Single parent - what is this status and how is it secured?

If two adults decide to become parents, first of all they need to imagine what a responsibility it is to raise a child. It’s not just about maintaining, providing accessible education, clothing and shoes, but specifically about upbringing. And this is much more difficult, even emotionally, than just buying something, even the best. There are responsibilities of parents for the maintenance and upbringing of minor children. They are reflected in various legislative and regulatory documents: Family Code, Civil Code, etc. This does not mean that, having decided to become parents, it is necessary to read the main articles of the laws. But the Family Code, which contains provisions on the responsibilities of parents to support children, will be useful for everyone to know.

The essence of parental rights (responsibilities). [↑]

The right to education is the provision of both parents with the opportunity to personally raise their children. This right has priority over all other persons.

In addition, it is the responsibility of parents to ensure that their children receive basic general education (that is, 9 years of general education school); parents have the right to choose forms of education and the type of educational institution for their children. The solution to this issue requires the coordination of the actions of parents, who are obliged to be guided by the interests of the children, taking into account, if possible, their opinion.

Parents are obliged to provide assistance to the child in relations with third parties, therefore, the right to representation is legally assigned to them. “...Parents are the legal representatives of their children and act in defense of their rights and interests in relations with any individuals and legal entities, including in the courts, without special powers,” the law proclaims (Article 64 of the Family Code of the Russian Federation). However, each parent has the right to represent the rights and interests of his child, provided that he is not deprived of parental rights and has the legal capacity to perform legal actions.

By agreement of the parents (in each specific case), it is decided which parent should represent the child. The guardianship and trusteeship body resolves possible disagreements or other cases. If the guardianship and trusteeship authority determines that the interests of the parents and the child do not coincide, the parents are deprived of the right to represent the interests of the child. In such a situation, the rights and interests of the children are represented by a representative of the child specially appointed by the guardianship authority.

Parents have the right to choose methods (means and methods) of education in the exercise of parental rights, however, paragraph 1 of Art. 63 of the Family Code establishes some restrictions. The law clearly defines the purpose of education, namely, caring for the health of children, as well as their physical, mental, moral and spiritual development. It is also prohibited to perform parental responsibilities in a way that is contrary to the interests of the children. The latter imply, according to family law, providing children with a full upbringing and proper conditions for their development.

According to Art. 65 of the Family Code of the Russian Federation “... when exercising parental rights, parents do not have the right to cause harm to the physical and mental health of children, their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading treatment, insult or exploitation of children.” This provision follows from the essence of parental rights (they were discussed above), which represent not only a measure of possible, but also a measure of proper behavior. The law provides for the liability of parents who exercise parental rights to the detriment of the rights and interests of children.

Child protection by guardianship authorities

These authorities are involved in the work when it is necessary to protect the interests of the child in court, as well as if children are placed in orphanages or special institutions. In addition, they act on the side of the boy or girl when their decisive vote is needed at the Commission on Juvenile Affairs.

These institutions always protect the interests of the child only. They defend his financial, moral and other rights, for example, when depriving parents of parental rights. In such cases, disputes usually arise about where and with whom the minor will live, what part of the inheritance he will receive, how to preserve the child’s property in the event of dysfunctional parents, etc.

Legal consequences of improper exercise of parental rights. [↑]

If parents do not properly exercise their parental rights (responsibilities), adverse family legal consequences may arise; parents may be brought to civil, administrative and criminal liability.

As for family legal consequences, they boil down to deprivation or limitation of parental rights. These measures are taken by the court, primarily to protect the interests of children.

The basis for parental responsibility is inadequate supervision and poor upbringing of children. At the same time, according to Art. 1073 of the Civil Code of the Russian Federation assumes the guilt of parents in causing harm to minors: according to this law, parents (adoptive parents) or guardians are responsible for such harm, “... unless they provide compelling evidence that the harm arose not through their fault.”

Civil liability for harm caused by their children also remains with parents deprived of parental rights if the harm was caused by the child within three years after deprivation of parental rights and if the cause of the child’s behavior that led to the harm was a consequence of improper performance of parental responsibilities (Article 1075 of the Civil Code of the Russian Federation).

