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Family Law: termination of parental rights, rights of the child, child support. (Russia)
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Question

Here my situation:

-I’m the father, of a Spanish man, resident in Valencia, Spain.

The mother is a Russian, resident in Russia.

We are not married.

We have difficult communication.

The child is 4 years old, he born in Russia, resident in Russia, Saint Petersburg.

I didn't recognize the child yet; he is registered under mother’s name.

My questions:

1) Which law will be applying? Russian, Spanish or international one?

2) Am I able to register the child under my name?

If the mother agrees, i guess, it should be just a normal registration.

Have I the right to give my family name and eventually a second first name to the child?

And what about if the mother would not agree?

On the contrary, if, at the moment, I don't do the legal registration under my name, and the mother wants it, could she make a legal process to oblige me to recognize the child and pay the material care?

3) If we do not agree with the mother about the decision about the child, how does it usually work?

Has the mother all the rights to take any decision?

4) Meeting: Have I the right to see the child alone? How does it usually work for the law? How much time I can see him and for how long?

We are from 2 different countries, so it is not easy come to Russia for me and it is not even my real interest.

Would it be possible make the child come to Spain (for example) with a baby sitter or with any other solution?

if the mother does not agree?

5) Education: have I the right to choose the education, school or any other professional (and not) course? How does usually work?

And again... if the mother does not agree?

6) € Material care: how much is the € / per month I should give to the child? How does this calculation work?

The child live in Russia, so, I would like to know how much is the Russian standard (€/month) that a Russian father usually give to the child in Russia (Saint Petersburg).

7) A which age the child will be able (for law) to come alone and spend time with me or he will be able to decide by himself without the influence of the mother?

!
Answer

According to the article 163 of the Russian Family Code, establishing and contesting paternity are determined by the laws of the state of which the child is a citizen by birth. The procedure for establishing and contesting paternity on the Russian territory is determined by the Russian legislation.

Therefore, any of parents can rights to establish paternity in Russian court. Hoverer, most likely, both parents can apply to the Spanish court. You can learn more if you address your question to the Spanish attorney, but I believe you both has right to do this.

According of my professional experience, for men, will be that it is better to establish paternity in Russia, but women try to do it in their home countries of the father. If you will file the case first, you will get priority in this matter.

Yes, sure. If you both agree, you need to address the vital records office and make changes for birth record. Then you will receive updated birth certificate.

If she doesn’t agree, this issue can be resolved by the court.

The mother can file the case against you. She has two options: Russian or Spanish court.

For now the mother has 100% of rights. After establishing of paternity, you can control each other’s, not much to be honest.

If you will file the visitation case in the Russian court, the judge will give to you the visitations rights within the Russian Federation. You can settle the case and foresee in agreement any conditions, including visitations in Spain, but usually you cannot expect the court order like this. Most likely you will obtain rights to visit your child in Russia, and rights to communicate with your child via Skype.

According to the articles 63 part 2, 65 part 2, 66 part 1 of the Russian Family code, both parents are obliged to provide their children general education. To get the educational goal, the parents have the right to choose the educational organization and the form of education. All educational matters supposed to be decided by mutual consent of parents. A parent who lives separately from the child has the right to make decision about child’s education. In case of disagreements between parents, they have the right to resolve these issues in the court. If fact, the right to make decisions, including educational decisions, belongs to the parent with whom the child lives, unless he or she is doing something wrong.

The court will makes child support order according of the case circumstances, depends of your income. If you have no income, you will have to pay approximately 14,000 Russian Rubles per month.

The child can make his or her own decision when child will reach 18 years old. The child’s opinion can take into consideration starting 10 years old.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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