Legal guardian (Germany)
Legal guardian means the holder (s ) of the constitutionally defined right ( or duty ) to bring up a minor over a minor . The right of upbringing is according to (1) BGB part of personal care , thus part of parental custody .
Legitimation to exercise
The legitimation is essentially derived from Basic Law ( care and upbringing of children are the natural right of the parents and the primary duty incumbent on them. The state community monitors their activities. - 2004 ). It is clearly shown here that the right to bring up a child is essentially a duty to bring up a child . This will by the legislature worth decisive given that the parental rights does not include unlimited or even arbitrary dominion over the child, but to provide the socially bound duty to preserve the given child and to promote its development ( para. 1 and 2 SGB VIII ).Paragraph 2 of the
Consequences of failure in upbringing
In paragraph 3, the consequences are mentioned that are intended to compensate for the failure of the legal guardian ( against the will of the legal guardian, children may only be separated from the family on the basis of a law if the legal guardians fail or if the children threaten to neglect for other reasons. - 2004 ). This is the constitutional authorization for the legislature to protect the child in the event of failure of the legal guardian - regardless of whetherno fault - which are implemented in , BGB.
State Guard Office
The youth welfare office ( Book VIII of the Social Code ), but also the courts ( family court), have the task of the state guard's office to ensure the child's well-being . Before parental custody is withdrawn, the youth welfare office has to offer educational support ( SGB VIII ).
Withdrawal and sharing of responsibility for upbringing
The parental authority can also be divided, subareas can be assigned to carers . This is e.g. B. also the case when children grow up with foster parents and at least the 'daily care' is taken care of by them within the framework of BGB.