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Deprivation of Parental Rights

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Publication date: 27.12.2024

Deprivation of parental rights is a complex and very serious legal process that is applied only in the most extreme cases when all other methods of family support and child protection have not yielded positive results. This procedure is strictly regulated by the provisions of the Family Code of Ukraine and is aimed at ensuring the best interests of the child, which is the main priority in such cases. The court can apply the deprivation of parental rights only in situations where the preservation of such rights poses a real threat to the child's well-being or safety. The court makes this decision only in the presence of substantial evidence and under conditions of extreme necessity.

 

 

Grounds for Deprivation of Parental Rights

Deprivation of parental rights is an extreme measure used to protect the rights and interests of the child in cases where the behavior of the parents or one of them threatens the health, life, or normal development of the child. According to Ukrainian legislation, there is a clear list of circumstances under which a court can decide to deprive parents of their rights concerning the child. Such grounds include:

  1. Cruel and improper treatment of the child, which can harm their physical or mental health.
  2. Systematic failure to fulfill parental duties, which endangers the development and upbringing of the child.
  3. Abuse of parental rights, which can lead to negative consequences for the child.
  4. Committing a crime against the child, indicating dangerous behavior by one of the parents.
  5. The presence of chronic alcoholism or drug addiction, which hinders the fulfillment of parental duties.

Additionally, persistent evasion of paying alimony can also be grounds for such a decision. The court usually evaluates the case comprehensively, considering all details. Each individual case is reviewed to ensure a fair and objective decision aimed at protecting the rights and well-being of the child.

The Role of an Attorney in Such Cases

Engaging a qualified attorney in cases of deprivation of parental rights is an extremely important step. A children's rights lawyer  works exclusively in the interest of the child and meticulously analyzes all the details of the case. The attorney's responsibilities include:

  • Detailed analysis of the situation to identify all possible arguments for or against the deprivation of rights.
  • Collecting necessary evidence that can confirm or refute the allegations.
  • Preparing legal documents that comply with legislative requirements and accompanying the client at all stages of the court process.

A children's rights lawyer Kyiv ensures proper representation of the plaintiff's interests, explains the legal aspects of the case, and supports the client in emotionally tense situations. Legal support allows focusing on protecting the child's interests, reducing the stress level associated with court proceedings. An experienced attorney can also help find alternative solutions that may prevent the deprivation of parental rights, such as participation in rehabilitation or psychological assistance programs.

Help from Qualified Specialists

Children's rights lawyer  from the legal service "Consultant" are ready to provide professional support in cases of deprivation of parental rights. A free consultation with a child protection attorney in Kyiv will help you get an objective assessment of the situation and determine the optimal action plan to protect the child's interests. The child protection attorney will ensure not only legal but also moral support, guaranteeing professional assistance at every stage of the process.

 

Qualified support: the lawyer provides professional consultation and represents the client's interests.  

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Legal documentation: assistance in preparing all necessary documents.  

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Moral support: psychological support in difficult situations.

 

Question

Can parents appeal the court's decision on deprivation of rights?  

Answer

Yes, parents have the right to appeal the court's decision in an appellate manner.

Question

Is it possible to deprive parental rights for an adult child?

Answer

Children over 18 years old cannot deprive their father or mother of parental rights. Children after the divorce of parents

Conclusion

Deprivation of parental rights is a very responsible step that the court applies only in exceptional cases when all other options have been exhausted. An experienced children's lawyer will help you defend your rights and those of your child, ensuring the most favorable outcome even in the most challenging circumstances.

 
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