Parents who fail to fulfill their responsibilities for raising and educating their children, resulting in the children committing various offenses, may be held administratively liable.

Such failure to fulfill parental responsibilities as involving children in the systematic use of alcoholic beverages, intoxicants, prostitution, vagrancy or begging, or committing a crime through promises, deception, threats or in any other way entails criminal liability.

Improper performance of parental responsibilities: consequences

The consequences themselves are divided into several types depending on the seriousness of the violation of duties towards the child: civil, administrative and criminal liability.

In fact, many families are trying to fully fulfill their responsibilities for supporting and raising their children. Of course, they do this the way they see this process, the way they understand their obligations. And often it is precisely this circumstance that comes to the forefront when they are reproached for improper performance of duties towards children.

Who monitors the fulfillment of parental responsibilities?

In addition to kindergartens and schools, various law enforcement agencies and Commissions on Minors’ Affairs monitor the performance of parents’ duties. It’s good if there are vigilant citizens among neighbors or acquaintances who, seeing that children are in danger from mom and dad, notify the appropriate authorities about this.

Equality of parents in the exercise of parental rights (responsibilities). [↑]

According to the Family Code of the Russian Federation, the fundamental principle of parents in relation to their children is the principle of complete equality of both parents in all rights in their upbringing and development.

As mentioned above, issues related to the upbringing and education of children should be resolved by parents by mutual consent (Article 65 of the Family Code of the Russian Federation), based on the interests of the children and taking into account their opinions. When parents and children live together, they can usually agree on all issues of raising children. If any dispute arises, it is resolved by the guardianship and trusteeship authorities after the parents contact them.

If parents live separately, other problems arise. The main thing is which of them the child should live with. If an agreement (oral or written) between the parents is not reached, the issue is resolved only by the court (Article 65 of the Family Code of the Russian Federation).

In this case, the court, satisfying the fair demands of the disputing parties, essentially takes responsibility for the fate of the child, whose interests it is primarily guided by. When making a decision, the court leans towards the side of the parent who showed greater care for the child. Also, the personal attachment of the child to the parent plays an important role; if there are other children in the family, the court takes into account their attachment to each other. In this case, the age of the child, his state of health and other individual qualities matter.

The lifestyle and personal qualities of each parent are also considered. It is clear that a child cannot be entrusted to a father who is a drug addict or alcoholic, or to a mother who leads an immoral lifestyle.

If it turns out that the mother and father are equally worthy of raising the child, the court finds out whether they have the opportunity to properly care for the child and provide him with the proper conditions for his upbringing and development. The court takes into account the profession of each parent, their work schedule and income level. Also important is the presence of persons in the parent’s family who can provide assistance in caring for the child (grandparents, other relatives). However, living conditions and financial level are not fundamental for the court when deciding the issue of the child’s place of residence. It also does not matter in any way when resolving this issue the fact which of the parents initiated the divorce, the culprit of the breakdown of the family or discord in it.

Although the child’s desire to live with one of the parents is taken into account, it is not decisive for the court. If a child, due to his state of health, age, development, can consciously express his desire, the court must necessarily take it into account provided he reaches the age of ten. The court is obliged to hear the child’s opinion, and in case of disagreement with it, indicate the reasons in the court decision. A conversation with a child, in order to avoid the latter’s psychological trauma, is most often carried out in the absence of persons who could exert psychological pressure on the child, in an extrajudicial setting, in the presence of a teacher.

Guardianship and trusteeship authorities are called upon to assist the court in these difficult, sometimes very conflict situations. After conducting proper examinations, they submit to the court a conclusion on the merits of the dispute between the parents, which, however, is not of decisive importance for the court, although the court is obliged to take it into account. Nevertheless, the participation of these bodies in the judicial process is mandatory by law. If the opinions of the guardianship authorities and the court disagree, the latter must justify in its decision why in this case the opinion of the guardianship and trusteeship authority is not accepted by it.

Determining the child’s place of residence with one of the parents should not infringe on the rights of the other parent. Undoubtedly, the parent with whom he lives has a greater opportunity to influence the child and shape his personality. However, the child’s contacts with the other parent, as a rule, also have great educational significance. Based on this, the law provides rules for the exercise by a separately living parent of his parental rights (Article 66 of the Family Code of the Russian Federation).

