Grounds for deprivation of parental rights

Deprivation of parental rights is one of the most severe sanctions that can be applied to parents.

This measure is used exclusively in cases where the behavior of the parents poses a threat to the life, health or development of the child.

In this article, we will consider the grounds on which a decision on the deprivation of parental rights can be made in Ukraine.

1. Avoidance of parental responsibilities

One of the main reasons for the deprivation of parental rights is evasion of the duties of raising a child. This may include inadequate care, lack of concern for the child's health, education and development, or neglect of the child's needs. If parents deliberately do not fulfill their duties, this becomes grounds for intervention by guardianship authorities and the court.

2. Abuse of parental rights

Abuse of parental rights means their use contrary to the interests of the child. This may include coercion into begging, involvement in criminal activities, violence.

The court assesses the specific facts of abuse and may decide to terminate parental rights if it is proven that such behavior poses a threat to the child.

3. Chronic alcoholism or drug addiction

Addiction to alcohol or drugs is one of the most common grounds for termination of parental rights. Alcoholism and drug addiction prevent the adequate performance of parental duties, which endangers the physical and mental state of the child.

The court may take into account medical reports, testimony of witnesses and other evidence of parental dependence.

4. Child abuse

Cruel treatment is a serious reason for the deprivation of parental rights. This may include physical violence, psychological pressure, sexual harassment or other forms of abuse.

Evidence of ill-treatment can be presented in the form of medical reports, testimonies or other documents confirming the damage caused.

5. Leaving a child unattended

Leaving a child unattended or refusing to fulfill parental responsibilities, which leads to leaving a child in dangerous conditions, is also grounds for deprivation of parental rights. This applies both to the deliberate abandonment of the child in danger, and to situations where the parents do not provide the child with the necessary conditions for life and development for a long time. Such behavior can be qualified as abandonment and have corresponding legal consequences.

6. Conviction for crimes against the child or other parent

If one of the parents was convicted of a crime against the child or the other parent, this may be grounds for deprivation of parental rights.

The legislation provides that such behavior is incompatible with the fulfillment of parental duties and the court can make a decision in favor of the child, protecting his rights.

7. Reluctance to take the child from a medical or educational institution

If the parents do not take the child from a medical, educational institution or other social protection institution within six months without valid reasons, this may be grounds for deprivation of their parental rights.

This indicates indifference to the fate of the child and the inability to fulfill parental duties. Such situations often arise when parents are unwilling or unable to provide the child with the proper conditions for life and development.

So, deprivation of parental rights is an extreme measure applied in cases of serious violation by parents of their duties. The court carefully examines all the circumstances of the case, taking into account the interests of the child.

In practice each situation is unique and requires an individual approach to ensure proper protection of the child's rights and safety.

Lawyers and attorneys of the legal company "Prikhodko and partners" have many years of experience in this category of cases, from us you can get a detailed consultation with an analysis of the situation, help in forming a package of documents and a statement of claim, protection of interests during court hearings and in communication with representatives of the service in children and family affairs.