
基隆一名出生僅月餘的發展遲緩男童遭父母遺棄,生父長期外出不聞不問且未付扶養費,生母人間蒸發,由祖母撫養長大。祖母向法院聲請宣告停止父母親權並改定監護人,基隆地院審理後裁定准予,認定父母消極不盡保護教養義務情節嚴重,符合兒童及少年福利與權益保障法及民法規定,並確認祖母為第一順序法定監護人,可直接辦理戶政登記。
AI-generated summary
根據兒童及少年福利與權益保障法及民法規定,當父母嚴重失職或遺棄子女時,法院得宣告停止其親權,並依法定順序指定監護人。祖父母為第一順序法定監護人。
基隆1名發展遲緩的男童,出生僅月餘即遭父母遺棄,阿嬤為讓孫子能順利就醫與生活,向法院聲請宣告停止父母親權獲准。(情境照)
基隆1名發展遲緩的男童,出生僅月餘即遭父母遺棄,生父長期流連在外不聞不問,生母更是丟下孩子後人間蒸發,全靠阿嬤獨力撫養孫子長大。阿嬤為讓孫子能順利就醫與陪伴,向法院聲請宣告停止父母親權並改定監護人。基隆地院審理後,裁定宣告停止男童生父與生母的全部親權;至於監護人部分,因阿嬤依法本為第一順序法定監護人,可直接前往戶政機關登記。
阿嬤主張,孫子的出生1個半月後,其父母就把孫子丟給她照顧。生父藉工作之便長期在外,對孩子不聞不問、未給付扶養費;生母則是徹底失聯。法院審理時,生父坦承長期未盡照顧責任、無能力承擔親職,並同意停止親權及由阿嬤監護;生母則未到庭。
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法官認為,男童父母消極不盡保護、教養義務,情節嚴重,已符合兒童及少年福利與權益保障法及民法停止親權之規定,裁定宣告停止父母對男童的全部親權。
另針對阿嬤聲請選定自己為監護人一事,法官則指出,當父母均被宣告停止親權時,第一順序法定監護人即為「與未成年人同居之祖父母」。阿嬤長期照顧發展遲緩的孫子,確實盡心盡力且極為適任,法律上本就是第一順序監護人,提醒阿嬤在裁定確定後,備齊文件直接至戶政事務所辦理法定監護人登記。
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AI outlook — possibilities, not facts
阿嬤將完成戶政機關的法定監護人登記手續
Very likely · Within days
社會福利單位可能會介入評估男童的長期照顧需求
Likely · Within weeks

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