A parent living separately from a child has the right to communicate with him, resolve issues related to his education, and also to participate in his upbringing. The other parent has no right to prevent him from doing this.

The law allows communication, meaning systematic and constant meetings with the child, in accordance with his age, state of health, family lifestyle, etc. Communication with a child should have educational significance and at the same time be interesting to him, bring joy, and not be a mere formality, and even more so should not cause harm to the child’s physical and mental health, his moral development. Based on this, the law provides for the right of the other parent to prohibit communication with the child, for example, to a father (mother) who is an alcoholic or drug addict.

If the parents have an adequate attitude towards raising the child, the issue of his communication with the parent living separately can be resolved in a manner acceptable to him. If desired, the latter can be established by written agreement of the parents. If the parents were unable to reach a common decision, then, at the request of both or one of them, the dispute is resolved by the court with the participation of the guardianship and trusteeship authority.

The law provides for penalties (up to 200 times the minimum wage) for a parent who ignores a court decision. In case of malicious failure to comply with a court decision, the latter, at the request of a parent living separately from the child, guided by the interests and wishes of the child, may make a decision to transfer the child to him.

Protection of parental rights. [↑]

The inalienable right of parents to personally educate their children is protected by law. In accordance with Art. 63 of the Family Code of the Russian Federation, parents are given a priority right to raise children over other persons. They, in addition, have the right to demand the return of children from any person holding the child, if there is no corresponding court decision (Article 68 of the Family Code of the Russian Federation). However, this decision cannot be in conflict with the interests of the children (if the court determines such). Otherwise, the court may refuse the parents' request to hand over the child to them.

Let's give an example.

After the divorce of his parents, the child lived with his mother and grandmother. His father's participation in his upbringing was practically absent. However, after the sudden death of the mother, the father declared his rights to the child. He sued for the transfer of his son. After reviewing the case materials, the court found out that the child actually does not know his father, but is very attached to his grandmother, in whose care he was from an early age. Taking into account these circumstances, the court came to the conclusion that depriving a child of his usual conditions, especially after the death of his mother, could cause him harm. The father's claim was not satisfied.

If the court finds that the parents (or the person with whom the child is) cannot provide proper upbringing and development, he has the right to transfer the child to the care of the guardianship and trusteeship authority with the condition of his subsequent placement in a child care institution or another family.

Let's give an example.

Considering the father's claim for the return of his two children, illegally kept by their grandmother after the death of their mother, the plaintiff's ex-wife), the court decided that the upbringing of the children could not be entrusted to either the father or the grandmother. The arguments for refusing to allow the children to live with their grandmother were her advanced age and poor health, due to which the home was kept in unsanitary conditions. The court also considered it impossible for the father to support the children due to his addiction to alcohol, which led to him selling his apartment and starting to live wherever he had to, without having a permanent job. Considering these facts, the court rejected the father’s claim, and decided to transfer the children into the care of the guardianship and trusteeship authority. The children were taken from their grandmother and placed in a children's institution.

Obligations of parents towards their children

Sometimes adults perceive their responsibilities like this: “I put on his shoes, dress him, and at the same time work three jobs, let the school, grandparents, etc. educate him, but I have no time.” This is a fundamentally wrong position, leading in most cases to connivance and to the fact that another document will be needed - the Criminal Code. It is undesirable for it to be discussed at all, either in relation to you or in relation to your children. And to do this, you need to understand that parents must fulfill all the obligations that they take on when they give birth to children. How to find out what is included in them?

There is Art. 80 of the RF IC with comments, which records all the responsibilities of father and mother not only in terms of maintenance, but also in raising their own children. Let us reveal its main provisions:

According to paragraph one of the article, parents are obliged to support their children. But how exactly they will do this depends on themselves. That is, parents can determine for themselves where, in what ways they will earn money and distribute the family budget. But it must contain a line for food, clothing and shoes for the child, for supplies that he needs for education, etc. Parents can agree on whose income will be spent on this. Or they will begin to bear a similar burden of expenses together. We must also remember that recreational and entertainment items (toys, coloring books, etc.) are also included in this list, because a child is a full-fledged person who has the right to everything that an adult has. Therefore, the phrase “I feed you, sing and put on shoes, and that’s enough for you” is often inappropriate on the part of the father or mother. And if it is a response to the bad behavior of a son or daughter, then these are already shortcomings of upbringing.

