Publication date: 05.06.2024
Deprivation of parental rights: grounds, procedure and consequences
Parenthood is not only a biological fact, but also a great responsibility. Unfortunately, not all parents are aware of this and properly perform their duties. In such cases, the legislation of Ukraine provides for the possibility of deprivation of parental rights. This is an extreme measure that is used in cases where other methods of influencing parents have not yielded results.
The grounds for deprivation of parental rights are clearly defined in the Family Code of Ukraine. They include:
1. Evasion of duties: if parents do not provide the child with the necessary food, clothing, housing, do not take care of his health and education.
2. Cruel treatment: physical, psychological or sexual abuse of a child.
3. Chronic alcoholism or drug addiction of parents.
4. Exploitation of a child, involvement in begging, theft, etc.
5. Conviction for an intentional crime against a child.
It is important to understand that the grounds for deprivation of parental rights must be serious and substantiated. For example, temporary financial difficulties or a one-time quarrel with a child are not sufficient reasons.
The procedure for deprivation of parental rights begins with the filing of a claim with the court. One of the parents, guardians, prosecutor, guardianship authority, or the child himself, if he has turned 14, has the right to apply. In the application, it is necessary to clearly indicate which actions (or inaction) of the father or mother became the basis for the lawsuit.
This is followed by a trial, during which both sides have the right to present evidence and testify. These can be:
- Testimony of witnesses (neighbors, teachers, relatives)
- Medical documents (in case of child abuse or illness)
- Certificates of non-payment of alimony
- Court decision on previous offenses
- Characteristics from the child's place of work or education
The court also takes into account the opinion of the child, if he has reached a sufficient age and level of development. An important role is played by the conclusion of the body of guardianship and care, which conducts an examination of the child's living conditions.
If the court decides that deprivation of parental rights is in the best interests of the child, it will grant the claim. After the decision enters into force, the father or mother loses all rights to the child, including:
- The right to education and communication
- The right to represent the child's interests
- The right to alimony and inheritance from the child
However, the obligation to pay alimony remains. Moreover, in some cases, the court may oblige the father, deprived of rights, to compensate the child for moral damage.
Deprivation of paternity is not irreversible. The law provides a chance for correction: a year after the court's decision, parents can apply for renewal of rights. But for this, they must prove that they have changed and are able to ensure proper upbringing of the child.
Special attention should be paid to the situation when the mother wants to deprive the husband of his parental rights. Sometimes this desire arises against the background of personal conflicts or divorce. However, the court examines not the relationship between adults, but rather the relationship of the father to the child. If he faithfully fulfills his duties, regularly sees the child and takes care of her, then there are no grounds for deprivation of rights.
Conditions for deprivation of parental rights include not only the actions of the parents, but also an assessment of the consequences for the child. The court is always guided by the principle of ensuring the best interests of the child. For example, if the father has problems with alcohol, but at the same time the child is emotionally attached to him and his behavior does not threaten her safety, the court can choose other measures of influence - from a warning to a temporary restriction of rights.
It is also worth mentioning a lesser-known aspect - the possibility of independent rejection of parenthood. According to the law, a father can file an application to waive his rights if he does not live with the child and does not participate in its upbringing. But this does not release him from the obligation to pay alimony.
The procedure for the termination of parental rights is a complex and emotionally stressful process. It requires careful preparation, collection of evidence and often professional legal assistance. Errors at any stage can lead to the rejection of the claim.
There is an opinion that deprivation of parental rights is a "punishment" for unscrupulous parents. In fact, it is not quite so. The main goal is to protect the child, to create a safe and favorable environment for him. In many cases, the very threat of deprivation of rights prompts parents to rethink their behavior and change for the better.
In conclusion, it is worth emphasizing: deprivation of parental rights is a last resort, which is used when all other methods have been exhausted. It has serious and long-term consequences for both the parents and the child. Therefore, before resorting to this step, it is worth trying other ways: family therapy, mediation, rehabilitation programs for parents with addictions. After all, in most cases, the best thing for a child is to maintain a healthy relationship with both parents.
