Special Features of the Exercise of Parental Rights and the Determination of the Child's Place of Residence when the Parents Live Apart

The graduation thesis is related to the questions of exercising of parental rights over a child and determination of a child’s place of residence when parents live separately. Nowadays parents live apart quiet often and that fact affects the necessity of the determination of a child’s place of residence. However, sometimes parents can’t reach an agreement on that matter so child’s place of residence has to be determines by court. Moreover, the determination of a child’s place of residence with one of the parents affects the procedure of implementation of parental rights of the other parent that also leads to the court disputes between the parents concerning their children. By the way, there are a lot of problems both of theoretical and practical nature that arise due to the poor regulation of these questions, that explains the relevance of this research. The graduation thesis consists of the three main chapters. First chapter includes the research and analysis of the children’s rights and rights and duties of parents and the way of changing in the scope of parental rights when one of the parents starts living apart. This chapter also presents the regulation of the visitation right of noncustodial parents. The second part of research concerns the questions of physical custody of a child, including the determination of a child’s place of residence made by agreement between parents and by court. Also this chapter concerns the legal status of a child’s place of residence and his housing rights. The research of the most significant problems is the main topic of the third part of diploma project, that also includes the suggestions of possible solutions of these problems including legislative development.