By mutual agreement, one of the parents can support the child (the other is absent at this time for any reason). But this document is notarized and, of course, has legal force.

Thus, if we hear from adults shouts that there is no money for this, that, that, and the third in relation to the child (meaning essential goods - food, clothing), then we can point out their violation of Article 80 of the Family Code of the Russian Federation .

It is important for parents to know: no one is obliged to support their children except themselves.

In accordance with paragraphs 2 and 3, if dad and mom or someone alone does not want to support their child, then they are presented with alimony. That is, such a parent is obliged to pay certain funds to his child until he comes of age (and sometimes longer). Moreover, in case of non-payment or refusal to pay, the money is taken from his income through the court.

See also:
Who does a minor child stay with after a divorce?

Another thing is that very often, when leaving the family, the father or mother does not pay child support at all or switches to “black wages” in order not to support their child. Or they are in a constant state of alcoholic intoxication, and they no longer have time for worldly concerns about their own children. But this is a matter of morality. And the court will collect alimony from them in any case.

Child support can also be assigned even if the parents live together, but one of the spouses (usually the father) does not fully support him, that is, he spends more money on his own needs. This is usually typical for situations when the baby’s mother is still on maternity leave and does not have much income, and the father believes that the child will cost little. Divorce in this situation is not necessary. That is, adults can live together and not be officially divorced. But the wife still has the right to file for spousal support from his income.

Maintenance money is paid to the child either until he is 18 years old or until he starts earning money.

If a child continues his studies after turning 18, he, of course, needs funds for living, food, and studies. Therefore, either child support continues to be paid according to a joint agreement, or one of the parents takes the one who pays the support to court. The decision, as a rule, is made positively, because what is the difference between a child under 18 and a child after 18, if he continues to study and does not have the opportunity to work?

Please note that even if for some reason the parents live separately from the child, they have every right to participate in his upbringing. The only limiter in this matter is deprivation of parental rights. True, in this case, dad and mom are still obliged to support their children, but cannot influence them in any other way.

Rights of minor parents. [↑]

The parental rights of minor parents (the law includes minor unmarried parents, and, above all, a minor mother) are enshrined for the first time in the Family Code of the Russian Federation (Article 62). By law, a minor unmarried mother is a child. Not having full civil capacity, she herself needs parental protection of her rights and interests. Taking into account the complexity of the situation, the law recognizes parental rights for a minor mother, without completely depriving her of the opportunity to raise a child and care for him, but at the same time establishes special rules for their implementation.

Regardless of age, a minor mother has the right to live with the child and take part in his upbringing. However, age determines the degree and forms of such participation.

If the mother is already 16 years old, by law she can independently exercise her parental rights; if not, then the child is assigned a guardian who is obliged to help her in the exercise of these rights. His participation is limited to assistance with child care, advice regarding parenting, etc. The child's guardian, being his legal representative, defends his interests and rights before all third parties. If disagreements arise between the child's guardian and his minor mother, each party has the right to contact the guardianship and trusteeship authorities that appointed the guardian, who resolve the issue at their own discretion.

With the consent of the child of a minor mother, one of her parents or other relatives is usually appointed as his guardian. However, assistance to a minor mother in raising a child can be provided by relatives living with her, without being officially appointed guardians, since the appointment of a guardian is not mandatory from the point of view of law.

If it is necessary to establish paternity, a minor mother has the right to submit to the civil registry office a joint application with the actual father of the child (including a minor) with a request to establish paternity (it does not matter her age or the consent (disagreement) of her parents or the child’s guardian). A minor mother has the right to apply to the court to establish paternity if the actual father refuses to do so, provided she reaches 14 years of age. The right to file such a claim in order to protect the interests of a minor mother (under 14 years of age) is vested in her parents or the child’s guardian. In the same way, the issue regarding a minor father is resolved in the event that the child’s mother refuses to submit a joint application with him to establish paternity to the registry office.