Everything about deprivation of the rights of the child
Termination of parental rights is the legal method of protection of minors from encroachment on their inalienable rights and freedoms from the biological or adoptive parents.
To deprive either parent rights to the child only under the following circumstances:
- Evasion from execution of parental duty.
- The parents deliberately abandoned the child.
- Excess of parental authority.
- Cruelty on the part of parents.
- Regular use by parents of alcohol or drugs.
- The assassination of one of the parents, to the life and health of another.
Departure from the parental debt is not a single insult to the mother or father of their parental duty, but it is not the full manifestation of caring for the child, as it is not manifested. This list also includes willful failure to pay child support.
In this case, the appropriate verdict is not necessary. Enough only what the father does not pay child support or refuses to financially help the child.
The second reason implies that the child that is in a certain social institution (nursing home, hospital, kindergarten and so on), after a certain amount of time, parents refuse to take.
Excess of parental authority means the creation of such circumstances that slow down or even stop mental, physical or spiritual development of the child, inhibit access to education, medicine, religion, or communication with peers. Also forced to drink alcohol or narcotic substances, involvement of child in illegal activities.
The violence can be expressed not only causing physical damage, moral destruction of the child also applies to this paragraph. This is a threat and challenge to the child fear, the ruthless suppression of his will.
Regular consumption of parents, alcohol or drugs. This requires a medical confirmation.
For the sixth right verdict, confirms this accusation.
The algorithm of deprivation of the rights of the child:
The decision about deprivation of the rights of the child considered by the court. The hearing takes place in connection with the statement of one of the listed entities: one of the parents, attorney or social security authorities.
For a positive decision must be given and fully proven facts, which can be the cause and that the situation will not be able to lean in the opposite direction. If you come to the conclusion that improvements are possible, the decision can be negative.
Implications for parents:
If the court took a positive decision on the case, the parents take away all rights and responsibilities associated with the biological relationship of the father and child. To communicate with him, to educate, to protect its inherent rights and interests. The same cannot be inherited and to seek child maintenance by the parents in connection with the incapacity. (article 71 of the Family code)
However, some costs to cover still have.
Consequences for the child:
A solution to the issue with the child depends on the availability of parental rights and legal capacity in other father. If the answer is positive, then the child stays with him.
- In the case of incapacity or refusal, the child falls into a special institution and can be adopted.
- Restore the rights of the child is also possible. But it requires fundamental changes in the life of a shiftless father.
- For this again you need to go to court for the right solution, and prove that change for the better occurred.