The procedure for restoring paternity after deprivation of parental rights

Family law > Parental rights > How to restore parental rights after deprivation?

• The honorary parental title can be lost if there are grounds for deprivation of rights and they are proven in court.
• In this case, the adult loses his rights and cannot take part in raising the child, except for the obligations to provide for him until adulthood.
• However, restoration of parental rights after deprivation is possible subject to certain conditions.

What is needed to restore parents' rights

However, the law is aimed at ensuring that children grow up with a mother and father, so those who were once limited in their rights can have them restored.

The initiator of this procedure can only be a parent deprived of legal rights. Relatives or other persons cannot file a claim if the father or mother himself does not want to regain parental rights.

The procedure for restoring parental rights is regulated by law - Article 72 of the Family Code of the Russian Federation, valid for 2023.

1. It is applicable only to a minor, in whose upbringing his parents must take part.
2. This issue can only be resolved in court and only in the presence of a prosecutor and representatives of the guardianship authority in order to best satisfy the interests of the minor child.
3. To objectively assess the reasons stated in the claim, the trustee bodies must objectively conduct a full review before the trial.
4. If, during an investigation of the parent’s living conditions, the guardianship authorities determine that it is possible to transfer the child to him for upbringing, the court will make a positive decision in this case.
5. To remove the paternity or maternity restriction, the following conditions must be met:

1. The parent must get rid of drug addiction, alcoholism, theft, vagrancy, prostitution or other habits that led to the loss of children.
2. Reconsider your views on the methods of raising a child and use only methods that have a positive effect on the physiology and psyche of a minor.
3. Adjust your lifestyle - get a job, comply with generally accepted norms in society.

It is desirable that these conditions be met in their entirety, although compliance with them may not be enough for a positive outcome of the case.

Restoration of parental rights after restriction

Restoring the rights of a mother or father is not an easy procedure. It consists of the main and several preparatory stages. Cancellation of the restriction is carried out only in court.

To do this you need:

1. Contact the Guardianship Council to streamline the procedure and get assistance.
2. First obtain the commission's conclusion that the applicant lives in normal conditions and is allowed to apply for restoration of rights.
3. Collect the required information, documents and file a claim.
4. Submit the collected documentation to the court.

Next, on the appointed day of the meeting, you need to confirm your intention to restore parental rights.

What documents are needed to restore parental rights?

The court will not accept the petition if there is not a complete list of certificates. The package of documents includes:

1. Identity document of the plaintiff.
2. A certificate from the place of employment confirming that the applicant works regularly and has a permanent job.
3. Characteristics issued at the place of residence or written by the employer.
4. Level of monthly income for six months (possibly for a shorter period of time).
5. A medical certificate stating that the parent does not currently have drug or alcohol addiction. The paper can be replaced with a document stating that the father/mother completed the full course of treatment.
6. Act on the plaintiff’s living conditions.
7. A certificate from the housing office about the applicant’s place of residence and with whom he lives in the same territory.

The court may require testimony or additional information.

Drawing up a statement of claim for restoration of parental rights

To draw up a claim, you need to know the rules for writing petitions or contact a lawyer for help. Cancellation of a parent's restriction on rights begins with an official request, not demands.

In addition to information about the court and the applicant, the claim should indicate:

1. When and under what circumstances the plaintiff was forcibly deprived of paternity or maternity.
2. What has changed in the applicant’s family and financial life to reverse the previous decision.
3. The application contains the signature of the plaintiff and the date of filing the claim.
4. A list of documents and certificates is attached.

It is impossible to restore the rights of a mother or father if they have not eliminated the reasons why they were deprived of parental rights and have not taken the path of correction.

There is no specific period after which a parent can restore lost rights. But it should be borne in mind that treatment for drug addiction and alcoholism or changing your lifestyle will take a lot of time.

According to the law, rights cannot be restored after they have been deprived for 6 months . It turns out that a statement of claim can be filed no earlier than the specified period.

Going to court

The procedure for restoring parental rights can only be carried out in court. There is no other decision to review the case.

Consideration of cases of this kind in judicial practice is carried out at the place of residence of the defendant, who in this proceeding may be:

• second spouse;
• child's guardian;
• a children's institution in which a minor is temporarily staying.

A statement of claim cannot be filed against the adoptive parents, since with the adoption procedure the rights to restore parental rights are automatically lost.

