For what reasons under the law of Ukraine, one of the parents can be deprived of parental rights?
How can I revoke my parental rights?
Deprivation of parental rights: consequences?
There are situations when married couples have to break their unions for certain circumstances. Difficulties occur when a couple has a minor child. Often one of the parents threatens the other with deprivation of parental rights. Such threats come from men who try to intimidate a woman in this way, for whom her child is everything. That is why ex-wives refuse to jointly acquire property, accept the fact that the husband has a mistress and other things. However, this position is considered incorrect.
According to Ukrainian legislation, there is a certain list of reasons that are grounds for the deprivation of parental rights.
Part 1 of article 164 of the criminal code of Ukraine States that the deprivation of parental rights of a father or mother is possible in the following situations:
- When the parent did not take care to take the child from the hospital or other medical institutions for no good reason. Also, if the father or mother for 6 months after the birth of the child did not show him the necessary care and attention.
- If the father or mother abuse alcohol or take drugs.
- When a parent refuses direct responsibilities for the upbringing of a minor son or daughter.
- In the case of the hard treatment of children.
- Exploiting a minor child-forcing him to beg and wander.
- If the parent was previously convicted of violence against minors.
Ukrainian laws are on the side of the child, taking into account the moral and spiritual benefits. Even if the father is a well-to-do person who lives in a suburban multi-story building, and the mother rents an apartment or lives with her parents, then according to the law, the rights of the two parents are absolutely the same, regardless of their financial status.
Therefore, for the deprivation of parental rights, there must be weighty arguments. For example, deliberate evasion or neglect of parental responsibilities, refusal to raise their child.
This category also includes child abuse: physical or mental abuse, the use of prohibited educational measures, and all kinds of humiliations. If the parent is taking drugs or abusing alcoholic beverages, you will need supporting documents-medical certificates.
Child exploitation is when a parent forcibly forces a child to work, engage in prostitution, steal and commit other fraudulent acts, or beg on the street.
At the same time, it should be noted that the deprivation of parental rights is carried out exclusively in court. Consideration of such court cases takes place at the place of registration of the defendant (the person who will be deprived of parental rights). One of the parents, as well as a guardian, trustee, or another person who has a minor child in their family, has the right to file a claim with the local court. Representatives of guardianship and guardianship or a child who is already 14 years old can also file a claim. Representatives of the guardianship and guardianship authorities of the district where the child is registered must be present during court proceedings.
Representatives of guardianship and guardianship must make public in court the conclusion submitted in writing regarding the resolution of the dispute. This conclusion was made based on information obtained during the inspection of the housing where the child lives, after communicating with the parent and other persons who want to live with the child.
Besides, the judge may ask the child about who they want to stay with. However, the child’s opinion is not decisive in this case and often the court makes a decision contrary to the child’s opinion when it is important to protect their rights and interests.
Thus, threats from the father to deprive the mother of parental rights remain simple threats, since this procedure is quite complex.
Kasyanenko & Partners Law Company lawyers have extensive experience in resolving legal disputes concerning the deprivation of parental rights of one of the parents. The professionalism of our specialists will help you to correctly and thoroughly understand the disputable situations, referring to the norms of the Family Code of Ukraine.