Deprivation of parental rights is a way to protect children from parents who lead a lifestyle that threatens the child’s normal development or health. However, anyone has a chance to change, which is why the law allows parents to regain their rights over the child. This happens only in court and in no other way. To start the process itself, the parent or parents file a corresponding claim in court. The court can make a positive decision only if it can find out that there have been serious changes in the plaintiff’s behavior or the fact that the circumstances that contributed to the deprivation of parental rights have disappeared or ceased to have an effect.
Parental rights cannot be restored if:
- the child was adopted, and this fact was not disputed or canceled at the time of consideration of the claim;
- the child has reached the age of majority.
The court will also pay attention to the opinion of the second parent if he has not lost his parental rights. If it turns out that the parent’s behavior or lifestyle changes are serious, and they no longer pose a threat to their children, then a decision can be made to restore them. However, this should not in any way conflict with the interests of the child. A copy of the court decision on the restoration of parental rights will be sent to the registry office where the child’s birth was registered. This is necessary to make an appropriate entry in the documents of the parent who was previously deprived of rights to the child.
If the court does not consider the arguments presented as sufficient for a positive decision, the claim will be denied. A new claim for restoration of parental rights can be filed only after a year.
The main document in such a case is the statement of claim. Kasyanenko & Partners Law Company lawyers are ready to provide you assistance in preparing. At the same time, it is important to have documents that would confirm and justify your position in court. These include:
- references from various instances;
- characteristics of the parent;
- acts on the living conditions of;
- written witness statements.
How to approach the case?
Lawyers from our company are ready not only to advise you, help with the preparation of documents but also to offer the best options to satisfy your claim. Remember that proper legal assistance can help you restore your rights to a child, even if you have already been denied it.