Did you know the courts received 9,681 claims for deprivation parental rights in 2016? The judiciary satisfied 7,559 lawsuits of these. There were more than 500 applications next year. It is important to know the reasons for parental rights deprivation.
What does the “deprivation of parental rights” means in the legal world?
The Family Code of Ukraine clearly describes what a person loses when he is taken away paternity:
· Legal representation of the child’s interests
· The possibility of raising a child
· Non-property rights to the child
· The right to maintenance and inheritance from the child
The need to pay alimony remains. The child remains an heir after the parent‘s death in any case (even if this parent was deprived of parental rights). The creation by parents of dangerous factors for children does not always lead to deprivation parental rights. The child abduction mechanisms are often used. For example, to pass the children to another parent or relative or grandparent. The child can be taken to the guardianship authorities. This measure lasts as long as safe conditions for the child ‘s life and upbringing in his family will not be created.
Who has the right to apply for parental rights deprivation?
The women use this right often. It happens through depriving the parental rights of the fathers of their children. Why do they do it?
• A single mother is entitled to government assistance and additional leave annually
• This allows the mother to take a permission to travel abroad from the second parent
Men have the right to demand the parental rights deprivation of mothers by law. This happens rarely in practice. Who can else file a lawsuit for deprivation paternity?
• The official guardianship authority
• The State Prosecutor of Ukraine
• The child himself if he older than 14 years
• A person who actually lives with the child. For example, it could be grandparents
In what situations can parental rights be taken away?
The Family Code of Ukraine lists all the reasons for which parental rights can be taken away.
When can this happen?
• Evasion of parental responsibilities for raising a child
• Creating dangerous conditions for the child’s life when one of the parents in the family is ill chronic drug addiction or alcoholism
• Child abuse
The parents must take care of the spiritual and physical development of their children, their education and preparation for adult life. It is important to provide quality and balanced nutrition of the child, treatmen in order not to be deprived of parental rights.
When the courts in Ukraine lose you can turn to the European Court of Human Rights. For parents divorce with a child the court must define:
– child testimonies
– the fault of the parents
– evidence
You need a family lawyer help in such delicate legal matters. He will help to collect the necessary documents and prepare all applications and petitions to the court timely.
