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The equality of rights of parents with respect to a child is enshrined in the Family Code. Thus, according to the Law, both the mother and the father have equal rights and duties with respect to the child, regardless of whether they were married to each other. Dissolution of marriage between the parents and their separation from the child does not affect the extent of their rights or relieve them of their obligations with respect to the child.
Equal rights of parents with regard to a child
Thus, family law proceeds from the principle of full equality of both parents – father and mother – in all rights and obligations with respect to their children. The mother and father have no advantages in the exercise of their upbringing. They are equal subjects of law in resolving disagreements over the upbringing of children.
All questions relating to the upbringing and maintenance of the child shall be solved by the parents by mutual consent, taking into account the interests and opinions of the child.
The equality of rights and obligations is that everything concerning the child shall be decided with the consent of the parents. The law defines issues in which the father and mother of the child must necessarily come to an agreement, these include:
On the determination of the child’s last name, if the mother and father have different last names;
Determination of the name of the child;
Changing the child’s last name if one of the parents changes his or her last name;
Change of the child’s registration (how to register a child without the consent of the father or mother)
Departure of a child abroad (how to travel abroad with a child without the consent of the father)
On the upbringing of the child.
Disputes between parents over the property of a minor child may be resolved through the courts with the involvement of the guardianship authority.
Failure to fulfil or inadequate fulfilment of duties to their child
If parents do not fulfil their child-rearing duties properly or in full, they may be held liable under various forms of legal liability, including administrative, criminal and family law.
Thus, the fundamental objective of the equality of rights of parents in relation to the child is the protection of the interests of the child.
Administrative responsibility arises from the parents’ evasion of their statutory duties to provide the necessary conditions for the life, education and upbringing of minor children.
But, for malicious negligence parents, the duties of care of the child, resulting in serious consequences – faces criminal liability and entails the removal of the child from the parents.
The law states that parents can be deprived of parental rights if they evade their parental responsibilities to raise their children.
For example, if the parents fail to pick up the child from the maternity home, abuse the children, are chronic alcoholics or drug addicts, resort to exploitation of the child, or force begging and vagrancy. It is also possible to deprive parents of parental rights for malicious evasion of their responsibilities to ensure that their underage children receive a full general secondary education.
Additionally, it is worth noting that since the rights and obligations of parents are equal, both the father and the mother can be deprived of parental rights or brought to other forms of liability.
