Persons who directly raise their children after divorce have the following obligations and rights:
- Look after, raise, care for and educate their children, manage their children’s separate property and represent them in accordance with the law;
- Request the person who does not directly raise the child to perform the support obligation or additional support or change the level of support when it is no longer suitable;
- Request the Court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visitation to obstruct or adversely affect the looking after, care for, raising and education of the child.
Persons who do not directly raise children have the following obligations and rights:
- Visitation and care for the child without being obstructed by any person;
- Request the Court to change the person directly raising the child if the person directly raising the child does not guarantee the child’s interests in all aspects and when the child is a full 7 years or older and the child’s wishes must be taken into account;
- The obligation to support the child. The child support level includes the minimum costs for raising the child and the child’s education. Should the parties fail to agree on the level of support, the level of support shall be decided by the Court based on the needs of the supported person and the supporting person’s ability.
The support obligation is performed periodically (monthly, quarterly, annually) or once.
Further, the support obligation is performed until the child reaches the age of 18 (if the child is a minor) or until the child has income or property to support itself (if the child is an adult who is disabled, has lost his/her civil capacity to act, has no work capacity and no property to support themselves).
Parents who do not directly raise children have the obligation to respect their children’s right to live with the person directly raising them.