Publication date: 17.05.2024
Deprivation of parental rights is an extreme measure in family law, which is used in cases of gross violation by parents of their duties regarding the upbringing and maintenance of a child. This issue is regulated by the Family Code of Ukraine and aims to protect the rights and interests of the child.
The grounds for deprivation of parental rights are defined in Article 164 of the Family Code of Ukraine. According to this article, grounds for deprivation of parental rights are:
1. Avoidance of fulfilling one's parental duties, in particular child support payments;
2. Child abuse;
3. Chronic alcoholism or drug addiction of parents;
4. Exploitation of a child, forcing him to beg and wander.
How to deprive of parental rights
The procedure for deprivation of parental rights begins with filing a lawsuit in court. A claim can be filed by one of the parents, a guardian, a guardianship authority, or a child who has reached the age of 14. During the trial, the court establishes all the circumstances of the case, listens to the explanations of the parties, witnesses and experts, examines the evidence and makes a decision based on the established facts.
In case of deprivation of parental rights, parents lose all rights based on the fact of kinship with the child, including the right to personal education of the child, the right to protect his interests, the right to represent his interests and manage his property. At the same time, they are not released from the obligation to support the child.
Deprivation of parental rights is an extreme measure that is used only when all other measures of educational influence on parents have proved ineffective. The court can also limit parental rights, instead of their complete deprivation, if it considers it sufficient to protect the interests of the child.
The conditions for the termination of parental rights are quite strict, as this decision has significant legal consequences for the parents and the child. The court carefully examines all the circumstances of the case and makes a decision based on the principle of ensuring the best interests of the child.
In cases where the father is deprived of parental rights, the child is usually transferred to the mother, if it is in her best interest. If the parental rights of the husband and wife are deprived, the child is transferred to the custody of the guardianship and guardianship body for placement in a family orphanage or other children's institution.
Deprivation of parentage is an extreme measure, which is used only in exceptional cases, when parents grossly violate their duties to raise and maintain a child. This decision has significant legal consequences, so the court carefully examines all the circumstances of the case and makes a decision guided by the principle of ensuring the best interests of the child.
