Domestic violence, irresponsible parental behavior, and the loss of emotional connection with a child due to various circumstances can all lead to a decision to terminate parental rights. Only a court can assess all the circumstances and determine who is entitled to parental rights and who bears responsibility in such situations.
Often, mothers seeking to sever a burdensome relationship between a father and child face the issue of terminating the father’s parental rights. This is particularly relevant when the father is entirely uninvolved in the child’s life and upbringing but uses his rights to restrict the mother’s opportunities, such as traveling abroad, changing the child’s place of residence, and other aspects. This matter requires a thorough examination of all circumstances and a fair decision in the best interest of the child.
According to Article 164 of the Family Code of Ukraine, a mother or father may be deprived of parental rights by the court if he or she:
- Fails to take the child from the maternity hospital or another healthcare facility without a valid reason and does not show parental care for the child for six months;
- Evades fulfilling their obligations regarding the upbringing of the child and/or ensuring the child receives a full general secondary education;
- Treats the child cruelly;
- Is a chronic alcoholic or drug addict;
- Exploits the child or forces the child to beg or roam;
- Has been convicted of committing a deliberate criminal offense against the child
ONLINE HELP
We will contact you today
Leave Your Contact Information
We will contact you today.
A lawyer specializing in the termination of parental rights ensures complete client support in all aspects of this process. They will provide a detailed consultation, offer comprehensive assistance at every stage of the court proceedings, and prepare and submit the necessary documentation. The process of terminating parental rights involves complex legal actions, such as gathering character references for the parties involved, applying to guardianship authorities to confirm the validity of this step, collecting evidence, drafting the claim, and participating in all stages of the court process.
It’s important to note that not only fathers but also mothers can be deprived of parental rights. In practice, cases of terminating a mother’s parental rights are less frequent due to the complexities of the situations. The court, aiming to protect the child’s rights, often leans towards supporting the mother’s side. However, to achieve a positive outcome in such cases, an experienced lawyer is necessary.
Only a qualified specialist can thoroughly examine all aspects of the case, represent the client in court, and support their arguments with practical examples and experience. If a mother neglects her parental duties, fails to raise the child properly, or does not pay child support (if the child does not live with her), she can be deprived of parental rights. Less frequently, this occurs due to cruel treatment of the child, such as forced labor or begging.
There are also cases when parents remain married but live separately, with the child residing with the father. In such cases, upon divorce, the father may file a claim to terminate the mother’s parental rights. However, the court will make its decision based on common sense and the child’s best interests. To succeed in such court proceedings, one must convincingly prove the mother’s wrongful actions toward the child.
The Association of Lawyers and Real Estate Agents of Ukraine (ALRAU) will help you protect and represent your interests in court regarding the termination of parental rights, whether for the mother or father.
