he Role of Fathers in the Upbringing of Children: Legal Responses to Contemporary Challenges

Aim. To analyze the law enforcement practice of determining the place of residence of a child with one of the parents, to study discriminatory aspects in relation to the rights of separated fathers to participate in the upbringing of a child. To propose ways of improving legislative and judicial mechanisms to ensure equal rights of parents and to protect the interests of children.

Methodology.  The article uses the method of comparative analysis of the norms of Russian family legislation, as well as case law. General scientific methods are applied: analysis, synthesis and abstraction. In addition, the legal method of interpretation of legal norms is applied to identify gaps and conflicts in the regulation of relations between parents and children after the dissolution of marriage.

Results.  Key problems of law enforcement practice have been identified, including the established presumption of determining the place of residence of the child with the mother, the lack of guarantees of the rights of separated fathers to raise and interact with children, as well as insufficient regulation of cases of relocation of one of the parents. It is concluded that it is necessary to introduce legal mechanisms to ensure the equality of parents in matters of child rearing, regardless of their place of residence.

Research implications. The obtained results can be used for further research in the field of family law, as well as for the development of recommendations to improve the legislation. Practical significance lies in the possibility of applying the conclusions of the article in resolving disputes about the place of residence of the child and the order of communication with him, as well as in increasing the level of protection of the rights of parents and children.

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