Family is the best that can be in the world. A person is happy from the fact that they are waiting for him, think about him, rejoice at his arrival, that you can take care of those who are dear yourself. Isn't it happiness to hear “Dad !!!” from a kid running out to meet ?! Children are the best in our lives. And like any small and tender sprout, they need guardianship, care, attention.
Unfortunately, the idyll is not in all families. Some parents do not understand this at all or cannot understand it. There are "difficult families" where there is no place for affection, love, kind word. Where one or both spouses do not fulfill their parental responsibilities or treat their minor children very cruelly. And this is the basis for punishing parents.
The Family Code establishes the worst punishment - the deprivation of parental rights. When is this punishment applied? Is it possible to avoid it? What are the reasons for its use? What awaits repentant parents?
Deprivation of parental rights happens when parents do not adequately support their children, when they do not care about their health, development, mental, physical or moral. Sometimes the malicious evasion of parents from paying alimony is the basis for applying this punishment.
Deprivation of parental rights is made if:
- the parent, without good reason, leaves his child in the hospital, in a medical institution or in a social type institution;
- parents abuse children, render mental or physical violence, and attempt to assault their sexual integrity;
- parents (or one of them) are recognized as chronic drug addicts or alcoholics;
- intentional crimes related to the life or health of children or spouse are committed.
At least one of these cases is sufficient to deprive the parents of their rights . Only the court has the right to deprive parents of their rights. But they have to apply to court with a statement of deprivation:
- one of the parents;
- the prosecutor;
- Commission on minors;
- guardianship authority.
What is necessary for the deprivation of parental rights? Any body that safeguards the interests of a minor child should contact the judicial authority. Deprivation of parental rights is a judicial procedure, the decision of which is recorded. This does not exempt parents from special duties, for example, from the obligation to financially support their child.
The court, during the consideration of the application, decides whether to collect child support from the parents. Children are exempted from this obligation to pay child support to elderly parents. In addition, they can claim property rights, the right to inherit the property of parents, the right to own housing, and others.
Deprivation of parental rights is not a life sentence, although the recovery process is much more difficult and complicated. After all, losing the trust of your children is very easy and simple, but recovering is difficult. It is possible to restore within six months from the date of the court decision. The law gives time to think over all negligent mothers and fathers, therefore, the possibility of adopting a baby by other people can be considered only after this period. Woe-parents need to prove in court that they have embarked on the path of correction, have changed their lifestyle, behavior and attitude towards the baby.
Cases of restriction of parents in their rights in relation to children differ from deprivation. A restriction in parental rights is allowed when the parent is not to blame for himself, that living with him later became dangerous. For example, if the parents or one of them has a mental or other chronic illness. A child whose parents are restricted in the rights to his upbringing and maintenance is transferred to the guardianship authority, and such a child cannot be adopted.
I want to believe that sooner or later, but parents who have not lost their rights to their children will change their minds and change everything in their lives. Children should be brought up in their family, brought up by their parents - this is such a law of life.