Deprivation of parental rights

Family lawyer
Candidate of Legal Sciences
Welcome to the website! In the article “Deprivation of Parental Rights” I will tell you about the deprivation of parental rights: help from a lawyer, who can deprive parental rights through the court, about deprivation of parental rights: consequences, about the procedure for depriving parental rights through the court, where to file a claim on deprivation of parental rights, on what documents are needed to deprive parental rights, on voluntary abandonment of a child, on the right to visit a child whose parental rights have been deprived, on the restoration of parental rights, on the adoption of a child whose parents have been deprived of parental rights . Read the article to the end and contact our law firm for legal assistance in family matters.

Deprivation of parental rights: assistance from a lawyer

Deprivation of parental rights is a procedure for depriving the parental rights of a parent who does not fulfill their parental responsibilities.

Deprivation of parental rights is carried out on the basis of a court decision. Deprivation of parental rights does not relieve the deprived father of his responsibilities for maintaining the child, including the payment of alimony.

Our law firm has assisted in many cases of deprivation of parental rights in Ukraine. Deprivation of parental rights makes it possible to take a child abroad without the consent of the other parent, adopt a child or change his place of residence. At the same time, a father who does not fulfill his duties will no longer be able to dictate his terms on these issues.

How to deprive parental rights?

According to Art. 150 of the Family Code of Ukraine, parents are obliged to take care of the child’s health, his physical, spiritual and moral development. Parents are obliged to ensure that their child receives a complete general secondary education and prepare him for independent life.

Parents are obliged to respect the child. Any form of exploitation by parents of their child is prohibited. Physical punishment of a child by parents is prohibited, as well as the use of other types of punishment that humiliate the human dignity of the child.

According to Art. Family Code of Ukraine, a mother or father may be deprived of parental rights by a court if she, he:

  • did not take the child from the maternity hospital without a good reason and did not show parental care towards him for six months;
  • avoid fulfilling their responsibilities in raising a child;
  • child abuse;
  • are chronic alcoholics or drug addicts;
  • resort to any type of exploitation of a child, force him to begging and vagrancy;
  • convicted of committing an intentional criminal offense against a child.

A mother or father may be deprived of parental rights in relation to all or one of their children.

The most common case of failure to fulfill parental responsibilities is failure to fulfill the responsibilities of raising a child, participation in the mental and material maintenance of the child.

Who can deprive parents of parental rights through court?

A claim for deprivation of parental rights in relation to a child can be filed by one of the parents with whom the child lives.

Also, a claim for deprivation of parental rights can be filed by: the guardian or trustee of the child, the person in whose family the child lives, in whose family the child lives, the health care institution, educational or other children’s institution in which he is located, the guardianship and trusteeship authority, the prosecutor, as well as the child himself, who has reached the age of fourteen.

Deprivation of parental rights: consequences

A person deprived of parental rights:

  • loses personal non-property rights to the child and is released from the responsibilities of raising him;
  • ceases to be the legal representative of the child;
  • loses the right to benefits and government assistance provided to families with children;
  • cannot be an adoptive parent, guardian or trustee in relation to other children;
  • cannot receive in the future those property rights related to paternity that they could have in the event of their incapacity (the right to abstinence from a child, the right to a pension and compensation for damage in the event of the loss of a breadwinner, the right to inherit)
  • loses other rights based on relationship with the child, including not deciding the issue of taking the child abroad or the child’s place of residence.
  • a person deprived of parental rights is not released from the obligation to support the child;
  • Guardianship and trusteeship authorities refuse to allow persons deprived of parental rights to carry out transactions on property to which the child has the right of ownership or use.

The procedure for depriving parental rights through court

Deprivation of parental rights is possible only in court, with the participation of guardianship and trusteeship authorities. To submit an application to the court, you must contact a lawyer who will prepare a reasoned statement.

When considering the case, the court requests an opinion from the guardianship and care authorities on the advisability of depriving parental rights. Also, representatives of the guardianship and trusteeship authorities draw up acts of the child’s living conditions at the place of residence of the father and mother.

As part of the consideration of this case in court, witnesses may also be questioned regarding the participation of parents in the life of the child. In exceptional cases, the child himself may be questioned in court in the presence of a teacher.

Where to file a claim for deprivation of parental rights?

A claim for deprivation of parental rights is filed in a local court, this is one of the district courts of the city. As a rule, the claim is filed at the place of residence of the defendant. If, simultaneously with the claim for deprivation of parental rights, demands for the collection of alimony are filed, the claim can be filed in court at the plaintiff’s place of residence.

After receiving the claim, the court issues a ruling or a request, which is sent to the guardianship and trusteeship authorities to provide the conclusion of this body on the case.

What documents are needed to terminate parental rights?

The case of deprivation of parental rights is considered on the principles of adversarial litigation. In this case, it is the plaintiff who is obliged to prove the failure of the defendant to fulfill his parental responsibilities.

In this regard, you need to pay special attention to the preparation of documents for filing a claim in court, since during the consideration of the case in court, the right to submit additional evidence will be limited.

As a rule, we file a claim for deprivation of parental rights:

  1. plaintiff’s passport and tax identification number
  2. child’s birth certificate
  3. court decision to collect alimony
  4. case of arrears of alimony (we strongly recommend that you first collect alimony from the defendant, and then proceed to the procedure for depriving parental rights)
  5. documents on the ownership or right of use of residential property in which the child lives with the plaintiff;
    documents about the plaintiff’s financial condition (salary certificate, deposit receipt, etc.);
  6. a reference from a kindergarten or school, which will indicate that the defendant is not interested in the child’s life;
  7. a conclusion from a psychologist from the school (kindergarten), which may indicate that the child does not know the defendant and does not consider him his father;
  8. documents indicating a poor character of the defendant (court verdicts, certificates of registration in drug treatment, etc.);
  9. statement to call witnesses

Submitting the necessary package of documents and evidence for this case 90% guarantees a positive result.

Also on the site the following materials may be useful to you: Actual marital relations, Adoption of a child, Parents’ right to a child, Father’s rights to a child, Divorce, Collection of alimony, Division of marital property.

Voluntary abandonment of a child

It is impossible to voluntarily give up a child. If the parent is not against the deprivation of parental rights, he can admit the claim in court, or submit a notarized application to the court for recognition of the claim. In this case, the court will make a decision on deprivation of parental rights.

The right to visit a child whose parental rights have been deprived

A parent who has been deprived of parental rights has the right to meet with the child. Such a right can be granted by the court from a statement of claim.

In this case, the court will take into account the characteristics of the plaintiff, the procedure for paying him alimony and other circumstances indicating that such meetings will be in favor of the child. In any case, meetings will be held in the presence of another person (mother or representative of the guardianship authorities).

Restoration of parental rights

A mother or father deprived of parental rights has the right to apply to the court with a claim for the restoration of parental rights, if they can prove in court that their behavior and circumstances, which were the basis for the deprivation of parental rights, have changed significantly for the better, and the restoration of parental rights rights will not violate the interests of the child.

When considering the case of renewal of parental rights of one of the parents, the court takes into account the opinion of the second parent, other persons with whom the child lives.

As a rule, restoration of parental rights is practiced in relation to children who were taken from their parents to orphanages.

Renewal of parental rights is impossible if the child was adopted and the adoption is not canceled or invalidated by the court, as well as if the child has reached the age of majority at the time the case is considered by the court.

Adoption of a child whose parents have deprived of parental rights

A child in respect of whom a decision has been made to deprive parental rights may be adopted. If necessary, changes may be made to the birth certificate of such a child in relation to the child’s parents, and the child’s last name, first name and patronymic name may also be changed.

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