Legal opinion
Restoration of parental rights
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Legal opinion2 UAH 4,560.00
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Legal support for restoration of parental rights150 UAH 27,360.00
Legal support for restoration of parental rights
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Request to the executive service5 UAH 4,560.00
Request to the executive service
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.
When it is possible to restore parental rights
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. Restoration of parental rights is not possible in all cases. Even if the defendant eliminated all the reasons for the child's deprivation, the law provides for several cases when it is impossible to restore the lost rights.
There are two such situations in total:
- Adoption of a child. In order to restore parental rights, you will first need to cancel the adoption. That is, to go through the procedure of a court hearing regarding recognition of adoption as inappropriate or illegal.
- Coming of age. A capable and adult person does not need parental care. Therefore, there is no longer any talk of restoring the rights of parents.
So, in order to restore parental rights, you need to seek help and take action right away.
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 of parental rights?
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.
Restoration 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.
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