Restoration of parental rights
The state cares about the well-being of every child. That is why improper fulfillment of parental obligations can lead to deprivation of the right to a child. The measure is strict, but necessary. This does not mean that the child has been taken away forever. Renewal of parental rights is possible if the parents wish to change their own lives.
Under what conditions is it possible to provide a service for the restoration of parental rights?
For the successful consideration of the case, it is important to comply with certain conditions that indicate a change in circumstances and the willingness of the parents to fulfill their obligations:
- Change in circumstances. Absence of circumstances that served as a basis for the deprivation of parental rights (for example, treatment for addiction, change in lifestyle) or the presence of evidence of an improvement in the material, social or psychological situation of the parents.
- Compliance with the interests of the child. Ensuring safe and comfortable conditions for the child's residence and development and taking into account the child's wishes (if necessary and appropriate age).
- Legal preparation. Providing the necessary documents: a court decision on the deprivation of parental rights, characteristics, certificates of income, place of residence, etc. and participation in court sessions in order to prove changes in behavior and circumstances.
- Support of specialists. Support from an experienced lawyer or advocate specializing in family law and obtaining recommendations from social services, if provided for by law.
Compliance with the conditions and proper preparation will help protect the child's rights and restore the parents' ability to participate in their child's life.
Legal recovery process
Deprivation of parental rights is indefinite. Once performed, the procedure will be permanent. Restoring parental rights is possible only in court. That is, you cannot do without the services of a lawyer. There is no statute of limitations for starting the process. You can resort to the procedure either a month or several years after deprivation.
The procedure for renewing parental rights involves a comprehensive consideration of the case. First of all, they must be interested in the child's opinion about returning to his parents. But it is more important to provide the court with evidence of a return to normal life and the ability to fully care for the child. You need to deal with recovery yourself with the help of a lawyer. It will not work to involve guardianship authorities in this case, or to hand it over to trusted persons.
Advantages of contacting a lawyer
Each situation is quite individual, so contacting a lawyer provides the following benefits:
- Getting comprehensive advice on the case;
- Preparation and collection of necessary documents;
- Drafting a statement of claim;
- Increasing the chances of getting the desired decision.
With legal assistance, the result will be successful and the process will be much faster.
Grounds for restoring parental rights
Each family is individual. And therefore, the reasons for which the parents were deprived of their rights to the child also differ. It can be antisocial behavior or lack of funds to provide the child with decent living conditions. In any case, first of all, the cause of deprivation must be eliminated. That is, if the court decides that the parents' conditions have sufficiently improved, it will issue a decision on the restoration of parental rights.
The procedure begins directly with the filing of a claim for the restoration of parental rights. It may also require the following documents:
- Court decision on deprivation of parental rights. It is he who will be challenged in the course of the case.
- Characteristics from the place of work and residence. You need to collect as many of these posts as possible. The more people confirm that the parents are able to provide the child with decent conditions, take care of him, the higher the probability of getting the desired court decision.
- Act of inspection of housing conditions. The commission will establish whether the parents have the conditions for the child's residence. As a rule, this means having a child's own room, as well as a place for studying, eating, etc.
- Medical documents. Their content depends on the reasons for deprivation of parental rights. If they do not relate to bad habits, a conclusion about a normal state of health is sufficient. If the cause was alcoholism or drug addiction, then certificates of treatment and rehabilitation will be required.
- A certificate from guardianship authorities. The document must confirm that it is in the best interests of the child to return to the parents.
If the parents are really interested in restoring the rights. should collect as much evidence as possible that their living conditions have changed for the better. The court always acts in the interests of the child. Therefore, you should not limit yourself to the minimum package of documents. Our specialists will help you collect everything you need, file a claim, and also go through all the stages of a complex and exhausting process with you.
How to increase the chances of successful restoration?
Eliminate the causes of deprivation of rights. Demonstrate to the court that all the circumstances that led to the deprivation have been corrected.
Confirmation of changes in life. Provide documents confirming that your living conditions, employment, medical condition, etc. have improved.
Professional support. Get legal assistance in drafting a statement of claim, collecting evidence and representing your interests in court.
ConclusionRestoration of parental rights is a difficult but realistic process for those who want to return to full parenthood. The main goal is to prove that the child will grow up in favourable conditions. The involvement of experienced lawyers greatly simplifies this path and increases your chances of success.
