Termination of parental rights

Deprivation of parental rights

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.

How to deprive a husband or wife of parental rights

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.

Parental rights termination procedure

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.

Grounds for termination of parental rights

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:

• Cruelty towards a child.
• Any exploitation attempts. Such cases include coercion into begging, prostitution, fraud or the performance of illegal acts.
• Rejection of the child.
• Leaving the baby in the maternity hospital for more than half a year.
• Immoral lifestyle of one of the parents. Proven alcoholism, drug addiction.
• Evoking parental responsibilities. For example, reluctance to devote time to the child, provide him with proper nutrition, clothing, education, treatment.
• Intentional crime or intent against a child.

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.

Is it possible to restore parental rights

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

1. Professional help;
2. Time saving;
3. Increasing the chances of winning;
4. Transparent pricing policy.

How can a lawyer help

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:

• Gathering characteristics of the participants in the case;
• Communication with guardianship bodies;
• Collection of evidence;
• Interviewing witnesses;
• Making a lawsuit;
• Representation of interests in court.

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

1. One of the parents;
2. To relatives trying to get custody of a minor;
3. To potential adopters;
4. Representatives of guardianship bodies;
5. To a child who has reached the age of 14.