To deprive a father or mother (a parent who is a citizen of another state) of parental rights, you will need to have a good reason. The list of such grounds includes:
- refusal to perform parental duties, as well as abuse of these responsibilities.
- a criminal record for the ruthless treatment of minor children.
- proof that the father or mother is a chronic alcoholic or drug addict.
- abandonment of their child or failure to perform parental duties for 6 months after the birth of the baby.
To deprive one of the parents of their rights, you will need to file a claim in court and collect the necessary documents.
It is worth remembering that even after the deprivation of parental rights, the defendant is obliged to provide material support for their child.
Therefore, one of the important proofs that a parent is not interested in the fate of their child is an extract from the post office about the absence of money transfers (alimony).
In which country to apply to the court to deprive a foreigner of the rights to a child?
It is much more difficult to deprive a father or mother who is a citizen of another country of their parental rights than in the case of a Ukrainian citizen. The list of the most popular and complex problems includes the localization of judicial institutions.
There are only two possible ways to file a claim:
- at the place of residence of a minor child, i.e. in Ukraine.
- at the place of residence of the alien – in the state in which he resides.
→ In the first situation, the court procedure for the deprivation of parental rights and the recovery of alimony takes place at the address where the child is registered.
Taking into account the norms and rules of international law, a claim may be filed at the place of registration of the foreign Respondent. The exception is judicial precedents.
As a rule, the trial takes place at the last known place of registration of the defendant or at the place where his property is registered.
To determine the correct solution to help experienced lawyers and attorneys of Kasyanenko & Partners Law Company which will tell you how best to proceed.
Why do I need the help of a professional lawyer?
In judicial practice, depriving parents of their rights to raise a child is an extreme legislative measure. In court proceedings, the court does not consider the arguments of witnesses. Only documents are taken into account:
- a copy of the residence permit or a certificate confirming the last registered address of the foreigner.
- a certificate that indicates non-payment of alimony.
- a certificate from the school or kindergarten about who constantly brings and takes the child from the educational institution.
- other documents that prove the absence of a foreign parent in the child’s upbringing and life.
As a rule, such legal proceedings last quite a long time – from 6 months or more. To speed up this process, it is recommended to enlist the support of professionals of Kasyanenko & Partners Law Company. The lawyer will help the plaintiff to correctly draft and file a claim, as well as prepare the necessary documents as indisputable evidence. Well-written documents help to speed up the trial several times.
→ Important! In the process of depriving a foreigner of parental rights, representatives of the guardianship and guardianship authorities must be present in court.
Kasyanenko & partners law firm also takes an active part in the decision-making process on the part of the social service.
A professional lawyer of Kasyanenko & Partners Law Company always brings the case to its logical conclusion and protects the rights of the child by all legal methods!