A civil marriage differs in many respects from an official one, however, at the birth of a child, the mother and father are in fact endowed with equal rights to his upbringing. If a man is not financially supportive, every effort should be made to get him to behave appropriately.
Rights to a child born in a civil marriage
If a child is born to a man and a woman living together, the father can apply for his upbringing even if there is no marriage stamp in the passport. However, this requires that he recognize the newborn child as his own. In such a situation, the father and mother must visit the registry office with passports and a certificate from the maternity hospital confirming the fact of the birth of the baby.
In the registry office, information about the parents will be entered into a special book. Also, the man will be asked, if he wishes, to draw up a statement on the transfer of his surname to the newborn. The mother of the child signs her consent to the procedure, and as a result, the child receives a patronymic and a birth certificate, where the full name of the real parent will be indicated. It is important to understand that in the future, the father will be able, on full rights, to sue the mother's full custody of his offspring if she performs her duties improperly, for example, due to illness or an asocial lifestyle.
If a man refused to acknowledge the fact of paternity or simply does not want to "bother" with the preparation of various documents, information about the father will be absent in the child's birth certificate. In such a situation, it is better to politely insist that the man nevertheless sign the papers. There may be other reasons for refusing this, for example, the roommate claims that he is not the biological father of the newborn. At present, genetic examination allows to confirm or deny this fact.
The rights and obligations of the father in relation to the child are as follows:
- upbringing and education;
- material support;
- organization of leisure and recreation;
- representation of interests in various instances, physical and moral protection;
- consent or refusal to export outside the country.
Providing financial support for the child
If the recognized father of the child refuses to support him financially (including after a divorce and change of place of residence), this is a direct violation of the Family Code of the Russian Federation. To begin with, you should try to personally tell the man about this and demand the fulfillment of your obligations. If the mother refuses, it is necessary to contact the local guardianship authorities and report the corresponding violations on the part of the father.
The guardianship authorities will require you to provide the mother's passport and the child's birth certificate with accurate information about his parents. In the future, a representative of the organization will visit the family's place of residence and personally consult with the child's dad, obliging him to comply with his duty. If, after a conversation with an authorized representative for family affairs, a man continues to refuse to fully participate in the upbringing of his offspring, he must file a statement of claim with the civil court at his place of residence, attaching copies of the personal documents of the mother and child to it.
After reviewing all the papers, the court will appoint a session to which the mother, father, and also the child himself will be summoned, if by the current moment he has reached the age of 14. As a defense and in order to prove the guilt of the child's father for evading financial support (including alimony if the man lives separately from the child), as much information as possible, including audio and video materials, as well as testimony of witnesses, must be provided. As the latter, you can invite the next of kin and representatives of the guardianship authorities who are aware of the situation in the family.
If the court takes the side of the mother, the man may be deprived of his paternal rights and ordered to pay alimony, taking into account a fine for the entire period of their absence. In the future, bailiffs will monitor the fulfillment of the relevant orders by the father.
