Parental rights are not only about entitlements but also about responsibilities related to the constant care, support, and upbringing of a child. This applies equally to both parents: whether it is the restoration of maternal rights or paternal rights, both parents have equal responsibilities and must do everything possible to ensure their children receive material well-being, moral upbringing, and opportunities to develop their intellect and talents.
Once a child reaches the age of 18, they are no longer under parental rights, or when it happens naturally, they create their own family and start to support themselves independently. However, sometimes parental rights can be lost involuntarily if a parent mistreats the child, suppressing them and not creating positive conditions for their life and development.
To restore parental rights, it is necessary to file a relevant lawsuit in court. Article 169 of the Family Code of Ukraine provides the right for such a step. However, it is important to also consider the limitations established by Article 185 of the Civil Code of Ukraine regarding the filing of such a claim. According to these provisions, the lawsuit can only be filed personally by the parent who was previously deprived of these rights. Therefore, filing a claim through representatives, relatives, or guardianship and custody authorities is not possible.
When preparing a petition to restore parental rights, it is crucial to consider not only the text of the claim itself but also to include the necessary supporting documents. Here is a list of such documents:
- The court decision that deprived you of parental rights. This document is crucial as you will challenge it and attempt to convince the court of its wrongful nature.
- Documents confirming your living conditions. The state needs assurance that the child will be provided with everything necessary for their development.
- References that can be obtained from both your workplace and your place of residence. The more people who attest to your suitability as a parent, the more confidence there will be in a positive resolution of the case.
- A medical certificate that may include information about your current health and, if necessary, confirmation of any treatment you have undergone.
- A conclusion from the guardianship authority confirming the possibility of your restoration of parental rights and the suitability of this decision for the child’s interests.
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