Modern sociologists note that every year the number of divorces only increases, and the presence or absence of children does not strengthen the family. Perhaps this is due to changes in the private life of couples, because more and more often a woman is forcedly or consciously changing roles with a man, and not everyone likes it. The attempt to “divide” the child is one of the most common disputes in a divorce, however, the deprivation of the parental rights of the mother usually occurs less frequently than the father.
For what reasons today are deprived of parental rights
When a marriage is divorced, in most cases the child remains with the mother, as modern civil law considers that she is better able to take care of him and to raise him with dignity, giving him maximum attention. This is partly true, because psychologically a woman is most often closer to a child, and not her own, even beloved, husband. To understand what they are depriving of parental rights, you should refer to the Family Code. It details in detail all the possible reasons for this act.
In modern conditions, the deprivation of the parental rights of a mother occurs if she has not taken her child from the hospital or another child care institution with a medical focus within six months, but only if she did not have good and valid reasons for this . At the same time, the material conditions of a woman and her age can be taken into account. It should also be borne in mind that in this case the mother should not take care of the child and not show any attention to him, in other circumstances, the deprivation of the parental rights of the mother is impossible.
The most common and most “social” reason for depriving a child of his rights in modern conditions is his cruel treatment, evasion of his immediate parental duties, beating or moral bullying. If a parent intentionally commits an offense directed against his child, he will also be deprived of any rights to him. The same applies to coercion to vagrancy or begging, any other types of child exploitation.
Modern law also considers that raising a child by chronic alcoholics or drug addicts is unacceptable, therefore, persons who constantly abuse such substances are excommunicated from the process of education and the formation of an individual person.
The order of the proceedings
When thinking about how to deprive a mother of parental rights, it is necessary to understand that this can only be done with the help of the court. Any of the child’s parents, their guardian, or a representative of a child’s or healthcare institution can go to court. A guardianship authority is required to take part in the case, which should establish the true state of affairs in the family and, if necessary, involve police officers to confirm certain facts. It is theoretically believed that the child can also express his opinion, but if it contradicts the possible benefits for the child himself, then he will not be taken into account.
Effects
Deprivation of the parental rights of the mother means her inability to make any decisive decisions for the child, for example, to choose his place of residence. Nevertheless, the mother is obliged to support her own children, even if she does not take part in their upbringing. She can do this voluntarily, or the guardian can recover child support through the courts, and the mother is also denied the right to inherit after her child.
It is believed that any parent who has been deprived of the right to education has the right to restore his rights in court, but the court needs good reason for this. The parent is obliged to prove that he does not lead an asocial lifestyle, has sufficient wealth and place of residence, has ended especially harmful habits in the form of alcohol or drugs.