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Restoration of parental rights

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Consultant # 1284
Consultant # 1284
Lawyer
Ukraine / Kyiv

i

Reading time: 7 minutes Total views: 106
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Publication date: 13.05.2024

The family is the most important center in society, and parental rights and responsibilities are indispensable for the full upbringing of a child. However, sometimes parents may be deprived of these rights due to certain circumstances. However, if the situation changes for the better, they have the opportunity to restore parental rights, which opens the way to family reunification.

Necessary steps to renew parental rights

The process of restoring parental rights is quite complex and requires a careful legal approach. The main step is to submit a claim to the court to restore parental rights. In the lawsuit, it is necessary to justify the reasons for which the parents consider it necessary to restore their rights, and to provide evidence that they can properly fulfill their parental duties.

The court carefully examines each case, taking into account the best interests of the child and his opinion (if he has reached the appropriate age). Evidence of correction of parents, their ability to provide decent living conditions and upbringing of the child, as well as the position of guardianship and guardianship authorities are also taken into account.

The procedure for renewal of parental rights: 

The procedure for restoring parental rights involves several stages:

1. Submission of a claim to the court with a detailed justification of the reasons for the renewal of rights, evidence of a change in circumstances and correction of parents.
2. Consideration of the case by the court, where the parties, witnesses, representatives of guardianship and guardianship bodies, as well as the child (if she has reached the appropriate age) are heard.
3. The court's decision to restore parental rights, guided by the best interests of the child and the available evidence.
4. Execution of a court decision, after which the parents are restored to their rights and responsibilities regarding the child.

It is important to understand that the restoration of parental rights is not an automatic process and depends on many factors, in particular, on the parents' efforts to correct the situation and provide decent conditions for the child.

Consequences of restoration of parental rights

If the court decides to renew parental rights, it will have a number of important consequences:

1. Restoration of the right to communicate with the child and participate in its upbringing.
2. Restoring the right to represent the child's interests and resolve issues of his life.
3. Restoration of the obligation to support the child and ensure its proper development.
4. Restoration of personal non-property rights of parents and child (surname, inheritance, etc.).

It is important to remember that the successful restoration of parental rights not only gives parents the opportunity to be part of their child's life again, but also ensures the child's right to a full-fledged family and proper upbringing.

Conclusions

Restoring parental rights is a complex legal process that requires serious consideration and effort from parents. However, if the circumstances are favorable, it can become a path to family reunification and ensuring proper upbringing of the child.

The state must make efforts to support families and provide them with assistance in difficult situations in order to prevent the need for deprivation of parental rights. At the same time, if such extreme measures have been taken, it is important to ensure that parents have the opportunity to remedy the situation and restore their rights, provided that the best interests of the child are respected.

Only with the cooperation of state bodies, society and the parents themselves can a balance be achieved between the protection of the child's rights and the preservation of family ties, which is the basis of the child's harmonious development.

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