It is good when a child is brought up in a complete family with loving parents. However, unfortunately, there are situations when it is better to remove one of the parents, and sometimes both at once, from this important function.
Why are deprived of parental rights
Parental rights are the totality of all the rights and obligations that parents have to their minor children. They lose their validity after the child reaches 18 years of age or is recognized as legally capable in case of creating a family for certain circumstances. Both parents have the same rights and responsibilities towards the child.
It is most optimal for children to be brought up in a complete family by biological parents. But under some circumstances and only by a court decision, they can be deprived or restricted in their rights. This can happen if facts and evidence of infringement of interests or harm to the child are identified. The reasons for deprivation of parental rights are spelled out in the Family Code of the Russian Federation. Their interpretation is not accurate and is subject to correction in court, taking into account all the circumstances.
One of the main reasons for deprivation is the failure to fulfill the obligations of the parents, failure to pay alimony for more than 6 months. The responsibilities of parents include observing and protecting the interests of the child, obtaining a complete education, maintaining mental and emotional health, etc. If the parents live separately, then the reason for the deprivation of the rights of the second parent (or both - if they are not living with the child) may be the fact that they did not pay alimony for 6 months and did not participate in the child's life in any way.
Parental rights can also be deprived of their abuse. This happens if a parent, using his power, acts against the interests of the child: he teaches him to alcohol / drugs, prohibits education, promotes some views on life that are dangerous to physical or mental health.
Another reason is the abuse of children, violence against them, as well as the commission of a deliberate crime against the life or health of a child or spouse. Parents suffering from chronic alcoholism or drug addiction can also be deprived of their rights, because cannot fulfill their duties to the required extent.
The case for deprivation of parental rights is considered in court at the request of one of the parents, the prosecutor or the guardianship authorities. After such a decision is made, the child is transferred to a second parent or guardian appointed by the court, or to an orphanage. At the same time, he does not lose all his property rights (ownership of housing, inheritance). The parent does not have any right to the child, including to participate in his life, but is still obliged to pay alimony.
A child who has been taken away from his parents cannot be adopted by other people for six months. This term of the law gives the biological parents of the child to correct their mistakes.
Is it possible to restore parental rights
The termination of parental rights is not final and irrefutable. They can be restored with great effort. To do this, you need to go to court again and start a case, providing evidence of your correction. One has only to remember that if the child is already adopted, then the process becomes irreversible. In addition, a child who has reached the age of 10 may refuse to return to his parents himself, without even giving a reason. In this case, the court takes into account the child's wishes and refuses to restore the rights of the parents.
