Parental Rights and Duties

Parental Rights and Duties


the personal and property rights and duties that the law assigns to parents to ensure a proper upbringing and material support for their children and to protect the children’s rights and interests. The Constitution of the USSR (art. 53) states that spouses are completely equal in their family relations. The father and mother have equal rights and duties with respect to their children regardless of whether they are married or divorced. They have the right to bring up their children from the moment the children are born until they attain majority. The Constitution of the USSR (art. 66) stipulates that citizens of the USSR are obliged to concern themselves with the upbringing of their children, to train them for socially useful work, and to raise them as worthy members of a socialist society.

All questions pertaining to the upbringing of children are decided by the father and mother on the basis of mutual consent, and disputes that may arise between them are resolved by guardianship agencies. If the parents are living apart, disputes over which parent should have custody of the children are decided by a court. In such decisions the most important criterion is the children’s welfare. Parents who do not live with their children have the right to visit them and must take part in their upbringing. Parents are the legal representatives of their minor children, whose rights and interests they must protect in all institutions, including legal ones, without special authorization. They are obliged to support their children, both minors and disabled adults needing assistance.

Parental rights are protected by law, and parents have the right to demand the return of their children from any person holding the children in defiance of the law or a court judgment.

Parents (or one parent) who perform their duties improperly may be deprived of their parental rights if they evade their parental duties or abuse their parental rights, treat children cruelly, exert a harmful influence on them by their amoral or antisocial behavior, or are chronic alcoholics or drug addicts (for example, the Code of Laws on Marriage and the Family of the RSFSR, art. 59). Deprivation of parental rights does not relieve parents of the duty to support their children. Parental rights may be restored if the interests of the children require it.

References in periodicals archive ?
In connection with the listing and designation of parental rights and duties regarding the child's person, in the literature of the field there is no consensus of opinions.
A remarkable author (2) enumerated the following parental rights and duties regarding the child: a) the right to determine the child's home; b) the duty to financially support the child; c) the duty to raise the child; d) the right to return the child; e) the rights to have personal relations with the child; f) the right to watch over the growth, education, teaching and professional training of the child; g) the right to consent to adoption of the child.
In our opinion, we believe that parental rights and duties regarding the child's person can be approached through their subject.
e) Regarding the love, affection, and other emotional ties existing between the child and the child's parent or parents, siblings, and other relatives, and the degree of harm to the child that would arise from the termination of parental rights and duties, the court finds--
g) Regarding the child's ability to form a significant relationship with a parental substitute and the likelihood that the child will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties, the court finds--