Deprivation of parental rights: in which cases the court may make a decision.

Deprivation of parental rights is the last resort used to protect the interests of the child when parents do not fulfill their duties or behave cruelly towards the child. Such a decision is made by the court and concerns a specific child indicated in the claim.

The website of the Oleshynska community, which belongs to the Khmelnytskyi region, explains in detail who may be deprived of parental rights and what consequences this may have.

Why a person may be deprived of parental rights

One of the parents, a guardian, a caregiver, relatives, guardianship authorities, a prosecutor, an educational or medical institution, as well as the child themselves after the age of 14 can file a lawsuit for the deprivation of parental rights.

Most often, mothers are the initiators who wish to sever all legal ties with the father, for example, to move abroad with the child without his consent. According to the Family Code of Ukraine, parental rights may be deprived in cases where parents treat the child cruelly, are convicted of a crime against the child, exploit the child, or evade upbringing and maintenance.

• treat the child cruelly;
• convicted of a deliberate crime against the child;
• exploit the child or force them to beg;
• evade the upbringing and maintenance of the child, not pay alimony;
• suffer from chronic alcoholism or drug addiction (medically confirmed);
• have left a newborn or small child in the hospital and have not shown interest in them for more than six months.

Each ground must be supported by evidence, and the procedure for deprivation of parental rights involves several stages.

How the procedure proceeds

First, evidence is collected — references, characteristics, medical documents. Then a claim statement is drawn up describing the circumstances and legal grounds, which is submitted to the court. The guardianship authority participates in the process by providing its conclusion, but the court may make a decision independently. The consideration of the case usually lasts several hearings, after which the decision is forwarded for execution.

Consequences of deprivation of parental rights

A person loses all rights concerning the child, is relieved of the duty to raise them, and is no longer a legal representative. They also lose the right to state benefits and assistance for families with children. Such individuals cannot be adoptive parents, guardians, or caregivers. They also lose property rights related to parenthood.

In accordance with the Family Code of Ukraine, parents must fulfill their duties regarding the upbringing and maintenance of children, as this is important for the child and society as a whole.

Deprivation of parental rights is a drastic measure aimed at protecting the child's interests in cases when parents do not fulfill their duties or treat the child cruelly. In Ukraine, such cases are considered by the court, taking into account the evidence and confirmation of violations of parental rights. The deprivation of these rights can have serious consequences for parents, who lose not only their rights concerning the child but also the ability to receive state assistance and be adoptive parents or guardians. Compliance with laws regarding parental rights is an important aspect of child upbringing and ensuring their well-being.