Unfortunately, the relationship between parents and children is not always cloudless. Sometimes it happens that parents - deservedly or undeservedly - are deprived of parental rights. In this article we will not find out the reasons why public services can do this, but consider the main points of restoration in parental rights.
Is it possible to restore parental rights?
Parents deprived of their legal rights always have the opportunity to return the child to their care. This can be done if their behavior and lifestyle have changed for the better (for example, a person has completely recovered from chronic alcoholism, got a permanent job, etc.), and also if they have revised their views on the upbringing of the child. In the standard procedure, the restoration of parental rights is effected through a court that passes a positive or negative decision in accordance with the interests of the minor himself.
Restoration of parental rights is impossible only if:
- parents (or one of them) can not prove that they have changed and they can be trusted with custody of the child;
- the child was previously adopted;
- he himself objects to living with his parents again;
- the child is already 18 years of age, and at the time of the court session he ceased to be a minor.
Term of restoration in parental rights
The law does not regulate the exact terms for the restoration of parental rights. A person deprived of parental rights can not change overnight - this takes time. Therefore, the applications submitted earlier than six months after the child was taken away from the parents, the court is most likely not satisfied. During the time that is given to parents for correction, you can do a lot - it's in your interest, if you regret what happened and want the child to live in a full-fledged family with his mother and father.
In the case of a negative court decision, a second claim for reinstatement in parental rights can be filed only after the year of the last court session.
Documents required for the restoration of parental rights
In order to return their child, parents should make two claims - on the restoration of parental rights and on the return of the child to the previous family. They should be presented to the institution where the child is now (the orphanage) or to an individual who is his official guardian. The court considers both of these claims simultaneously. In the case of two positive decisions, parents again enter into their legal rights, and the child returns to live with them. However, the court can satisfy and only one statement of claim for the restoration of parental rights, and then the parents get the right to see regularly a child who nevertheless remains to live with a guardian or in an orphanage.
Help with the collection of documents is usually the guardianship authority in the place of residence. Their representative must provide a list of necessary documents that need to be collected, and then attach to the statement of claim. Here is an indicative list of these papers:
- receipt for payment of state duty (legal costs);
- copies of statements of claim (according to the number of parties);
- A certificate from the employer's place of work (or one of them);
- certificate of income;
- characteristics from the place of work (positive);
- certificate of residence;
- Characteristics from the district militiaman (positive);
- a copy of the court decision on deprivation of parental rights;
- a copy of the birth certificate of the child (or children);
- medical certificates (from an expert in narcology, a psychiatrist, as well as a certificate confirming a negative analysis for HIV infection).