mother. The same applies to responsibilities. So the father should:
- take part in the upbringing of the child;
- take to school, kindergarten or clubs;
- visit gaming and entertainment venues with your child (circus, cinema, game complexes);
- to develop a child with the help of museums, theaters;
- teach responsibility:
- become a friend;
- support morally;
- go to meetings;
- to educate, etc.
Perhaps it happened that the parents divorced, the father is still obliged to take part in the upbringing and maintenance of the child. All nuances should be discussed with mom. In addition, she cannot independently make a decision about the child as long as the dad is biological and has not been deprived of parental rights.
Even if the father is not biological, child support must be paid, since according todocuments passes as the second parent. May not support a child only when the baby was adopted by another man and took on all the obligations.
If parents have not found a compromise regarding the upbringing and maintenance of their common child, they can go to court for help.
Even abroad, the mother has no right to take the baby out without the consent of the second parent. First, dad must write a permission certified by a notary. Without this document, a mother with a child will not be released from the country.
When a father can lose parental rights
As a rule, no court can deprive a father of any rights to a child for fulfilling parental duties. Of course, provided that he himself does not want to refuse. However, parental rights can be easily terminated if the father:
- evades his duties;
- does not pay child support;
- refuses to educate;
- abuses his powers;
- carries out mental or physical abuse of a child;
- suffers from alcoholism or drug addiction;
- committed an intentional crime that harmed the life or he alth of a child.
When avoiding the above duties, the mother has the right to file a lawsuit to deprive the father of parental rights.
In addition, neighbors or relatives can write a police report if they see that the father treats his child badly.
Deprive of parental rights can be after the case is considered by the prosecutor, guardianship authority andguardianship. Of course, the highest authorities make a decision, taking into account the interests of the child, and not relatives. If a decision was issued to deprive parental rights, then alimony is assigned to the father in accordance with the Law. After the decision, the father has no right to take any part in the upbringing of his son or daughter.
Restoration of parental rights
Oddly enough, but you can restore parental rights. Of course, this is carried out only if the father nevertheless changed his lifestyle and began to take an active part in the upbringing of the child.
A statement of claim is written to the court for the restoration of parental rights. Of course, if the child is not quite small, his opinion will be asked and taken into account when making a decision. And the body of guardianship and guardianship will not stand aside. And now the court will make a final decision whether to satisfy the claim or to refuse the parent.
But after the child reaches a decade, only he decides whether he wants his father to take part in his upbringing or not. If he refuses, the court will not satisfy the father's claim, as the decision is made taking into account the interests of his son/daughter.
What happens after a court decision to terminate parental rights
A father who has been deprived of custody loses all authority over the child that he had before. In addition, if dad received any benefits and state benefits, they are also canceled.
Even if the father is deprived of guardianship, the child has the right to inherit, since he is allis also listed as a relative according to the documents. A son or daughter will not have any right to the property of the biological father only if they are adopted by another man.
In case of deprivation of parental rights, adoption of a child is possible only after six months from the date of the court decision.
Sometimes it happens, mom died, and dad was deprived of parental rights. Then the child is transferred to the guardianship authorities, which determine the child by appointment. Relatives also have the right to file a claim for custody of the child. Quite often, the court makes concessions to relatives and gives consent to the upbringing of the baby. Again, the interests of the injured party will be taken into account.