Renewal of parental rights

When the state deprives a person of parental rights, such deprivation has an indefinite nature. However, there is an opportunity to renew the rights. Of course, this only happens in court, just like the deprivation procedure.

How this issue is regulated by current legislation

In order to restore parental rights, you need to prepare an appropriate lawsuit in court. Article 169 of the Family Code of Ukraine provides for this possibility. It is also important to mention Article 185 of the Civil Code of Ukraine, which deals with some serious restrictions related to filing an application. This can only be done personally by the parent who was previously deprived of the relevant rights. That is, it is impossible to submit an application through representatives, relatives or guardianship authorities.

What must be attached to the application

In addition to the statement of claim, you need to take care of the list of necessary supporting documents. Including:

• A court decision based on which you were deprived of parental rights. This document is essential to present, because it is this document that you will be contesting.
• Acts certifying the results of the examination of your living conditions. It is important for the state to understand that the child will live in proper conditions, where he will be provided with everything necessary for development.
• Characteristics. They should be both at the place of work and at the place of residence. The more people who can confirm that living with you really is in the best interests of the child, the greater the probability of a positive decision on the restoration of parental rights.
• Certificate from a doctor. Its character can be different. If the reason for the deprivation of parental rights was not the plaintiff’s bad habits, then the certificate simply records the appropriate current state of the person’s health. If the court’s decision on the deprivation of parental rights dealt with addictions, then it is necessary to provide documents certifying that the person has undergone treatment for them.
• The conclusion given by the guardianship authority that the plaintiff can indeed be restored to parental rights, and such a decision is in the best interests of the child.

In addition to all of the above, it is important to provide all other relevant evidence that will confirm that the person has eliminated the problems that caused the termination of parental rights. For a positive decision on the case, it is important to take special care of such evidence. You should not limit yourself to the minimally necessary list, because proper preparation for the court also indirectly testifies to the reliability of the person who seeks to restore parental rights.

Are there situations when it is impossible to renew parental rights?

Yes, similar situations can also happen. One of them is when the child was adopted, and this adoption has not been canceled. Another option is when the child for whom parental rights are sought to be renewed has reached adulthood.

Also, regarding the renewal of parental rights, it is important to know the following aspects:

• There are no time barriers for renewing parental rights, except for the child’s coming of age. This means that you can submit such an application after a month or a year, if the child was not adopted.
• The procedure for considering the case is determined by Article 175 of the Code of Criminal Procedure. The procedure of civil proceedings is provided for consideration.
• As for the plaintiff, he is a person who has been deprived of parental rights. The defendant may be different, depending on the specific situation. For example, it is often the second parent who takes care of the child. It can also be a body of guardianship and care. When we talk about third parties in such a case, we can also talk about the body of guardianship and guardianship or those with whom the children live.

A lawyer who supports such requests introduces the client to other important aspects of the case. The court will carefully check whether the reasons that became the basis for depriving a person of parental rights have really been removed.

Is the child’s opinion taken into account?

The child’s opinion is really taken into account during the trial. However, it does not have a decisive influence on the outcome of the case and is taken into account together with other evidence and factors. Sometimes the court makes a decision contrary to this opinion, if the interests of the child require such an option.

Specialists of the company “Prikhodko and partners” will provide high-quality legal support in the case of renewal of parental rights.