FOR WHAT CAN I DEPRIVATE PARENTAL RIGHTS?

Deprivation of parental rights is one of the most severe measures of family law influence.

It is not applied automatically only because of a conflict between parents, hostile relations after the dissolution of marriage, or a lack of communication between the former spouses.

The court's focus in this category of cases is always on the rights and interests of the child, as well as the presence of precisely those grounds that are directly stipulated by law.

The legal regulation of this issue is primarily enshrined in Articles 164–166, 169 of the Family Code of Ukraine.

These norms specifically determine the conditions under which a person can be deprived of parental rights, who has the right to appeal to the court, what legal consequences such a decision has, and whether the restoration of parental rights is possible in the future.

For what exactly can parental rights be deprived?

The grounds for the deprivation of parental rights are exhaustive. This means that the court cannot deprive a person of parental rights for reasons that are not provided for in Article 164 of the Family Code of Ukraine.

That is why in such cases, the correct definition of the legal basis of the claim is crucial.

A father or mother can be deprived of parental rights if they:

• did not take the child from the maternity hospital or another healthcare institution without a valid reason and did not show parental care for the child for six months
• evade the performance of their duties regarding the child's upbringing
• treat the child cruelly
• are chronic alcoholics or drug addicts
• resort to the exploitation of the child, force them into begging or vagrancy
• are convicted of committing an intentional criminal offense against the child

Specifically, one of these grounds, or several simultaneously, must be proven by proper and admissible evidence.

What does the evasion of parental duties mean?

In practice, lawsuits for the deprivation of parental rights are most often based precisely on the evasion of parental duties.

At the same time, the mere absence of an ideal relationship with the child or irregular communication does not automatically mean the existence of grounds for such a lawsuit.

The court assesses:

• whether the mother or father participates in the child's life;
• whether they care for their health, physical;
• spiritual and moral development;
• whether they create proper living conditions;
• whether they provide for nutrition, treatment, education;
• whether they are interested in the child's inner world, their needs, and safety.

If a person systematically removes themselves from these duties, does not support the child financially, and practically does not participate in their life, such behavior can be qualified as evasion of parental duties.

In similar cases, it is important to show specifically prolonged, conscious, and culpable behavior, and not one-time or situational circumstances.

Is it enough that the father does not pay alimony?

Non-payment of alimony is a significant circumstance in itself, but it does not automatically mean the existence of grounds for the deprivation of parental rights in every case. The court assesses the person's behavior in its totality.

If, at the same time, there is a complete absence of participation in the child's upbringing, a lack of interest in their life, and neglect of the child's health, development, and education, this may indicate evasion of parental duties.

Thus, usually, what is important is not only the debt on alimony payments but also the general behavior of the mother or father towards the child.

What circumstances does the court take into account

In cases concerning the deprivation of parental rights, the court examines not only the formal reference to Article 164 of the Family Code of Ukraine but also the real circumstances of family life.

For the court, it matters whether the person's behavior is culpable, whether it is prolonged, and whether such behavior genuinely violates the rights and interests of the child.

In particular, the court may consider:

1. the duration of self-removal from the child's upbringing
2. the presence or absence of financial assistance
3. participation in the child's treatment, education, and daily life
4. the person's behavior towards the child
5. the conclusion of the guardianship and custody authority
6. other evidence characterizing the real attitude towards the performance of parental duties

At the same time, the conclusion of the guardianship and custody authority itself does not have pre-determined force, but it is one of the important pieces of evidence that the court evaluates along with other materials in the case.

When can the court refuse to deprive parental rights?

Deprivation of parental rights is an extreme measure, and therefore courts approach this category of cases with particular care. If the plaintiff does not prove the grounds provided by law, the court will refuse to satisfy the claim.

The court may also critically evaluate a situation where the appeal to the court is actually related not to the protection of the child but to a conflict between adults.

It is also important to consider that difficult life circumstances cannot be equated with culpable behavior.

If a person does not perform their duties properly due to a severe illness, objective impossibility, or other reasons beyond their control, this requires a separate legal assessment.

In this category of disputes, the court must always establish precisely the presence of culpable evasion or another ground provided by law.

Who has the right to appeal to the court?

The right to appeal to the court with a claim for the deprivation of parental rights belongs not only to the mother or father of the child.

This right may also belong to:

• a guardian;
• a curator;
• a person in whose family the child lives;
• the guardianship and custody authority;
• a healthcare institution;
• an educational institution;
• a prosecutor;
• as well as the child themselves if they have reached the appropriate age provided by law.

This means that the law proceeds from the priority of the child's protection, and not just the formal status of the parents.

What are the consequences of the deprivation of parental rights?

A court decision on the deprivation of parental rights entails serious legal consequences.

The person loses personal non-property rights regarding the child:

1. ceases to be their legal representative;
2. loses the right to benefits and state assistance related to the child;
3. and also cannot claim separate rights in the future that stem from the very fact of paternity or maternity.

At the same time, the deprivation of parental rights does not release the obligation to support the child. This is fundamentally important, as in practice, there is sometimes a misconception that after such a decision, the person no longer owes the child anything.

In fact, the obligation to pay alimony remains.

Can parental rights be restored?

Family law provides for the possibility of restoring parental rights through court procedure. However, this is not an automatic procedure.

The person must prove that their behavior has changed, the circumstances that served as the basis for the deprivation of parental rights have been eliminated, and the restoration of such rights will correspond to the interests of the child.

In each case, the court evaluates the specific circumstances, the person's behavior after the deprivation of rights, their attitude towards the child, and the actual possibility of restoring full parental care.

What evidence is relevant in the case?

In cases concerning the deprivation of parental rights, the evidence base is crucial. It is not enough merely to state in the claim that the father or mother is not involved with the child.

These circumstances must be confirmed documentarily and properly substantiated.

Depending on the grounds of the claim, the following may be relevant in the case:

• acts of living conditions inspection;
• character references;
• certificates;
• medical documents;
• court decisions;
• verdicts;
• documents on alimony payment debt;
• correspondence;
• photo materials;
• conclusions of the guardianship and custody authority;
• witness testimonies and other evidence.

The main task of a lawyer in such a case is not only the formal drafting of the claim but the correct construction of the legal position and the selection of evidence specifically for the concrete ground provided by law.

Lawyer services in cases of deprivation of parental rights

Cases regarding the deprivation of parental rights require particularly careful preparation, as they concern the fundamental rights of the child and have long-term legal consequences for the parties.

A lawyer:

1. analyzes the circumstances of the case;
2. determines whether the grounds provided by law exist for appealing to the court;
3. assesses the prospect of the dispute;
4. forms the legal position;
5. prepares the statement of claim and represents the client's interests in court.

Professional legal assistance in this category of cases allows for the correct determination of the subject and grounds of the claim, collection of proper and admissible evidence, avoidance of procedural errors, and ensuring effective protection of the child's rights and interests.

If you need to prepare a lawsuit for the deprivation of parental rights or receive full legal support for the case, a lawyer will provide legal assistance at every stage of the court process.