Publication date: 05.06.2024
Graduated lawyer with experience of more than 7 years with experience in the field of public procurement, civil, administrative law and document drafting, expert in communication and dispute resolution, author of a legal blog and social media.
Parents must take care of their children, and this rule does not change even in war. When one or both parents refuse to fulfill their responsibilities, or even worse — harm the child, these are legal grounds for deprivation of parental rights. If one of the parents is not interested in the child, does not help financially and ignores the child in every possible way, the other parent thinks about the deprivation of parental rights. In such a situation, it is worth contacting a qualified family law attorney who will be able to properly assess the situation and help resolve it.
Deprivation of parental rights grounds
Grounds for deprivation of parental rights, according to current legislation, can be as follows:
the child was not taken from a maternity or other health care facility without reason and parental care was not found within six months;
evasion of duties related to raising a child. This is deliberate ignoring of the child's needs, non-payment of alimony, etc. This must be systemic behavior;
child abuse. Violence against a child is one of the key grounds for deprivation of parentage. This refers to violence by parents or their roommates with the parents' tacit consent;
chronic drug addicts or alcoholics. A medical opinion will be required; child exploitation. This refers to the coercion of begging and vagrancy;
convicted of an intentional criminal offense against a child. A court order is required.
Termination of parental rights
The procedure for deprivation of parental rights is clearly regulated by the current legislation. One of the parents, a guardian or custodian, as well as a health care institution, an educational or other children's institution, as well as the child herself, if she has reached 14 years of age, can file a lawsuit for deprivation of father's parental rights rights or the mother's maternal rights. Parental rights can be revoked only in relation to children who have not reached the age of 18.
Procedure for deprivation of parental rights: procedure
In accordance with the established order on deprivation of parental rights, it is necessary:
to establish that the person deliberately violates parental duties, does not fulfill the requirements of guardianship and guardianship authorities, evades treatment (alcoholics, drug addicts) and collect evidence;
apply to the guardianship authority to obtain an opinion on the child's living conditions, the parents' behavior and their relationship with the children;
apply to the court with a statement of claim and evidence.
After the court decision enters into force, it will be sent to the state registration body of civil status acts at the place of registration of the child's birth.
How to deprive of parental rights. Regarding how to deprive a man of parental rights who does not pay alimony how to deprive a husband of parental rights and does not fulfill his duties regarding the care and education of the child, it is worth contacting a qualified lawyer who will assess the situation and the chances of the possibility of deprivation of rights to the child.
Deprivation of paternity: what documents are needed
The conditions of deprivation of parental rights include the provision of a large list of documents:
a copy of the applicant's passport;
a certificate of the child's place of residence together with the mother (father) and confirmation of the child's maintenance;
a copy of the child's birth certificate;
a copy of the divorce certificate (if available);
written opinion of guardianship and care authorities;
a description of the child's place of education with an indication of parents' participation in education;
certificates from medical institutions, preschool institutions, sports sections, etc.;
a certificate from the mother's (father's) place of work, income data (of the parent applying for the deprivation of parental rights);
characteristics of the mother (father) from the place of work or residence;
the conclusion of a psychologist after a conversation with the child (a psychologist of the institution where the child studies or a psychologist of the body of guardianship and care);
evidence of alimony debt;
doctors' opinions confirming the addiction of one of the parents to drugs or alcohol;
evidence of child abuse, etc.
The evidence must confirm the guilt of one of the parents and indicate unwillingness to change.
At the same time, it is possible about deprivation of parental rights, but this is a long and difficult procedure, because it is necessary to convince the guardianship authorities of the desire to change and participate in the child's life. Usually, in this case, a probationary period can be appointed or short-term meetings can be arranged in the presence of the other parent or representatives of guardianship or guardianship authorities.
