They are obliged to take care of the child’s physical and spiritual development and to prepare them properly to work for the good of society according to their talents ”(Art. 96 of the Family and Guardianship Code). Parents have the right (and obligation) to have contact with the child, regardless of parental authority.
These provisions show that both parents are entitled to these rights, but there are situations where only one parent, e.g. the mother, has parental responsibility over a child. This is the case when one of the parents is dead or does not have full legal capacity. The same applies if one of the parents has been deprived of parental responsibility or if his parental responsibility has been suspended.
In a marriage there is a presumption that the father is the mother’s husband. In the case of cohabitation, the relevant formalities for establishing paternity must be completed, and the situation is also different in the case of separation of parents. In cohabitation, it does not involve divorce. However, if, after the breakup, the former partners cannot agree on important issues regarding the child, they can take the matter to court.
Children of the spouse from a previous relationship – what rights and obligations? The mother’s right to custody of the child after divorce granting parental responsibility to one of the parents. The court decides on many important issues related to childcare after divorce. The divorce decree includes decisions regarding parental responsibility over a joint child, contacts and child support.
Parents often establish issues related to parental responsibility or contact with the child in the parental agreement, also known as the upbringing plan. The court takes into account such an agreement, if it is in the best interests of the child. If it is in the best interests of the child, the court may entrust the exercise of parental responsibility to one of the parents, limiting the parental authority of the other to specific rights and obligations.
According to the statistics of the Ministry of Justice, the courts more and more often entrust parental responsibility to both parents. In 2019, the exercise of parental responsibility was entrusted to a mother and father in just over 23,000. cases for about 37 thousand. Custody of children in divorce cases.Previously, you might have come across the term “caring for a child”, but the term is no longer used in Illinois.
The steps to obtain parental responsibility vary depending on the county you are in and the details of the case. You should ask the clerk for your county’s rules. You also need to make sure you know all the deadlines set by the court and go to every trial. COST OF LAWYou will waste money and time when you file for a court case. Court cases can take several months to a year or even years.