DEPRIVATION OF PARENTAL RIGHTS

Special attention was always paid to the issue of raising children. After all, children are poorly protected citizens of our country. According to the Family Code of Ukraine, parents are responsible for the life and upbringing of their children. But not all parents fulfill their parental duty in good faith. And then the question arises about the possibility of such parents being deprived of paternity.

Where should I contact?

It should be noted that the issue of deprivation of parental rights is resolved exclusively in court.

Who can file a lawsuit?

First of all, most applications for deprivation of paternity are submitted by guardianship and guardianship authorities.

But often such a lawsuit can be filed by one of the parents with whom the child lives.

Also, in accordance with the Family Code of Ukraine, the prosecutor and the head of the health care institution or educational institution where the child is can file a claim for deprivation of paternity.

The grounds

The grounds for deprivation of paternity are enshrined in Art. 164 of the Criminal Code of Ukraine. However, one of the reasons is the deliberate evasion of parental responsibilities. The evasion of parental responsibilities means that one of the child's parents does not take part in the child's upbringing, education, maintenance, development, etc. In fact, if a person does not pay alimony for six months, is not interested in his upbringing and development, does not try to communicate with the child, that is, he has removed himself from the performance of parental duties.

Procedure

As mentioned above, the procedure of deprivation of parental rights takes place only in the court process.

But before turning to the court, it is necessary to gather evidence that the person is evading the fulfillment of duties towards the child. Is a drug addict or alcoholic, does not communicate with the child, does not pay alimony, etc.

The second stage is to apply in writing to the guardianship and guardianship authorities to obtain a corresponding opinion on the appropriateness of the deprivation of parental rights. If there is a positive conclusion, you can apply to the court with a lawsuit.

Jurisdiction

As a general rule, the lawsuit must be filed at the place of residence of the defendant (the person who is deprived of parenthood).

Features

The main evidence that will be taken into account in the trial is the opinion of the guardianship authority. This opinion must state whether the termination of parental rights would be in the best interests of the child.

It should not be forgotten that a person who has been deprived of parental rights can renew them if there are sufficient grounds for this.

So, deprivation of parental rights is not a simple and long process. If one of the spouses evades the fulfillment of parental duties, then this is a reason for deprivation of parental rights. But we should not forget about the abuses that can occur in practice, and therefore it is better to use the services of specialists to avoid problems and misunderstandings regarding the fulfillment of parental duties.