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The influence of the parental relationship to their child are regulated in Art. 270 ff. of the Swiss Civil Code. Pursuant to Art. 272 CC, ‘Support and Common Welfare’, parents and children owe each other support, consideration and respect as the good of the family community requires. All other effects and influences of the child-parent relationship derive from this obligation.
The first effect of the child relationship is the name and citizenship of the child. If the parents are married, the child is given the common surname, or the name that the parents have chosen for the children at the time of marriage. If the parents are not married, the child is given the name of the parent with parental care. If both parents are married, the name is determined by the joint will of the parents. If no parent has parental care, the child bears the mother’s maiden name. The citizenship of the child takes the same path as the name of the child. For further information on the citizenship of your child, you are welcome to contact our family lawyers in St. Gallen, Frauenfeld or Zurich.
Parental custody is governed by Art. 296 et seq. CC. Since July 2014, joint parental care has been the rule. One parent is only granted sole parental care if this is necessary to safeguard the best interests of the child. By law, parental care ends when the child reaches legal age. Parental care includes making decisions for the minor child, taking into account the child’s welfare and respect for their personality. Furthermore, the upbringing, education and care of the child as well as determining the child’s place of residence are aspects of parental care. The representation of the child due to lack of own capacity to act also falls under parental care, excluding the highly personal rights. Finally, parents who have parental care must also take care of the administration of their children’s property (administration of the child's property; Art. 318 ff. CC). The family law attorneys in Zurich, Frauenfeld and St. Gallen are at your disposal for any questions you may have regarding your child’s assets and its administration.
The right to personal contact is granted to the parent who does not have parental authority. Under certain circumstances and only in exceptional cases, third parties also have a right to personal contact to the child. An attorney for family law in Switzerland can determine whether the conditions for personal contact are met in an individual case. The frequency and duration of the contact depend first and foremost on the well-being, wishes and condition of the child. The living arrangements of the parents and the child are also relevant. The right to personal contact also includes the right to information. Accordingly, the non-custodial parent must be informed about special events and they must be consulted before important decisions are made.
In Art. 276 ff. CC sketch out the provisions on the maintenance obligation of the parents. Maintenance includes the costs of care, upbringing and education of the child as well as child protection measures. The obligation to pay maintenance ends when the child reaches the age of majority, unless the child has not yet completed an appropriate education by the time, he or she reaches their legal age. Maintenance for minor children takes precedence over maintenance for children of legal age and over spousal maintenance. Maintenance is to be paid in kind (care and education) and/or in cash. The amount of alimony is determined according to the needs of the child and the parents’ circumstance in life and their ability to pay. A family lawyer in Frauenfeld, Zurich or St. Gallen can help you calculate the amount of the maintenance contribution.