RESTORATION OF PARENTAL RIGHTS AFTER LOSS
Deprivation of parental rights is a rather extreme decision, which is due to negative objective circumstances that forced the state, represented by the court, to isolate unscrupulous parents from their children as much as possible. After such a loss, it is quite difficult to regain parentage. However, due to the imperative nature of the law, this status can still be restored. The legislation clearly provides that the restoration of the parental rights of the father or mother is possible only after the final disappearance of the circumstances that caused such deprivation.
The procedure for the restoration of parental rights of a father or mother under the laws of Ukraine
The only possible way to restore parental rights after their deprivation is to file a statement of claim, including with a sufficient evidence base in court. Only the court is endowed with such a prerogative, no state body can help you with this. The parties in such a case will be: an individual or legal entity (institution) in which the child lives, the guardianship and guardianship authority, as well as the child himself (taking into account his age). The time frame after which you can go to court with such requirements is not provided by law. Therefore, it is possible to do this immediately after the decision on deprivation is made, in a month, even in a year. However, it is necessary to convince the court that during this time the negative factors that made them take such an extreme decision have really disappeared and the father or mother really got better, and even changed their way of life.
An important piece of evidence is the testimony of the parent with whom the child lives (if he is able to express his opinion in order to state this at the hearing). The guardianship authority also provides its written opinion on the advisability of restoring the parental rights of the mother or father. Considering this, the interests of the child himself are an important incentive of the court in making a decision.
There are two cases when the restoration of parental rights is impossible. The court automatically refuses. If, by the time the father or mother goes to court, their child has already been adopted or the child has reached the age of majority. Repeated appeal to the court with similar requirements is possible only after one year from the moment of the last appeal. Considering that this type of court case is rather complicated, we recommend contacting lawyers who have extensive experience in such cases.
Terms and evidence for the renewal of parental rights of a father or mother in Ukraine
The trial in this category of cases differs from others in the very large volume of responsibility of the judge in making the final decision, because it is the judge who decides the fate, taking into account the interests of the child and the evidence base of all parties. The terms for considering the restoration of parental rights after their deprivation depend on the amount of evidence submitted, the number of participants in the process and the nature of the conditions that led to such deprivation. The first thing to do is to correctly write a statement of claim detailing the arguments to support them with evidence.
Evidence can be: testimony of witnesses who can confirm that the person has changed, certificates from the place of work, income statement, the availability of housing conditions for the child, etc. Each specific case of restoration of parental rights of a father or mother has its own characteristics, therefore the volume and amount of evidence may differ. In any case, you need to contact experienced lawyers who, after examining the grounds for deprivation of parental rights, will be able to build a strategy on how to restore these rights in the shortest possible time.