LawCausing Harm

The most terrible punishment is deprivation of parental rights

The family is the best that can be in the world. A person is happy that he is expected, he is thought of, rejoiced at his arrival, that you can take care of those who are dear to yourself. Is it not happiness - to hear "Daddy !!!" from the baby running to the meeting ?! Children are the best thing in our life. And like every small and tender sprout, they need custody, care, attention.

Unfortunately, the idyll is not always in all families. Some parents do not understand this at all or can not understand it. There are "difficult families" where there is no place for caress, love, kind word. Where one or both spouses do not perform their duties as parents or treat their underage children very cruelly. And this is the basis for punishment of parents.

Family Code sets the most terrible punishment - deprivation of parental rights. When is this punishment applied? Is it possible to avoid it? What are the reasons for its application? What awaits repentant parents?

Deprivation of parental rights happens when parents do not keep children at the proper level when they do not care about their health, development, mental, physical or moral. Sometimes malicious evasion of parents from payment of alimony is the basis for the application of such punishment.

Deprivation of parental rights is made if:
- the parent, not having for that valid reasons, leaves the child in a maternity home, in medical institution or in establishment of social type;
- parents cruelly treat children, have mental or physical violence, attempt attempts at their sexual inviolability;
- Parents (or one of them) are recognized as chronic addicts or alcoholics;
- Intentional crimes related to the life or health of children or spouses are committed.

To deprive parents of their rights , at least one of these cases is sufficient. Only the court has the right to deprive the parents of their rights. But to apply to the court with a declaration of deprivation have:
- one of the parents;
- The prosecutor;
- Commission for the Affairs of Minors;
Body of trusteeship.

What is necessary to deprive parental rights? Any body that stands guard over the interests of a minor child must apply to a judicial authority. Deprivation of parental rights is a judicial procedure, the decision of which is fixed. This does not absolve parents of special responsibilities, for example, from the obligation to support their child financially.

The court, during the consideration of the application, decides whether to collect alimony from the parents. Children from this duty - to pay alimony to elderly parents - are exempt. In addition, they can claim property rights, the right to inherit the property of parents, ownership of housing and others.

Depriving parental rights is not a life sentence, although the recovery procedure is much more difficult and difficult. It is very easy and simple to lose the trust of your children, but it is difficult to restore. The possibility of restoration within six months from the date of the court's decision is envisaged. The law gives time to rethink all careless mothers and fathers, and therefore the possibility of adoption of a baby by other people can only be considered after this time. Woe-parents have to prove in court that they took the path of correction, changed their way of life, behavior and attitude towards the baby.

From deprivation, cases of restriction of parents in their rights towards children differ. The restriction in parental rights is allowed when the parent himself is not guilty, that the child's residing with him later became dangerous. For example, if a parent or one of them has a mental or other chronic illness. A child whose parents are restricted in their rights to upbringing and maintenance is transferred to the guardianship authority, and such a child can not 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 own family, educated by their parents - this is the law of life.

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