It can be restored if the adoptive parents return the child to the orphanage, abandoning guardianship.

Legal consequences

• Restoration of rights by parents is generally not for financial gain, but it does exist.
• Often, a parent deprived of rights is only interested in the opportunity to communicate with his child, live with him and take care of him.
• In addition, he acquires the right:

• not to pay alimony, but to provide for the needs of the minor in full;
• for alimony from your child in old age;
• for his share of the inheritance if the child suddenly dies before his father and mother.

As can be seen from this list, the legal consequences go both ways, although rarely does anyone want to regain their rights for these reasons.

Is the child's consent required to restore parental rights?

The court will definitely take into account his opinion if he is over 10 years old . A positive decision in this case cannot be made without his consent.

If the child is under 10 years old, then the method that best protects his interests is chosen.

Also, restrictions on the restoration of a parent’s rights apply to a child who has reached the age of 18 . He has already become an adult, his civil capacity has arrived, and he is responsible for himself.

It is also impossible to return your rights to a parent who committed a crime against another child or violated his sexual integrity.

When it is impossible to restore parental rights

There are several reasons why a parent will be denied reunification with their child:

1. Mandatory rules for restoring rights have not been observed: the parent has not gotten rid of alcoholism or drug addiction, has not adjusted his lifestyle and has not changed his views on the method of education.
2. The child himself is against reunification. Wishes are taken into account for a child over 10 years of age.
3. If the child is adopted by another family.

What happens after a positive outcome?

If during the trial, based on the results of the examination reports, it is proven that the mother or father has reformed and eliminated the reasons why he (s) was deprived of his rights, then the court issues a conclusion on their full restoration.

Lost human rights will be restored legally in court . They can be fully used from the moment the court decision enters into legal force.

That is, all rights and responsibilities lost by the father or mother are fully restored. An extract from the court order is sent to the registry office within 3 days, where changes that have occurred at the child’s place of residence are recorded.

The guardianship cannot prevent the child from communicating with the parent who has been restored to their legal rights. Moreover, in the statement of claim, you can indicate a request that, in addition to the restoration of your rights, the minor be transferred to the care of a reformed parent.

As you can see, in order to regain parental rights you will have to make a lot of effort . It will take convincing arguments and a lot of arguments for the court, the prosecutor and representatives of the guardianship authorities to be convinced of the sincerity of your wishes.

Video: Restoring parental rights

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Restoration of parental rights

Parents become parents automatically at the birth of a child or as a result of the adoption of a baby.

But this honorary title can be lost, and a claim for deprivation of parental rights can be filed not only by close people by turning to the prosecutor, or by the second spouse by going to court, but also by representatives of the guardianship and trusteeship authorities.

If the existence of grounds for depriving a parent of his rights in relation to the child is proven, then the adult loses his rights and can no longer take part in the upbringing of the minor. Meanwhile, all obligations remain unchanged, and the parent is obliged to continue to provide for the child until he comes of age.

But the procedure is reversible and restoration of parental rights after restriction is possible. To do this, you just need to meet the mandatory conditions and go through the procedure for restoring parental rights.

Conditions for restoration of parental rights

State policy is aimed at ensuring that children are not deprived of a mother and father, so those who previously had limited rights to a child can be restored to the parental role. To remove the restriction on maternity or paternity, a parent must meet three basic conditions:

1. He must get rid of the addictions that resulted in him losing his children. This could be alcoholism, drug addiction, prostitution, theft, begging and much more.
2. Adjust your lifestyle to an acceptable level, namely, get a job and receive a stable income, comply with generally accepted standards in society.
3. Reconsider your view on methods of raising a minor, use only those methods that have a positive effect on the psyche and physiology of the child.

It is noteworthy that these conditions must be met comprehensively, and not separately. And their presence is not always a guarantee of a positive outcome.

The process of restoring parental rights

Restoring parental rights is not an easy procedure.

It consists not only of the main stage, but also of several preparatory stages. Cancellation of restrictions on the parental rights of a mother or father is carried out only in court.

To start the process of restoring parental rights, you must follow this path:

1. Contact the guardianship and trusteeship authorities in order to receive assistance in the process and streamline the required procedure.
2. Receive a preliminary commission opinion on the conditions in which the applicant lives and whether he can submit an application to restore his rights. This stage is a preliminary consent to the possibility of conducting a legal process.
3. Collect the required package of documents.
4. File a claim.
5. Submit the entire collected package to the court.

