Publication date: 30.06.2024
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.
There are cases when one of the parents does not take part in raising a child, is not interested in his health, does not help financially and does not show any parental care without a valid reason. In such situations, the other party may be interested in the possibility of deprivation of parental rights.
According to Art. 164 of the Family Code, a mother or father may be deprived of parental rights in the following cases:
- If the child was not taken from the maternity hospital or other health care institution and for six months did not show any care for him without a valid reason;
- Eschew the fulfillment of responsibilities for raising a child or do not ensure that he obtains a full general secondary education;
- They apply physical or mental violence to the child, use unacceptable methods of education, humiliate his dignity, etc.;
- Are chronic alcoholics or drug addicts, which is confirmed by medical reports;
- Exploit the child, involve him in hard work, prostitution or criminal activity, force him to beg or wander;
- Convicted of an intentional criminal offense against a child.
So, the grounds for deprivation of parental rights, as we wrote earlier, are as follows
- Avoidance of parental duties. This may include refusal to participate in the upbringing of the child, material indifference or insufficient control over the child's behavior.
- Child abuse. This includes physical, psychological or sexual abuse.
- Abuse of parental rights. These are situations when parents use their rights to the detriment of the child, for example, forcing them to engage in criminal activity.
- Chronic alcoholism or drug addiction. Dependence of a father or mother can negatively affect the life and development of a child.
- Conviction of a father or mother for an intentional crime against a child. If the father or mother has been convicted of a crime that was committed against the child, this is a serious reason for the deprivation of parental rights.
- Leaving a child in a maternity hospital or other medical facility and refusing to pick it up without valid reasons.
Order and Procedure for Deprivation of Parental Rights
Let's consider in detail what is included in the order of deprivation of parental rights and the procedure for deprivation of parental rights:
- Appeal to the court. The procedure begins with the submission of an application to the court. This can be done by another parent, guardian, custodian, guardianship authority or prosecutor.
- Consideration of the case in court. The court considers the evidence provided and determines whether there are legal grounds for the deprivation of parental rights. Guardianship authorities, psychologists, and social workers may be involved in this process.
- The court's conclusion. If the court decides that the grounds for deprivation of parental rights are justified, a decision is made to deprive one or both parents of parental rights. How to deprive a husband of parental rights.
Conditions of deprivation of parental rights. Grounds for deprivation of parental rights as a primary issue.
Deprivation of father's parental rights. Deprivation of parental rights grounds. The question of how to deprive of parental rights or any other father or mother of parental rights is connected with certain conditions. The terms of deprivation of parental rights determine that the procedure can be started only if there are good reasons, confirmed by proper evidence. In addition, the decision on the deprivation of parental rights is made only when the intere children are seriously injured or there is a threat to their well-being.- Deprivation of parental rights is an extreme measure and is used only when other forms of child protection have proved ineffective.
- Termination of parental rights is not only a legal problem, but also a social problem that affects all parties. It is important that all parties involved - from parents to the judiciary - are aware of the full responsibility for such decisions.
Therefore, in order to deprive one of the parents of parental rights, it is necessary to file a lawsuit in court. This explanation is informative and is not a regulatory act. We invite you to come to us for an individual consultation if you are faced with the issue of depriving someone of parental rights. Deprivation of paternity is not a new topic for us and, in principle, legislation does not change so often in this direction. Deprivation of parental rights is not a very frequent request to contact our company, but it is thoroughly researched by our specialists. Therefore, we will help to deprive the one who has grounds for it of parental rights. We Now about deprivation of parental rights.
