It is good when the child is brought up in full family with the loving parents. However, unfortunately, there are situations when it is better than someone from parents, and at times and at once both, to discharge of this important function.
Why deprive of the parental rights
The parental rights are a set all of the rights and duties which are performed by parents before the minor children. They lose the force after achievement of 18 years by the child or recognition its capable in case of creation of family on certain circumstances. Both parents have the identical rights and duties before the child.
Most optimum for children education in full family biological parents. But under some circumstances and only by a court decision they can be deprived or limited in the rights. It can occur in case the facts and proofs of infringement of interests or infliction of harm to the child are elicited. The reasons for deprivation of the parental rights are stated in the Family code of the Russian Federation. Their treatment is not exact and is subject to adjustment in court taking into account all circumstances.
One of the main reasons for deprivation is non-performance of duties of parents, failure to pay alimony more than 6 months. Observance and protection of interests of the child, receiving full education by him refer maintaining mental and emotional health to duties of parents, etc. If parents live separately, then a reason for deprivation of the rights of the second parent (or both is in case of their accommodation not with the child), the fact that they within 6 months did not pay alimony and did not participate in the child's life in any way can serve. Can deprive of the parental rights also at their abuse. It happens if the parent, using the power, acts against the interests of the child: accustoms him to alcohol/drugs, forbids to get an education, promotes some outlooks on life dangerous to physical or mental health. Child abuse, violence over them and also commission of deliberate crime against life or health of the child or the spouse is one more reason. The parents having chronic alcoholism or drug addiction can be deprived too the rights since cannot fulfill the duties in the necessary measure. Case on deprivation of the parental rights is considered in court according to the statement of one of parents, the prosecutor or guardianship authorities. After adoption of such decision, the child is given to the second parent or the trustee appointed by court or to orphanage. At the same time it does not lose all the property rights (property on housing, receiving inheritance). The parent has no right for the child, including to participate in his life, but is all the same obliged to pay alimony. Other people within half a year cannot adopt the child who was taken away from parents. This term gives the law to biological parents of the child on correction of the mistakes.
Whether it is possible to restore the parental rights
Deprivation of the parental rights is not final and indisputable. They can be restored, having made at the same time rather great efforts. For this purpose it is necessary to appeal to court again and to open case, having provided proofs about the correction. It is worth remembering that if the child is already adopted then process becomes irreversible. Besides, the child who reached 10-year age can refuse to come back to parents, even without stating the reason. In this case the court considers desire of the child and refuses to parents restoration of the rights.