After this, all that remains is to wait for the day of the meeting and appear at it, confirming your desire to regain parental rights.

Collection of necessary documents

When initiating restoration of parental rights, the mother or father will have to collect a considerable package of documents, without which the petition simply will not be accepted by the court. This list should include:

1. Personal document identifying the applicant.
2. A document from the place of work confirming that the plaintiff works regularly on a permanent basis.
3. A paper indicating the level of monthly income, preferably for six months, but can be provided for a shorter period.
4. A medical document stating that the plaintiff does not currently have diseases associated with alcohol or drugs. You can replace such paper with a certificate stating that you have completed a full course of treatment to get rid of your addiction.
5. Characteristics written by the employer or issued at the place of residence.
6. A paper from the housing department about where the applicant lives and who lives with him in the same territory.
7. A previously agreed document stating the applicant’s living conditions.

The court may require additional forms or witness statements.

Drawing up a statement of claim

• The abolition of restrictions on the mother’s parental rights begins with officially issued demands that restore the parent’s rights.
• To draw up a claim, you need to know the basics of writing petitions or contact persons specializing in jurisprudence for help.
• In addition to information about the applicant and the court, the claim should include the following information:

1. When and under what circumstances were parental rights acquired?
2. What were the reasons for forced deprivation of maternity or paternity.

3. What has changed in the personal, family and material components of the deprived person, which makes it possible to cancel the previously issued decision.
4. The lifting of restrictions on parental rights is expressed as a request, not a demand.
5. A list of attached papers is provided.

The claim is signed by the applicant and the date of filing is indicated on it.

Going to court

If we talk about how to restore parental rights after deprivation, then this procedure can be carried out purely in court. No other review procedure is provided.

According to judicial norms, consideration of petitions of this kind is carried out at the place of residence of the defendant. The defendant in this case may be:

1. Second spouse.
2. Guardian of a minor.
3. A child care facility in which a child is temporarily raised.

It is impossible to file a claim against the adoptive parents, because along with the adoption procedure, the rights to restore paternity or maternity are lost. It can be restored only if the adoptive parents abandon the previously issued guardianship and return the child to the orphanage.

Legal consequences of restoration of rights

Restoring parental rights does not always have certain financial benefits, but they exist. Most often, a previously deprived parent is only interested in the restoration of rights, the opportunity to communicate with the minor, live with him, take care of him and raise him.

Along with receiving the status back, the parent acquires:

1. The opportunity to live with the child and raise him.
2. The need to provide for his needs in full.
3. Child support is withdrawn from the mother or father.
4. The right to alimony claims in relation to their children in old age is acquired, when, being retired, the parent will not have enough funds for treatment and living expenses.
5. It becomes possible to receive the due share of the inheritance if the child dies before the parents.

As can be seen from the above list, the legal consequences are two-sided.

In what cases is it impossible to restore parental rights?

We have discussed how to restore parental rights, but is there a condition under which this cannot be done?

Indeed, there are a number of points that may not allow a parent to reunite with their child:

1. Three mandatory points that will allow a claim to be considered in court have not been met.
2. The child has already been adopted by another family.
3. If the minor is against reunification. Wishes expressed by children over 10 years of age are taken into account.

So, in order to gain parental rights back, you will have to really put in a lot of effort, and in addition, you will need a lot of arguments and convincing arguments so that not only the court, but also the prosecutor and representatives of the guardianship authorities are imbued with the sincerity of your wishes.

Restoration of parental rights after deprivation

The legislation establishes that the responsibilities of parents include raising children and defending their interests. Violation of this obligation may result in termination of parental rights. The grounds for carrying out this punishment in relation to one of the parents are addiction to alcohol or drugs, refusal to fulfill parental responsibilities, cruelty to a child, etc. If an irresponsible father or mother changes his lifestyle and behavior, that is the opportunity to restore parental rights. When it is not possible to do this and what the procedure is, we will consider later in the article.

Is it possible to restore parental rights after deprivation?

