Deprivation of parental rights during martial law in Ukraine

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Deprivation of parental rights during martial law in Ukraine

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Parental rights and responsibilities are clearly defined by the legislation of Ukraine, which in turn provides for their observance by the citizens of our country.

However, in practice, situations often arise when parents do not properly educate their children or do not provide decent living conditions, etc.

This leads to the fact that the child's parents violate their parental duties and, as a result, it may lead to the deprivation of parental rights in the future. This shows the relevance of this topic.

In this article, we will talk about the peculiarities of deprivation of parental rights during martial law in Ukraine.

What are the legal grounds for deprivation of parental rights?

how to deprive the father of parental rights or how to deprive the mother of parental rights is quite common.

To give an answer to these questions, you should turn to the Civil Code, namely Article 164, which provides for the conditions under which persons can be deprived of parental rights:

  • if the father or mother, without a valid reason, did not take their child from the maternity hospital or other health care facility and did not show parental care for it for 6 months;
  • if the father or mother deliberately evades the fulfillment of their parental duties regarding the upbringing of the child, as well as the acquisition of the latter's full general secondary education;
  • if the father or mother uses psychological or physical violence, as well as humiliates the child, etc.;
  • if the father or mother has a chronic addiction to alcohol or drugs, which is confirmed by relevant evidence;
  • if the father or mother exploits the child, involving him in excessive hard work that harms his health, forces him to engage in prostitution or any other criminal activity;
  • if the father or mother are persons against whom a sentence has been passed for committing a criminal offense against a child.

What is the procedure for termination of parental rights?

First of all, it should be noted that the deprivation of parental rights takes place only in court, and there is no other mechanism for the deprivation of parental rights in accordance with the current legislation.

In order to deprive parental rights, the following actions must be taken:

  • first of all, it is necessary to establish that the citizen intentionally does not fulfill his or her parental duties and does not follow the recommendations given to him or her by the guardianship authority or the children's service. In addition, this fact must be documented;
  • duties defined by law ;
  • the final action will be the person's appeal to the judicial authorities with a claim for deprivation of parental rights.

Important! Parental rights can be revoked for children under 18 years of age.

What documents are required to revoke parental rights?

  • certificate of family composition ;
  • income certificate of parents;
  • child's birth certificate;
  • characteristics from the place of work of the parents and from the place of their permanent residence;
  • conclusion of a psychologist after a conversation with the child;
  • act of examination of living conditions of parents and child;
  • characteristics from the child's place of study.

This list is incomplete and may be supplemented depending on the circumstances of a specific case.

If they want to deprive you of your parental rights, then in this case, contact qualified lawyers - Prikhodko and Partners law firm.

Our specialists have considerable experience and knowledge in the field of family law, which allows them to properly study all the circumstances of your case and provide the most appropriate solution that fully satisfies the client's interests. Get in touch!

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