About Father's Rights Law in Yogyakarta, Indonesia:
The father’s rights law in Yogyakarta, similar to the rest of Indonesia, is grounded on the Marriage Law of 1974 and the Civil Code. According to these, both parents have the equal responsibility towards their children. In the event of a divorce, the Indonesian courts generally tend to favor the mother as the custodian, especially when the children are under the age of 12. However, this does not divest the father of his rights or responsibilities and he is expected to participate actively in the child's upbringing.
Why You May Need a Lawyer:
You may need a lawyer in situations like divorce, where you are seeking custody of your child, in ensuring you receive fair visitation rights, or you want to prevent your ex-spouse from moving with the child to another city or country. Also, a lawyer will be crucial in negotiating child support, and in handling accusations such as child neglect or abuse.
Local Laws Overview:
The principal laws governing father's rights are the Civil Code and Marriage Law, along with the Child Protection Law of 2002. The latter emphasizes that a child has a right to know, be cared for, and be nurtured by both parents. Even in the case of divorce, the father has an obligation towards child support until the child is 21. A father can be granted custody if the mother is deemed unfit or if it can be proven that the child's welfare is better served by him.
Frequently Asked Questions:
What are a father's rights in a divorce?
A father has an equal right to seek custody of the children. If not given custody, he has the right to have a fair and equitable visitation schedule. He also retains the obligation to provide child support.
Can a father prevent his child's mother from relocating the child?
If a mother wishes to relocate with the child, she must have consent from the father. If the father objects, he can seek legal avenues to prevent the relocation.
What is considered as unfit parenting?
Unfit parenting might include instances of neglect, abuse, inability to provide proper care for the child, chronic drug or alcohol addiction, and involvement in criminal activity.
Do fathers have the same parental rights as mothers?
Yes, fathers and mothers have the same parental rights as mandated by law. These rights only change in the case of a court order, such as in divorce proceedings or custody battles.
Can a father refuse to pay child support?
No, according to Indonesian law, a father cannot refuse to pay child support. The obligation lasts until the child is 21.
Additional Resources:
The Ministry of Women Empowerment and Child Protection, Indonesia provides resources related to child rights. Non-Profit Organizations like Center for Child Protection (PUSKAPA) may also provide valuable information. Legal aid organizations in Yogyakarta, like the Yogyakarta Legal Aid Institute, can provide legal assistance.
Next Steps:
If you believe your rights as a father are being infringed upon, it is recommended that you consult with a legal practitioner in family law, who understands the specific intricacies related to father's rights in Yogyakarta. It is best to keep all records related to your child's upbringing and maintenance, which can be used as supporting documents in any legal proceedings.
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