LawState and Law

Deprivation of parental rights of the mother - how and for what

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 often a woman is forced or consciously changing roles with a man, and not everyone likes it. The attempt to "share" a child is one of the most common disputes in divorce, but the deprivation of the parental rights of the mother usually occurs less often than the father.

What are the reasons for depriving parental rights today?

When the marriage is dissolved in most cases, the child remains with the mother, as modern civil law believes that she is able to better take care of him and adequately educate, giving him maximum attention. Part of this is true, because psychologically a woman is more often than a child, and not her own, even beloved, husband. To understand what is being deprived of parental rights, you should refer to the Family Code. It details all possible reasons for this act.

In modern conditions deprivation of the parental rights of the mother occurs in the event that she did not take her child from the hospital or other children's institution that has a medical orientation for six months, but only if she did not have any valid and valid reasons for this. . In this case, the material conditions of a woman and her age can be taken into account. It should also be taken into account that the mother should not take care of the child and not show any attention to him, in other circumstances, the mother's parental rights can not be revoked.

The most common and most "social" reason for the deprivation of the rights to the child in modern conditions is cruel treatment, evasion of the performance of their immediate parental responsibilities, beatings or moral abuse. If the parent commits a crime intentionally against his child, he will also be deprived of any rights to it. The same applies to coercion to vagrancy or begging, any other kinds of child exploitation.

Modern law also believes that the education of a child by chronic alcoholics or drug addicts is unacceptable, therefore, persons who constantly abuse such substances are separated from the process of upbringing and becoming an individual.

The order of the case

Thinking about how to deprive the parental rights of the mother, it is necessary to understand that it can be done only with the help of the court. Any of the child's parents, his guardian, a child's representative or a health care institution can apply to the court. The body of the guardianship must necessarily participate in the case, which must establish the true state of affairs in the family and, if necessary, involve the police to confirm certain facts. Theoretically, it is believed that the child can also express his opinion, but if it contradicts the possible benefits for the child, then it will not be taken into account.

Effects

The deprivation of the parental rights of the mother means her inability to make any determinant 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 participate in their upbringing. She can do this voluntarily, or the guardian can collect alimony through the court, and the mother is deprived of the right to inherit after her child.

It is believed that any parent who has been denied the right to education has the right to restore his rights in court, but the court needs good reasons for this. The parent is obliged to prove that he does not lead an antisocial way of life, has enough income and place of residence, he has finished with particularly harmful habits in the form of alcohol or drugs.

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