Article 72 of the Family Code of the Russian Federation regulates the restoration of the fulfillment of duties in relation to children after their deprivation. The prevailing conditions for restoration of parental rights are:

• the parent got rid of alcohol and drug addiction;
• officially employed and has a stable salary;
• has the opportunity to create comfortable and safe conditions for the child;
• after the deprivation procedure, the adoption of the child has not yet occurred;
• six months have passed since the trial on the subject of deprivation of powers;
• if the age of a minor citizen exceeds 9 years, his oral or written consent is required to restore parental privileges;
• the child has not yet reached his 18th birthday;
• the parent demonstrates exemplary behavior.

If parental rights are deprived, the father or mother has the right to restore their powers. Of paramount importance is the protection of the interests of the minor citizen and a genuine desire to become a good father or mother for his child. Compliance with the above conditions will speed up the trial on this subject and increase the chance of obtaining a positive court ruling.

A parent is often deprived of the privileges of participating in the life and upbringing of a minor due to his irresponsibility.

The main condition for the restoration of parental rights is the expiration of a six-month period after their cancellation. If 6 months have not yet expired, the court will reject the filed claim.

A parent whose addiction to alcohol and drugs was never cured or whose attempts were unsuccessful also cannot claim a positive decision from the court on the issue of restoring parental privileges. The court at the hearing acts to protect the interests of the child and will not allow the infringement of his rights to occur again in the future.

It will be impossible to achieve restoration of parental rights if the child has already reached the age of majority. At the age of 18, a citizen is considered an independent person and does not require additional guardianship.

The circumstances are difficult if, during the period of non-participation of the father or mother in the life of the minor, the latter was adopted and lives in a new family.

In this case, the restoration of parental rights will be carried out only after collecting evidence that the adoptive parents are committing unlawful actions towards the child.

When the court revokes their educational privileges, the deprived parent can restore them.

Of no small importance is the consent of a minor citizen to this procedure if his age is 10 years. If he expresses persistent disagreement, then the court may take the child’s side and reject the parent’s request to restore parental rights. The fact of complete correction and exemplary behavior of the parent is not taken into account in this case.

Procedure

A parent can only restore their rights in court. The algorithm of actions is as follows:

• The trial begins with the filing of a corresponding statement of claim, which is carried out by the parent deprived of his rights. If the child was taken away during the previous process due to deprivation, then the application for restoration of parental rights includes a request to transfer the minor citizen back to foster care;
• collection and presentation of evidence;
• hearing a court order;
• in case of a positive outcome of the case, obtaining a writ of execution to restore parental privileges.

To restore rights to children, a statement of claim is filed in the district court of the defendant’s place of residence (another parent, foster family, guardian or orphanage).

In this process, the presence of a representative from the guardianship and trusteeship authority is considered mandatory. The representative’s responsibilities include: making a professional opinion about the living conditions of the child and the condition of the living space of the parent who filed the claim.

A prosecutor is also involved in the trial and will express his own opinion on the restoration case.

Download the claim form 

List of documents

The plaintiff must provide the following package of documents for restoration of parental rights:

• a document with characteristics obtained at the place of residence;
• a documentary report on the inspection of the living space and conditions there;
• a relevant certificate-document about the amount and confirmation of stable income from the place of work;
• letter of recommendation from the employer;
• personal account;
• medical document confirming treatment for various types of addictions;
• passport and marriage certificate.

The parent has the opportunity to file a lawsuit and, in addition to documents, present witness testimony at the trial.

With the adoption of a positive decision, the court draws up and sends a certificate of restoration of parental rights to the civil registry office at the place of state registration of the child’s birth. This procedure is carried out within 3 days after the court decision gains legal force.

If the plaintiff's request was not granted, filing a new claim to restore parental privileges is permissible only after a year. 

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

The procedure for restoring parental rights after deprivation

The relationship between parents and children is regulated by Russian legislation - the Family Code. You can read the text of the law here. In cases where mothers and fathers neglect their direct responsibilities for raising and maintaining children, authorized bodies have the right to deprive them of parental rights. The article describes the possibility of restoring parental rights, as well as what actions should be taken to achieve this.

Is it possible to restore parental rights after deprivation?

To restore parental rights, it is first necessary to eliminate the reason for their deprivation. But in accordance with legal norms, restoration is not possible in all cases. The nuances of restoring parental rights are contained in Article 72 of the family law. Its provisions state that a father (mother) deprived of parental rights must:

• end addiction (alcohol, drugs);
• get an official job where you get a stable income;
• organize appropriate amenities for the child’s stay;
• after deprivation of rights, the adoption process was not carried out;
• the child has not been adopted yet after the procedure for deprivation of parental rights;
• more than 6 months have passed since the trial in connection with which the father (mother) was deprived of parental rights;
• when a child is over 10 years old, his written consent is required to restore parental rights to him;
• According to the law, restoration of parental guardianship is possible only over young children; if the child has reached 18 years of age, then this procedure is impossible;
• the mother or father leads an exemplary life.

