7. Mutual right and duties of parents and children

Mutual right and duties of parents and children are based on the origin of children, that is certified in order, which is set by the law. When a child was born from parents, who are married with each other, the origin of this child is certified by the Marriage certificate. When a child was born from parents, who are not married with each other, the origin of this child is set by the parents’ common application to the register office. When there is no application and a child was born from parents, who are not married with each other, the origin of this child is set by a court.

Children, that were born from parents, who are married with each other, and children who were born in the civil form of marriage without registration (marriage by habit and repute) have equal rights in Ukraine.

The mutual rights and duties of parents and children are divided into the personal and property.

There are such personal rights and duties of parents in relation to their children:

• the right to give a name and a surname;

• the right to determine child’s place of residence;

• the right to present and protect interests of their children;

• the duty for financial support of their children;

• the duty to educate their children;

• the duty to be responsible for the acts of their children etc.

There are such personal duties of children in relation to their parents:

• the duty to respect their parents;

• the duty to care about their parents;

• the duty for financial support of their parents.

In cases about children a court takes into account interests of children and conditions of their normal development and education.

There are such property rights and duties of parents and children:

• the right and duty of parents to manage the children’s property;

• the duty of parents and children to care and protect common and separate property;

• the duty for financial support of minors and disabled children;

• the duty of adult children for financial support of their disabled parents.

When a mother or a father does not want to care about her or his children and give them financial support, it is possible to go to the court with the lawsuit about alimony. After the decision of the court a mother or a father must pay alimony.

Children may be released from the duty to pay alimony, if it will be set that parents avoided of their duties in relation to this child. Parents may be released from the duty to pay alimony too, if the profit of a child exceeds a profit of the parents and provides necessities of a child.

8. Grounds of deprivation of paternal rights

It is possible to deprive parents of their paternal rights, if the parents do not want to realize their paternal duties.

There are such grounds of deprivation of paternal rights:

• parents avoid of the duty to educate a child;

• parents use alcohol or drugs all the time;

• parents force their children to beg or to be a tramp (vagrant);

• parents’ behaviour with their children is cruel;

• a mother or a father was convicted for the intentional crime in relation to her or his child.