WITHDRAWAL OF PARENTAL RIGHTS
Quite often, there are situations when parents do not want to take care of their own child. Pseudo-parents show their reluctance to deal with children by applying very traumatic methods for the young. The only way to protect the rights of the child is to deprive the parental rights of an unscrupulous father or mother. The question arises, where to start the process of taking away parental authority in order to prevent further destruction of the life of a native child? Fortunately, Ukrainian legislation does not allow anyone, especially biological parents, to neglect their responsibilities towards the child in relation to the normal physical and spiritual development of the child.
This procedure is complex, time-consuming, and also particularly responsible for all participants in the court case. It is important to turn to lawyers to correctly build a defense strategy from the beginning to the end of the case.
Conditions of deprivation of parental rights of a father or mother
The Family Code of Ukraine clearly regulates the reasons for which the father or mother is deprived of parental rights. This list is completed. It excludes adding some new reasons by any party. So, the beginning of the loss of parental rights are:
- refusal to take a newborn from the hospital without a valid reason for more than 6 months;
- malicious unwillingness to fulfill the responsibilities of raising a child, including neglect of the obligation to obtain secondary education at school;
- the use of physical or psychological violence against a child;
- alcoholism or drug addiction of parents;
- exploitation of a child for selfish motives;
- conviction of one of the parents to criminal liability for crimes against children.
The legal authority to appeal to the court is given to: the second of the parents, guardians, educational and health care institutions, the guardianship and guardianship authority, the prosecutor, or the child himself, provided that he / she has reached 14 years of age at the time of the appeal.
This list does not provide the right to go to court by other close relatives, namely: grandparents, full-age sisters or brothers. These persons are not granted the authority to appeal directly to justice. Likewise, these individuals have the primary right to transfer the child to them for further adoption.
Is it possible to deprive a father of parental rights for non-payment of child support?
Definitely, no, such a basis is not provided for by the legislation of Ukraine. The fact of non-fulfillment of the obligation to pay alimony has a debt nature, which cannot be a sufficient basis for the application of this measure of influence on the unscrupulous father. This fact can be considered by the court in case of deprivation of parental rights only in conjunction with other significant evidence of unwillingness to fulfill their direct duties. In each situation, you need to study in detail all the evidence and justifications of the parties.
How long does it take to terminate parental rights?
Considering that this process is very responsible and long-term, it will not work quickly to deprive a father or mother of parental rights. The court will investigate all the evidence in detail, demand it, and interrogate all possible witnesses. The final decision will be to terminate parental rights. It entails the loss of non-property privileges to participate in the upbringing and custody of the child, the right to remain a representative, including the child’s heir. Roughly speaking, this procedure completely removes the father or mother from the life of the child. The subject who has been deprived of parental rights is not exempt from the burden on the material content of his own child, that is, the payment of alimony is not canceled. To obtain protection of children’s rights, you must contact a qualified lawyer.