Court Dispute about Guardianship of Underage Child of a Person with Cancer

Lela Khechoshvili, Kakheti 

22-year-old Meri Nadirashvili has cancer. Her former husband Levan Razmiashvili requests guardianship for their child. . Meri Nadirashvili was diagnosed of cancer two years ago. At that moment she was three-month pregnant. Husband abandoned Meri because of the disease. The patient was operated on several times and the child was born healthy though the young woman’s health conditions worsened.

The father has not seen the child since he was born but gave his family name to the baby. Grandmother Marika Nadirashvili, mother of Meri Nadirashvili, is taking care of the child from the very first days. She is against giving the child to the father and applied for guardianship. Marika Nadirashvili applied to the Kakheti office of Human Rights Center for legal assistance.

Marika Nadirashvili blames former son-in-law Levan Razmiashvili in worsening health conditions of her daughter.

“Before marriage my daughter was healthy person. She was pregnant when I personally witnessed how her husband was beating her in the bed. In addition to that, the mother-in-law also beat Meri. Afterwards my daughter told me that husband often beat her; the cancer developed as a result of frequent beating in her head. As for my grandchild, I have grown up him and spent most of my time on him,” Marika Nadirashvili said.

The grandmother claims Levan Razmiashvili has never assisted them in growing the child. 

“My former son-in-law cannot independently grow up the child so I wish the court suspended his right to parenthood so that the child lived with me. I petitioned to the Social Agency to make me guardian of the child,” Marika Nadirashvili told humanrights.ge.

Lawyer of Kakheti office of Human Rights Center Lia Khuroshvili appealed to the Prosecutor’s Office with the request to suspend rights to parenthood for both parents.

“Yesterday we lodged an application to the prosecutor’s office and requested to suspend right to parenthood for both parents. The mother is in extremely poor conditions and the mother will have chance to get status of guardian if none of the parents have legal right over the child. The court will discuss the case and grant the status in accordance to the law,” Lia Khuroshvili said. 

Marika Nadirashvili said the child is involved in the Food Program for the Children Under Risk of Being Abandoned and also in the Sub-Program on Emergency Assistance for Under-Crisis Families with Children. The family received social allowance too. According to Nadirashvili, Levan Razmiashvili wasted two-month allowance of his underage child.

The grandmother said despite several operations health conditions of her daughter is critical. Meri cannot independently eat. She said Levan Razmiashvili intends to take the child after the mother dies.

Humanrights.ge contacted Levan Razmiashvili, who said he intends to take the child to Breti village, Kareli district based on legal decision. 

“I do not want to worsen Meri’s conditions with it so I refrain from taking the child with me; but in future I will do that,” the father said.

The neighbors also support Nadirashvilis; they said entire village is ready to support Meri’s family to keep the child with the grandmother and to grant guardianship to her.