The process of deprivation of parental rights
Family relationships are not easy. The responsibilities that arise from this relationship must be fulfilled by all family members. If they are not fulfilled, it is possible to deprive both the mother and the father of parental rights. This process is long and exhausting for all parties, since it requires not only physical effort, but also moral endurance.
Deprivation of parental rights of a mother or father
First of all, it should be noted that the resolution of cases in this category requires thorough preparation, because they relate to the rights and interests of children. A qualified lawyer will help you start the process of deprivation of parental rights, tell you how to do it correctly and in the most beneficial way for the child’s interests.
To start in Ukraine follows from the application for the deprivation of parental rights of the father (mother). Such an application is filed with the local court in the area where the deprived parent lives. It can be submitted by another parent or guardian / caregiver or person with the child, such as a grandparent, aunt / uncle, or others. In such cases, the guardianship and guardianship authority must always be involved, which can also apply.
It is interesting to know that the prosecutor is also entitled to submit the aforementioned application. Therefore, if the parents have problems with the law, the prosecutor can go to court to protect the child from the harmful influence of would-be parents.
Also in Ukraine, a child who has reached the age of 14 can apply for the deprivation of parental rights. In dysfunctional families, it often happens that children grow up without the necessary supervision from their parents, therefore they are forced to defend their rights themselves.
This procedure is one of the most unpleasant in family relationships, but a qualified lawyer will help you do everything according to the law to protect you and / or children from the harmful influence of parents.
Application for deprivation of parental rights of the father (mother)
Any litigation should begin with a claim, which will be competently drafted, will immediately create a holistic picture for the court and will prompt the correct resolution of the dispute.
An application for deprivation of parental rights should be submitted in the following cases:
- if the parents do not fulfill their duties, namely, they are not engaged in the upbringing of the child, his school development, that is, they do not ensure her visits to educational institutions,
- if the parents are cruel to the child, it can be both physical and mental abuse, all kinds of humiliation,
- if there is a medical opinion established that the parents are chronic drug addicts and / or alcoholics,
- if parents exploit the child, that is, use him as a means of profit or earnings,
- if the parents have committed a deliberate crime against their child and others.
It should be noted that each of these grounds for filing an application for deprivation of parental rights requires documentary evidence. In order to collect all the necessary documents and draw them up correctly, you should contact lawyers who specialize in this area. They will be able to provide a quick review of the process and its solution.
Article on deprivation of parental rights
Legislation in Ukraine provides for a special normative act regulating relations between spouses, parents, parents and children. This law is called the Family Code of Ukraine. It contains the main articles governing the deprivation of parental rights, namely from the grounds (Article 164 of the CKU) and to their updating (Article 169 of the CKU). Also, this code contains a provision on where and with whom the child should be after the deprivation of his parents or one of them of parental rights.
It is also important that the law establishes an article on the legal consequences of deprivation of parental rights. That is why, before applying to the court, you should familiarize yourself with the consequences that may occur if the claim is satisfied.
A qualified lawyer will help you and explain all the legal details of this procedure.
How long does it take to terminate parental rights?
In Lviv, the procedure for deprivation of parental rights takes two to three months. Since there is a trial, everything depends on the workload of the judicial authorities, the judge who is considering the case, the preparation of materials for going to court.
A family lawyer will provide advice on your specific case of deprivation of parental rights.