You have the right to be cared for by your parents and this is protected by the human right called the right to a family life. Your parents also have the right and obligation to care for you.
Parental custody
Your parents have parental custody over you which means that they have to care for you and your property and, where necessary, also represent you. Parental care is absolutely necessary to make sure that you have proper living conditions and everything else that you need to grow up and develop. Your parents’ right to have custody over you is also protected by the human right to a family life.
Your parents exercise custody over you only until you reach the age of majority. Normally both of your parents share custody over you, but there may be situations where only one of your parents has these rights. This is called separate custody. Read more about different types of parental custody.
If, for some reason, you have been separated from your family, you may be cared for by other people - a legal guardian, foster parents or employees of a child care institution.
Care
Your parents must care for you. This means that they must cover the costs of your everyday needs, health care, upbringing and education. These costs are also called maintenance costs. Parental care and the fact that you have everything you need is very important for your complete mental and physical development.
Supervision
Parents have to make sure that you are safe and, as far as reasonably possible, protect you from danger or harm that other persons may cause.
Determination of the place of residence
You have the right to have a constant place to live. Your parents choose this place. They may choose:
- the geographical place of residence, namely, the particular country and city/town, and
- the particular home
Read more about parental custody rights from the parent’s perspective.
Restrictions on parental care
If one or both of your parents do not care for you or otherwise abuse their parental custody rights, for example, if they are violent towards you, their parental custody rights may be suspended or withdrawn.
Suspension & Withdrawal of parental custody
In certain situations, the Orphan’s Court can suspend your parents’ custody rights, but only a court can withdraw them completely. This can only be done if it is in your best interests and if it is allowed by the Latvian Civil Law.
example The custody rights of either of your parents may be suspended if either he/she cannot care for you. This can also happen if a parent has been violent towards you or your life or health has been endangered while you were in their care.
Suspension of parental custody means that one or both of your parents are not allowed to care for you temporarily. This means that, after a while, if the situation has changed, the state authorities may allow a particular parent, or both, to care for you again.
Withdrawal means that the custody rights over you of a parent are taken away permanently.
Read more about what suspension and withdrawal of parental custody rights means.
Consequences
While one parent’s custody rights are suspended or withdrawn, your other parent will care for you. If it is not possible or both of your parents’ custody rights are suspended or withdrawn, the Orphan’s Court will decide on whether you should be taken out of your family. In such case, other persons - a legal guardian, a foster family or a child care institution – will care for you.
Read more about separation from your family.
Aspects for evaluation
There are several aspects that have to be evaluated when state authorities are deciding whether to suspend or withdraw your parents’ custody rights. As a primary consideration, these authorities must always take your best interests into account. The suspension or withdrawal of custody rights must be done properly according to law, otherwise it may violate your and your parents’ human right to a family life.
Read more about the aspects that have to be taken into account in making decisions about suspension or withdrawal of parental custody rights.
Who can help you?
If you feel that your parents put you in danger, severely restrict your rights or you have other issues that you cannot resolve, you may turn for help to the Orphan’s Court. There should be an Orphan’s Court in your municipality. It is the state authority that is competent to deal with these situations. The Orphan’s Court will then decide whether it is necessary to suspend (or request a withdrawal of) a parent’s custody rights. It can listen to your opinion and decide to take you out of your family if this is in your best interests.
Read more about who can help you.