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Publication date: 26.07.2022
Number of views: 23
In the absence of a conclusion by the tutorship and guardianship agency that it is advisable to withdraw parental rights, the lawyer submits an application to the relevant authority and also represents the client during the Commission session. If there is such a conclusion, this step is skipped.
The lawyer describes the circumstances of the case, makes normative and legal reasoning, analyzes the court practice and executes the claim for the deprivation of parental rights, and, if necessary, prepares and sends the lawyer’s requests.
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, by agreement with the client, sends the generated receipt for payment of the court fee to the bank, or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment.
The lawyer submits the claim to the court, supervises the judicial process and represents the client’s interests in court during the case of deprivation of parental rights.
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Far from always, both parents properly fulfill their own duties. That is why cases of deprivation of parental rights are not rare. They can be initiated by guardians, the social security service or one of the spouses. In any case, these are emotional and complex matters. It is impossible to do without the help of a specialist when considering them.
The most widespread are the cases of deprivation of parental rights of the father. As a rule, children stay with their mother after divorce. And in many cases, the husband eventually stops helping and completely disappears from the child's life. Because of this, the mother initiates the case. The mother can also be deprived of her rights to the child. But such cases are much rarer. Usually the court tries to protect the child by taking the side of the mother. Such cases are very complex and require the involvement of an experienced lawyer.
It should be taken into account that the state first of all cares about the rights and protection of the child. Therefore, the procedure for the deprivation of parental rights involves a court hearing. It is an emotionally and legally very complex process. After all, the plaintiff must prove that the defendant threatens the safety of the child or improperly performs his duties. Cases initiated by one of the parents are considered especially carefully. Often, after a divorce, one of the spouses, using the children, tries to take revenge on the other for their own experiences. During court proceedings, attention is paid to the evidence provided by both the plaintiff and the defendant. The court, guided by common sense, first of all tries to ensure the protection of the child.
Everything that parents must provide to a child is written in the Family Code. Accordingly, violation of the specified rules may be grounds for deprivation of parental rights. That is, any situation where one or both parents put the child's life in danger, or do not ensure the fulfillment of his rights to education, treatment, etc.
Conditions for deprivation of parental rights:
It should be taken into account that the grounds for deprivation of parental rights are not intended to increase funding from one of the spouses. That is, it is impossible to deprive parental rights due to insufficient alimony or non-payment thereof. In this case, another review should be initiated. Provide the court with justification that the child needs more money. For example, there is evidence that additional costs for treatment have increased, school fees have increased. If one of the parents deliberately refuses to pay alimony, it is necessary to initiate the issue of initiating a criminal case. In such cases, the possibility of deprivation of paternity can be further considered.
Yes, in most cases it is the reverse process. That is, if the parents have reconsidered their own behavior and are ready to provide the child with the necessary care and funding, parental rights can be renewed. But the process is no less complicated than deprivation. The court needs irrefutable evidence of the parents' ability to ensure the rights of the child. Restore parenthood if the child is adopted, it is even more difficult. Often, the court comes to the defense of new parents, and does not want to traumatize the psyche of the child with new moves.
Advantages of contacting a lawyer:
A lawyer can protect the rights of a child, plaintiff or defendant. In any case, before terminating parental rights, you should consult with a specialist. It is he who will help to figure out whether there are legal grounds for initiating the case.
A lot of materials are needed to consider such cases. The lawyer will undertake:
The lawyer is engaged in collecting certificates from medical institutions to prove an immoral life. He will engage in negotiations with neighbors and acquaintances. Witnesses do not always want to participate in court proceedings and often try to avoid them. In addition, the specialist will competently represent the client's interests before the judges. Thus, it will ensure an increase in the chances of obtaining the desired decision.
The services of a lawyer will be needed:
Our specialists will help protect the rights of the child. Many years of experience and a conscientious attitude to one's own duties guarantee quality and qualified assistance even in the most complex cases.
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