Tip 1: How and why they deny parental rights

Family and relationships

Tip 1: How and why they deny parental rights

The Family Code of the Russian Federation states thatthe parents of the child have equal rights, and have the same responsibilities in relation to their child. Parents are obliged to educate their child. The rights of parents can not be in conflict with the interests of the child.

The last measure that is applied to parents is the deprivation of parental rights. To deprive the parental rights can on such grounds:

If the parent does not pay alimony, and he evades fulfilling the duties of the parent.
If there is no good reason to take your children from the hospital, or other medical, educational or other institutions.
If parents abuse their parental rights.
Parents abuse their child cruelly.
Parents suffer from chronic alcoholism or drug addiction.
When the parent commits an intentional crime against the health and life of children and the spouse.

A court can deprive the parental rights. The application to the court can be written by one of the parents or by another person substituting them, as well as by the guardianship or trusteeship authorities, etc. The facts that confirm the parents' indisputable guilt and the fact that the parent does not change his behavior to the best The decision by the court to deprive the parents of their rights with respect to the child entails the loss of the parents' rights, which are based on the fact of kinship with the children. In the event of such a court decision, the parents are not deprived of the obligation to support their children, ь participation in the costs of training and treatment. Only after three years from the date of the decision of the court to deprive the parental rights, the parents are released from responsibility for the harm inflicted to the child. If the housing in which the children and parents live is not privatized, the court can conclude that the joint life of parents and children is impossible, so parents can be evicted without the provision of other housing. If the property belongs to parents or children on the property right, then parents deprived of parental rights can be evicted by a court decision, since from the moment of taking the decision the parents are not members of the family of their children. If the dwelling in which the children and the parent, who is deprived of parental rights, belongs to them equally, then the parent does not have the right to be evicted. In this case, the resettlement of children is possible, but the right of their ownership of housing remains.

Council 2: What is the law of the duties of parents

All parents, according to the Family Code of the Russian Federation,have both rights and responsibilities in relation to their children. Since the duties are fixed by law, the refusal to observe them can lead to undesirable consequences, including the deprivation of parental rights.

Main duties of parents

Parents should provide their child with a gooda life. Legally fixed their duty to take care of the health and life of the baby, his psychological, moral and physical development. Parents are responsible for the crimes of their poorly-bred underage children. The same applies to cases when a child becomes ill due to excessive physical exertion, improper living conditions, malnutrition, failure to provide timely medical assistance through the fault of the parents. Naturally, the choice of incorrect models of upbringing, including moral or physical violence, is a criminal offense. Another important duty of parents is to provide quality general education for the child. At the same time, the choice of an educational institution is their priority right. Parents can choose the most suitable option for their child, without consulting with others. However, the Family Code notes that children themselves have the right to choose the best form of education, and parents are obliged to take their opinion into account.

What parents are required by law to do

Fathers and mothers are obliged to protect interests and rightstheir children. By law, parents are always representatives of their minor child, so they do not need special powers to protect the interests and rights of children. Exception is made when the opinion of the child does not coincide with the opinion of the father or mother, and the guardianship and trusteeship agencies consider this disagreement to be significant and decide on the appointment of an outsider as the child's representative. It is also necessary to take into account the alimony obligations of the parents. The amounts of alimony are established in court and, as a rule, 25% of the amount of income per child, 30% for two children, 50% for three or more children. Evasion from payment of alimony is an infringement of the rights and interests of the child and violation of the law. The second parent or guardian in this case has the right to apply to the court to collect alimony forcibly. It is important to note that both parents have equal responsibilities to the child, unless one of them has been deprived of or restricted by parental rights. Duties are lifted from fathers and mothers after children reach adulthood or demonstrate their full independence and legal capacity to marry or otherwise established by law.