Deprivation and renewal of parental rights are primarily related to ensuring the interests of the child. Unfortunately, the procedure for deprivation of parental rights is difficult for children, so it is advisable to prepare for this procedure in advance.
We will advise you on all issues related to the deprivation of parental rights, namely:
- grounds for depriving the mother or father of parental rights;
- the right to apply to the court with a claim for deprivation of parental rights;
- legal consequences of deprivation of parental rights;
- arrangement of a child whose parents are deprived of parental rights;
- the right to visit the child;
- renewal of parental rights.
Grounds for termination of parental rights
There are such grounds for depriving a mother or father of parental rights:
- did not take the child away from the maternity hospital or from another health care institution without a good reason and did not show parental care towards him for six months;
- evade their duties of raising a child (if they reach the age of majority);
- child abuse;
- are chronic alcoholics or drug addicts (if they reach the age of majority);
- resort to any kind of exploitation of the child, force him to begging and vagrancy (if they reach the age of majority);
- convicted of committing an intentional crime against a child.
At the same time, a mother or father may be deprived of parental rights in relation to all their children or one of them. If the court, when considering a case on deprivation of parental rights, finds signs of a crime in the actions of the parents or one of them, it initiates a criminal case. The decision of the court on the deprivation of parental rights (after entry into force) the court sends to the body of state registration of acts of civil status at the place of registration of the birth of the child.
If the above grounds exist for the deprivation of parental rights, we will help you collect evidence, prepare and file a lawsuit for deprivation of parental rights, and thus, in court, deprive the parental rights of the parent who violates the rights of the child.
Who has the right to sue
If you fit into one of the following categories, then you have the right to file a lawsuit to terminate parental rights:
- one of the parents;
- guardian;
- trustee;
- the person in whose family the child lives;
- health care institution;
- educational or other children's institution in which the child is;
- body of guardianship and guardianship;
- prosecutor;
- the child himself, who has reached the age of fourteen.
Consequences of deprivation of parental rights
When deciding whether to file a parental termination claim, you should be aware that there will be legal consequences associated with doing so.
Thus, a person deprived of parental rights:
- loses personal non-property rights to the child and is released from the responsibility for his upbringing;
- ceases to be the legal representative of the child;
- loses the right to benefits and state benefits provided to families with children;
- cannot be an adoptive parent, guardian and custodian;
- cannot receive in the future those property rights related to paternity that he could have in the event of his disability (the right to support from the child, the right to a pension and compensation for harm in the event of loss of a breadwinner, the right to inheritance);
- loses other rights based on kinship with the child.
There is also the possibility, simultaneously with the deprivation of parental rights, to ask the court to decide on the collection of alimony for the child.
After deprivation of parental rights, the question arises about the arrangement of a child whose parents are deprived of parental rights.
Who will the child live with?
If the child lived with one of the parents who is deprived of parental rights, the court decides on the possibility of their further residence in the same residential area and may decide:
- a decision to evict the parent who is deprived of parental rights from the dwelling in which he lives with the child, if it is established that he has another dwelling in which he can settle;
- decision on the forced division of housing;
- forced exchange decision.
The child, at the request of the second parent, may be transferred to him. If the child cannot be transferred to another parent, according to their application, the grandmother and grandfather, adult brothers and sisters, other relatives of the child, stepmother, stepfather have a preferential right over other persons to transfer the child to them. If it is impossible to transfer the child to the above persons, he is transferred to the care of the guardianship and guardianship authority. Despite the transfer of the child to relatives, stepmother, stepfather, guardianship and guardianship authority, such a child retains the right to live in the living quarters in which he lived and can return to it at any time.
Restoration of parental rights
If you have been deprived of parental rights, but want to restore such rights over time, we will represent you in court, prepare and file an application for granting you the right to visit with your child and help you obtain permission for one-time or periodic visits with your child.
Mother, father, who were deprived of parental rights, have the right to apply to the court with a claim for the restoration of parental rights.
Renewal of parental rights is not possible if:
- the child has been adopted and the adoption has not been canceled or invalidated by a court;
- the child has reached the age of majority by the time the case is heard by the court.
The restoration of parental rights is a very important step and requires sufficient grounds, since the court will check how much the behavior of the person deprived of parental rights has changed and the circumstances that served as the basis for the deprivation of parental rights, and will also take into account the opinion of the other parent, other persons with whom the child lives. The risk of refusal of the court in the claim for the restoration of parental rights threatens with the possibility of re-applying only after one year from the date of entry into force of the court decision on such refusal.
Our attorneys and lawyers will prepare a claim for the restoration of parental rights, provide the court with evidence confirming a change in the behavior of a person deprived of parental rights for the better, act as representatives in negotiations with another parent, as well as persons with whom the child lives and whose opinions will be taken into account by the court when making a decision on the restoration of parental rights.
