Termination of parental rights – the most severe sanction for parents who quit parenting, maintenance and education of the child. But the rights can be restored if parents are radically correct his behavior.
If a father or mother deprived of rights, changed the way of life (have been treated for alcoholism or drug addiction, got a job, put in order home, change your social circle, etc.), they can be rehabilitated in parental rights.
If there are grounds, the parents or one of them must apply to the district court of his place of residence with the statement for restoration of parental rights.
Such cases the court deals with the obligatory participation of representatives of the guardianship and prosecutors. Rights are restored only in respect of children under 18 years of age.
As evidence is allowed to submit any written evidence that the parent was to take responsibility for their lives.
These include:
- certificate of employment on wages;
- report on the state of health;
- certificate of inspection of the apartment, which confirm that the housing is in good sanitary condition and suitable for the residence of the child;
- information about the behavior of residence (feature certified by the housing-maintenance organization with signatures of the neighbors);
- conclusion of Department of guardianship that the lifestyle of the parent is not a threat to the health and life of the child and because the father or mother are entitled to a refund of the child.
By law, if the child is already 10 years old, parental rights are restored only with his consent. Therefore, in addition, you may need help-opinion from a psychologist that the teen has no objection to the return of the rights of the parent.
The younger children also can ask about whether they are ready to return to mom or dad, but their opinion is not decisive.
The parent will have to prove that he has changed and changed the world, including in relation to raising a child. The court, it is important to see not intentions or plans, and concrete actions, allowing to conclude that the parent is ready for his duties.
The legislator will not be allowed to return parental rights if the child is adopted and adoption is not cancelled by judicial decision.
How to regain parental rights
In order to return the child, you must not only change their environment but also to change internally.
If a father or mother deprived of rights, changed the way of life (have been treated for alcoholism or drug addiction, got a job, put in order home, change your social circle, etc.), they can be rehabilitated in parental rights.
If there are grounds, the parents or one of them must apply to the district court of his place of residence with the statement for restoration of parental rights.
Such cases the court deals with the obligatory participation of representatives of the guardianship and prosecutors. Rights are restored only in respect of children under 18 years of age.
What documents are required
Parent participation will not be a formality. Custody thoroughly explores a new way of life of the applicant, before give a positive opinion.
As evidence is allowed to submit any written evidence that the parent was to take responsibility for their lives.
These include:
- certificate of employment on wages;
- report on the state of health;
- certificate of inspection of the apartment, which confirm that the housing is in good sanitary condition and suitable for the residence of the child;
- information about the behavior of residence (feature certified by the housing-maintenance organization with signatures of the neighbors);
- conclusion of Department of guardianship that the lifestyle of the parent is not a threat to the health and life of the child and because the father or mother are entitled to a refund of the child.
By law, if the child is already 10 years old, parental rights are restored only with his consent. Therefore, in addition, you may need help-opinion from a psychologist that the teen has no objection to the return of the rights of the parent.
The younger children also can ask about whether they are ready to return to mom or dad, but their opinion is not decisive.
The parent will have to prove that he has changed and changed the world, including in relation to raising a child. The court, it is important to see not intentions or plans, and concrete actions, allowing to conclude that the parent is ready for his duties.
The exception to the rule
The legislator will not be allowed to return parental rights if the child is adopted and adoption is not cancelled by judicial decision.