CUSTODY RIGHTS AND THEIR LIMITATION

Abstract

Children are the future of any country. In order the childs personality to develop fully and harmoniously, every child should grow up in a proper family environment. But due to many objective and subjective causes, not all children can be provided with such. Latvian transitional period was characterized by a general tension in both economic and social  elds, which created new threats and aggravated previously existed problems. If parents are not duly considerate and choose to leave their children in the custody of third persons, there arises the need to ensure the representation of childrens interests and rights in their absence. In certain circumstances, a parish court can even decide on the disquali cation of parents. It is important to note that in every case, when there is information that a parent has authorized (or wish to authorize) another person to represent their childs or childrens interests in their absence (to give their child or children in custody), the court has a duty to monitor whether such children are not mistreated in the absence of their parents and childens interests and rights are not abused. If the Orphans Court  nds that parental absence endangers the childs or childrens health or life, it must act in accordance with the procedures de ned in the legislation and ensure that childrens rights and interests are guaranteed. Parents are the  rst persons responsible for their childrens rights and interests and should protect them at all times, as long as they are not deprived of care or custody rights, despite the issuance of the authorization to other persons to represent the child. Parent have an obligation to support and provide for their children  nancially in proportion to their  nancial situation until they themselves will be able to support and provide for themselves. Child support includes food, clothing, housing, health care provision, child care, education, upbringing and intellectual development (including interest groups, entertainment). Child maintenance may be required by the court of law in cases where it is not provided by parents willingly. Regardless whether the spouses live or lived in marriage or it was dissolved, the obligation to maintain a child is vested with every parent, regardless of their mutual relations. If the child has no parents or they are unable to maintain the child, this obligation rests with the grandparents. The author of the present research also wanted to attract attention to the fact that there is very little public awareness of the researched problem, especially with regards to the nature of custody and the related issues. Some consequences of that unawareness may be improper actions taken by parents and undesirable behavior of young people. Thus the author justi es the necessity to create a certain system that will be able to educate people legally in such notions as family, parent - child mutual responsibilities, their duties and rights and other related issues.