The above conditions for restoration of parental rights must be proven in court. The provisions of the family law indicate that if parental rights are deprived, then the negligent father and mother have 6 months to correct it. After six months, the child can be adopted.

In what cases is restoration of rights not permitted?

The procedure for restoring parental rights begins with filing an appeal to the court. But it is not possible in all situations to be rehabilitated as a parent; much depends on the circumstances under which they were deprived of custody of their children.

In what cases will it be impossible to restore the rights to a child?

You cannot be rehabilitated as a parent if you submit documents to regain custody before the expiration of the 6 month period. This period is specifically set aside to give the parent a chance to improve. For example, find a permanent job with a stable income that will help you adequately support your child.

A father or mother who uses excessive amounts of alcohol and drugs will not be approved to raise children.

If they want to save their family and raise children on their own, then they should completely stop using such substances.

They can bring witnesses as evidence, as well as undergo medical tests that will prove that there are no prohibited substances in their body.

Authorized state bodies will refuse to restore parental rights if the child is over 18 years old. In accordance with the norms of Russian laws, the age of 18 gives a person independence, so guardianship over him is not needed.

By law, the opinion of a child who has reached the age of 10 is taken into account when considering proceedings to restore parental custody. If mom and dad prove their correction, which indicates their readiness to resume their parental responsibilities, but the child does not agree to live with them, then by court decision they will be denied restoration of their rights.

How to restore rights to a child?

To restore parental custody, you should contact the court. To apply, you need to collect a package of documents, as well as draw up a statement of claim. There are several ways to file a claim:

• personally bring the documentation to the court office;
• by registered letter via postal mail;
• through a proxy, on the basis of a notarized power of attorney.

In general, the procedure for regaining custody of a minor child is as follows:

• collect and submit papers to the court;
• provide the head of the court with evidence of correction of his careless behavior. Before the start of the proceedings, the authorized persons of the court will set a date for the preliminary hearing. At this meeting, both sides of the conflict will be heard;
• waiting for the main hearing date to be set. Once the date is known, it is worth attending all meetings. In such proceedings, the following must take part: the plaintiff (father, mother), the defendant (a person representing a social institution for guardianship and trusteeship, a prosecutor. During the trial, the opinion and interests of the minor are taken into account, the testimony of witnesses is heard and the submitted documentation is studied;
• awaiting a court ruling. When the plaintiff’s demands are satisfied by the head of the court, the decision takes legal force one month after its issuance. Court employees send a special notification to the registry office. The registry office makes changes to certain books. The entries made indicate legal recognition of the parental rights of the minor. Based on a satisfactory court decision, the plaintiff (mother, father) will be issued a writ of execution. Only upon presentation of this document will the child be released to the baby home (orphanage).

The claim is sent to the court that is located at the location of the defendant. Therefore, it is important to determine who will be the defendant.

According to the law, the defendant may be:

• second parent;
• guardian;
• children's organization - orphanage, orphanage;
• adoptive father and mother.

To restore rights to children, a petition must be submitted 6 months after deprivation of educational privileges. There is no deadline for submitting an application; the main thing is to submit the documentation before the ward turns 18 years of age.

Important! After deprivation of parental rights, the father and mother have no right to receive any child benefits or government payments. With their restoration, they will be able to receive financial assistance for minors.

List of required documents

The statement of claim is submitted to the court with a certain list of documents. If the claim is drawn up incorrectly or an incomplete package of papers is submitted, then consideration of the case will be refused.

According to the Civil Procedure Code of Russia, the content of the claim for restoration of parental rights must include the following information:

• details of the judicial institution;
• information about the plaintiff and defendant - last name, first name, patronymic and residential addresses;
• information about the guardianship organization;
• information about the prosecutor - name of the institution and address;
• table of contents of the petition;
• a description of the situation when the plaintiff was deprived of parental rights, indicate the details of the court decision made at that time;
• provide links to the legislation of the Russian Federation. Their inclusion in the text of the claim is mandatory. They will indicate the legality of filing a claim for restoration of parental rights;
• petition;
• the essence of the petition;
• a list of papers that will be attached to the letter;
• date of filing the claim;
• personal signature of the plaintiff.

