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Unfortunately, not all parents properly fulfill their duties, take care of the health and psychological development of their children. If it is established that the living of minors with their parents poses a threat to their lives, the children are removed from the family.
Reasons why children can be removed from the family
The very mention of the guardianship authorities causes a lot of negative emotions in adults and this is connected with stories about the unjustified taking of children from their parents. To protect your family from the arbitrariness of the guardian body, you should familiarize yourself with your legal rights.
Recently, the removal of children from the family occurs not only among alcoholics and drug addicts, but also among parents who have found themselves in a difficult life situation.
Unfortunately, at present, offspring can be removed even based on absurd reasons:
- refusal to vaccinate;
- complaints from “vigilant” neighbors;
- children have few toys;
- the child does not have a separate place to sleep, or to complete lessons;
- restless baby behavior and frequent crying.
The most significant reason why minors can be removed from the family is the danger to their health and the threat to their life, arising from the actions of the parents, such as:
- alcoholism;
- drug addiction;
- family violence;
- tough upbringing;
- exploitation of child labor;
- sexual harassment;
- involvement in a sect, or criminal group.
The legislation does not clearly spell out negative factors for which children can be selected by the guardianship authorities. Therefore, in some cases, guardianship workers consider a threat to the child’s health in case of completely harmless situations in the family.
The guardianship has the right to pick up children immediately, without any warning, based on Article 77 of the RF IC. Parents have no legal right to obstruct this procedure, which is structured as follows:
- examination of received complaints;
- survey of living conditions;
- clarification for withdrawal.
Further proceedings will take place in court, where the grounds for depriving parents of their rights in relation to minors are being studied, and the interests of children are already represented by the guardianship department.
Legal consequences under the law
If the court granted the petition for deprivation of parental rights, close relatives have the right to take custody of the children. Parents have the right to restore their rights if they prove that they have changed their way of life and are able to raise their children.
Deprivation of rights by a court does not exempt negligent parents from paying alimony, but not a single court can force children to take care of aged relatives in the future.
If, by the time the parents are restored to their rights, the minor turns 14 years old, the court, when making a decision, will take into account whether the child wishes to return to the biological family. Of course, legislation should be on the side of a minor child and protect his interests.