The grounds for depriving the mother of parental rights
The life of a child in an incomplete family is accompanied by a lot of difficulties, but even more difficult for children who are deprived of parental care. For every adequate woman, the deprivation of the mother’s parental rights is the most horrible nightmare, of which it is frightening to even think.
Such measures are resorted to in extreme cases, if the life and safety of the child are under threat. Let’s look at this complex issue and try to understand when the deprivation of rights is permissible, how it happens and what can become the reason.
To deprive the mother of parental rights is possible only if the child’s health or life is in real danger. In our legislation there are several actions that are sufficient grounds for such serious measures.
- If a woman refuses to take responsibility or take the baby from a maternity hospital or other medical facility. It’s about unreasonable refusals, for example, just does not want. If a serious illness, disability or lack of a livable home prevents the newborn from being taken away, then you can not deny the rights. These arguments are not good reasons.
- The manifestation of violence (physical / psychological) or soulless attitude towards the child. This includes sexual abuse by parents or providing a child for perverted comfort to third parties.
- The presence of a conviction under articles of the criminal code that are committed in relation to the second parent or minor. In this case, what was the intention (direct or indirect) of the role does not play.
- Excess of maternal rights and involvement of the child in unlawful actions. For example, the distribution of drugs, fraud, begging and others.
- Failure of the mother of direct responsibilities for the provision and care of children.
- Dependence of the parent on alcohol or drugs, which is confirmed by authorized bodies and there is a corresponding conclusion.
It should be understood that children are under the care of parents under the age of 18. Accordingly, deprivation of parental rights is possible only up to this age. The exception may be children who are under the age of 18, but have a court decision on their emancipation. Such a minor is recognized as independent, fully capable and in the care of the mother no longer needs.
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When two or more children are in a dysfunctional family, the decision to restrict the rights is imposed on each individual child. The law prohibits a one-time deprivation for all children. This is due to the fact that the mother can treat her children differently (for example, the older child from the first marriage is infringed in everything, and the younger from the second to indulge and indulge the whims). This situation is dangerous only for the older child.
A mother who is deprived of parental rights loses all the privileges and benefits associated with this child. It can not claim social benefits, benefits and subsidies. Also, the mother does not have the right to inherit. If the situation reaches a peak, then, as a result of the court session, a decision may be made to evict a woman from housing that has a municipal status. In this case, an alternative living space may not be provided.
2017 copy; All rights reserved. .