Deprivation of parental rights through court
Deprivation of parental rights is an undesirable measure applied to parents who do not support and do not support their children financially. Deprivation of parental rights is extremely undesirable for both the parent and the child, therefore the court makes such decisions quite rarely, when it is impossible to do without deprivation of parental rights.
Such claims are considered exclusively in court. The legislator establishes the mandatory presence of a prosecutor and a representative of the guardianship and trusteeship body at the court session.
Grounds for deprivation of parental rights
One of the grounds for deprivation of parental rights is the failure of the parent to fulfill the obligation to raise, maintain the child, and create obstacles for him to study.
The second reason is the abuse of children, the use of psychological or physical violence against them, and the abuse of parental rights.
Third, the mother or father can be subjected to this measure if they involve the child in antisocial behavior (alcohol, drug use, immoral lifestyle, etc.).
It must be borne in mind that persons with mental illness cannot be deprived of parental rights if they do not suffer from chronic alcoholism or drug addiction.
Other grounds for deprivation of rights are the refusal of the parents to raise the child, as well as the expiration of 6 months after the child was taken away from the parents.
Jurisdiction of cases on deprivation of parental rights
Claims for deprivation of parental rights can be filed both at the place of residence of the defendant and at the place of residence of the plaintiff. Such claims can also be filed in court at the place of residence of the child if he is being brought up in an orphanage.
Deprivation of parental rights at the initiative of a child
In the event that a statement of claim is filed with the court for the deprivation of parental rights by the guardian, guardian of the child, as well as by the other parent, the child himself is considered the plaintiff in the civil case.
In case of deprivation of parental rights at the initiative of the child, the court requires evidence of the existence of grounds for deprivation of parental rights (acts of the guardianship and guardianship authority, testimony of representatives of the kindergarten, school, photographs, written evidence).
Deprivation of parental rights at the suit of the prosecutor
A person who finds that the rights and interests of the child are being violated is obliged to notify the relevant authorities, including the prosecutor.
As a response to the appeal in the interests of the child of any person or body that has learned about the violation of the rights of the child, the prosecutor can issue an order, or can file a claim in court to deprive the “negligent” parent of parental rights.
Deprivation of parental rights for non-payment of alimony
For systematic non-payment of alimony, a parent can be deprived of parental rights. In this case, the ground for deprivation of rights is the failure to fulfill the obligation to support the child.
Systematicity consists in non-payment of alimony two or more times in the period when the person had to pay alimony. If the parent does not have grounds to justify him (illness, etc.), then he may be deprived of parental rights.
Consequences of deprivation of parental rights
In case of deprivation of his parental rights, the parent cannot raise the child, is not his legal representative in kindergarten, school and other institutions. The parent loses all rights in relation to the child. These rights include:
– the right to inherit after the death of a child;
– the right to content;
The parent will also not receive a pension after the death of the child.
However, it should be remembered that parents are in any case obliged to financially provide for their children. Simultaneously with the deprivation of parental rights, a claim for compulsion to pay alimony may be filed.
The Role of a Lawyer in Cases of Deprivation of Parental Rights
In order to get legal assistance in such difficult cases as deprivation of parental rights, you can contact a lawyer.
A lawyer has the right to file a statement of claim in court by power of attorney issued by the second parent, guardian, or trustee. The statement of claim to the court must contain the grounds for the claim, the data of the defendant, the norms of the law referred to by the plaintiff.
Copies of birth certificates of children are attached to the statement of claim; acts of examination of living conditions of children; certificates from medical institutions about chronic alcoholism or drug addiction and other documents.
Legal protection in cases of deprivation of parental rights
As mentioned above, in order to protect the interests of the child, you can turn to a lawyer for help in drawing up a statement of claim, representing interests in court, etc.
The legislator, at the same time, gives the parent the opportunity to improve. So, if the court finds that the parent has changed his lifestyle, then at the suit of the “negligent” parent, his parental rights can be restored.
Denial of deprivation of parental rights
If the court finds that there are no reasons for making a positive decision, then it can refuse to deprive of parental rights. The court takes into account the personality of the parent, his characteristics from the place of work and other circumstances. If a minor is 10 years old, he can also express his opinion.
The court also rejects the claim if it is established that the parent is suffering from mental illness.
If you have questions related to deprivation of parental rights, and you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
