Unfortunately, not all people act responsibly with respect to their parenthood. In many cases, deprivation of parental rights is not a whim but a necessity.
This is because each of the parents (whether they are married, have common place of living, communicate with the child and how often) has the rights for the child, which have a considerable effect on the child’s life and can be used against him/her.
In which cases is the deprivation of parental rights possible?
According to the Family Code of Ukraine, the mother/father (one or both) can be deprived of parental rights, if he/she:
- didn’t took the child out of the hospital or other health care facilities and took any interest in the child within 6 months;
- is chronic alcoholic or addict;
- evades the responsibility for the raising of children;
- abuses the child;
- applies any form of exploitation to the child;
- is convicted of intentional crime against a child.
It is impossible to deprive the person having mental illness or being on a long business trip his parental rights. Less parenting is not intentional if another parent interferes with communicating with the child. Ukrainian legislation strictly applies to alimony in Ukraine and the abandonment of children without parental care. Therefore, any of the grounds will be checked.
Only civil proceedings can deprive the parents their legal rights as for their children. For this, you should collect set of documents, make a claim and bring it to the local court at the place of residence of the responder (the parent who is being deprived of his/her parental rights).
You can file a lawsuit in the place of your residence, it two conditions are met:
- the child lives with you;
- you are suing maintenance order along with the deprivation of parental rights.
Parents may be deprived of their rights for either one or all children on one lawsuit.
The application for the deprivation of parental rights can be submitted by the companies and institutions (frequently in respect of disadvantaged families), one of the parents, guardians, trustees or a person with whom a child lives, prosecutor and the kid himself (reaching the age of 14).
In practice, many mothers take this opportunity to sever all ties with the father of the child (for example, if they want to go abroad with the child, and the father doesn’t give a child an exit permit).
Some fathers don’t need a child at all. They can successfully pay alimony but don’t participate in the child’s life. In this case, former spouse has no choice but to apply to the court.
If you decided to deprive the unfair spouse of all rights to the child, you can’t do without the assistance of a lawyer. It must be not just a specialist with a law degree, but a true professional in family issues. Such expert will help you draw up an application, collect the necessary documents and build your position in court.