The family institution is a complex social phenomenon, which experienced the terminological and structural transformation. In modern society the requirements increase to the quality of childcare and parents are imposed more obligations towards them. The right of the child on family care is an essential right of the child because the family care plays an important role in the physical and emotional development of children. The state should support and strengthen the family, create conditions for a child’s upbringing in the family, and promote family values. Theoretical analysis. In the article the family care is viewed from different perspectives; also a deep analysis of its legal interpretation is made. In addition to that, the constitutional provisions and rules of family law, as well as a new law «On Education in the Russian Federation», which is based on the principles of family care are interpreted. The right of the child on family care is represented as a complex subjective right, including authority to know their parents and live with them, the right to be cared by biological parents, the right on health and physical development, the right on financial support and well-being. Results. The result of the article is a proposal to improve the legislation of the Russian Federation on the issue of childcare in the following areas: the public control over the rights of children to live and grow up in a family; the adoption of the law on prevention from child abuse and neglect; the priority of family care for orphans and children left without parental care; the adoption of a new federal law on the rights of the child and bringing them into line with the current federal and regional Russian legislation.