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The rights of the child in case of divorce of parents to residence, living space and property
The child’s rights in divorce are clearly defined by the Russian family code. Let’s take a look at all legal groups.
The right to reside on the living space
According to the law, the baby can live on the territory of one of the parents. If they cannot agree, this issue is decided by the court.
The rights of the child in divorce are regulated by law
Many factors are taken into account. First of all, the wishes of the child himself, as well as his affection for his father or mother. In addition, they can take into account the relationship of the baby with sisters and brothers, his age, the moral qualities of his father and mother, etc.
After the divorce, everything that the father and mother own is divided in half. However, most of it can be woken up to whoever the child stays with.
Also, a child has the right to own and dispose of his personal belongings, that is, what he received as a gift, inherited or bought with his own money, since any teenager over 14 years old can work in light work in his free time from school.
Quarrels between mom and dad should not lead to the fact that the child will not be able to communicate with one of them. To prevent this from happening, the rights of the child are protected by law. Ideally, by mutual agreement of mom and dad, a formal agreement is made that spells out how much time the child spends with each of them. All the nuances can be spelled out there, for example, what holidays the baby is spending with whom, where the meetings should take place and who can attend them.
If mom or dad does not allow to see the baby, you can contact the guardianship and guardianship authority. Please note that even grandparents and other close relatives of the child can apply there, because the baby also has the right to communicate with them.
The parent, with whom the child lives after the divorce, receives alimony from the second. They are stipulated in the relevant agreement or awarded by the court. The following alimony is awarded according to the standard scheme:
- for one child – a quarter of the salary;
- for two children – a third of the salary;
- for three or more children – half the salary.
This amount can be changed up or down by mutual agreement. It can also be fixed. The father or mother is obliged to pay child support, otherwise they will be collected by the court. Malicious failure to pay alimony leads to criminal liability.
Ensuring all the rights of the child falls on the shoulders of the father and mother after their separation. Protection of rights can be carried out in court.