Child custody

Guardian referred to or not parental owner of the constitutionally defined legal guardians (or the obligation ) on a minor. The education law is acc. § 1631 para 1 BGB part of the child's care, thus part of parental authority.

Legitimacy to exercise

The legitimacy derives essentially from Article 6 § 2 of the Basic Law from ( care and upbringing of children is the natural right of parents and a duty primarily incumbent on them about their operation monitors the state community -. . 2004). Shown here is clear that the right of education is the nature of a compulsory education. This is prescribed by the legislative worth crucial that the parental rights does not limitless or even arbitrary dominion over the child, but to supply the socially bound duty to preserve the given child, and to promote its development ( § 1 paragraph 1 and 2 SGB VIII ).

Consequences of educational failure

In Section 3, the consequences are mentioned, designed to cover the failure of the parent or guardian ( Against the wishes of parents and guardians Children may be separated only on the basis of a law of the family, if the guardians fail or when the kids are threatening to go to for other reasons. - 2004). This is the basic legal act authorizing the legislature to protect the child in case of failure of the guardians - whether in debt or fault - which 1666a BGB are implemented in § 1666, §.

State office of guardian

The task of the state guard duties have the youth welfare office ( § 8a SGB VIII ), but also the courts ( Family Court, Guardianship Court ). The Youth Welfare Office (27 ff SGB VIII § § ) offer before a withdrawal of parental educational support.

Deprivation and division of parental responsibilities

For a withdrawal of parental rights to the minor is to be appointed a guardian, then the education authority has ( § 1800 BGB).

The education authority can also be divided, portions are transmitted nurses. This is for example the case when children grow up in foster care and at least the ' daily care ' of these is perceived in the context of § 1688 BGB.

  • Children and Youth Services
  • Parenthood
  • Right of parental authority ( Germany )
Jugendamt
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