It is not difficult to draw up a statement of claim for the restoration of parental rights; it is recommended that you familiarize yourself with its example. You can download the sample from the link.

Package of documents for restoration of parental rights:

• claim The application is submitted in several copies. The number of copies must correspond to the number of persons participating in the trial;
• receipt for paid state duty. Its size is determined by the Tax Code of Russia (you can download the Tax Code here) ;
• a copy of the child's birth certificate;
• a copy of the work book;
• documentary information about income. You can obtain such a document from the accounting department of the organization where the citizen is employed;
• personal characteristics. It must be completed by the immediate supervisor at the workplace;
• papers confirming property rights to housing;
• paper evidence that the plaintiff’s behavior has improved for the better.

If the plaintiff cannot file a claim in court on his own, then his representative has the right to do this for him. In this case, a notarized power of attorney should be added to the general list of documentation.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

• 8 (800) 350-83-59 — all regions of the Russian Federation.

Restoration of parental rights after deprivation - how it happens

Last modified: June 2023

Sometimes restoration of parental rights after deprivation becomes impossible, and this must be taken into account when the risk of loss of parenthood arises. With the birth of a child, parents have responsibilities regarding the newborn.

Adults are responsible for the care, care, education and development of the ward, and in case of neglect of their obligations, grounds arise for depriving the parent of rights to the child.

Subsequently, to restore powers, you will need to go through a lengthy and complex procedure in court, preparing a solid evidence base.

Is it possible to restore rights?

The principles applicable to restoration by law are given in Art. 72 of the RF IC and are directly related to the circumstances in which an adult lost custody of his own child:

• Getting rid of addictions to alcohol and drugs.
• The emergence of a permanent job with a stable income.
• There are conditions for a normal and safe life for the ward.
• By the time the child went to court, no one had adopted the child.
• More than six months have passed since the loss of rights.
• From the age of 10, the ward will be required to obtain consent.
• All claims against the parent indicated in the justification for deprivation of rights were withdrawn, and the adult, by his behavior, proved that he realized his guilt before the ward and corrected himself.

• The law retains the possibility of returning parental rights only if the above circumstances are met, however, in some cases it will not be possible to restore parental rights:

1. Failure to comply with the conditions specified in Art. 72 of family law, in particular, too early treatment (before 6 months), which raises doubts about genuine changes in the life of the parent and his attitude towards the child for the better.
2. It is too late to go to court, when the child has already reached the age of majority, or if the child is adopted. In the first case, the person becomes legally independent and no longer needs guardianship; in the second case, the rights of the parent are transferred in full to another adult. Adoption after deprivation of parental rights leads to a complete replacement of the parent, since by law there cannot be two mothers or fathers.
3. During the trial, it is revealed that the plaintiff did not overcome alcohol or drug addiction, and also did not correct his situation.
4. If a mother abandons a child in a maternity hospital and writes a refusal on her own, it will be extremely difficult to restore maternal rights, especially if it is established that there were no compelling reasons for such an action (serious illness, incapacity of the mother, etc.)

There remains a chance for restoration of rights after adoption if the adoptive parent improperly cared for the ward, shied away from responsibilities or negatively influenced the child. In this case, the restoration procedure is preceded by a trial with the deprivation of the rights of the adoptive parent and the submission of documents after the entry into force of a new court decision.

To begin the procedure, the deprived parent must coordinate his actions with the guardianship authorities and the prosecutor, primary authorities authorized to issue a preliminary conclusion on the readiness of the adult to again take responsibility for the child.

As part of the consideration of the case on the restoration of parental rights, proceedings on the issue of cohabitation of the parent with the ward are allowed, on the basis of a joint claim. It is recommended to familiarize yourself in advance with the features of the process, how restoration occurs and the reasons for failure, in order to understand what to do next.

Before making a request to the court, the plaintiff must wait 6 months after the deprivation, during which the application will simply not be accepted, and also carefully consider the evidence that will help justify the court’s readiness to accept parental authority in relation to the ward. It is necessary to prove that the adult will be able to perform all the duties established by law after the right is restored.

After the court makes a decision to satisfy the plaintiff’s demands, at least a month must pass, since the law allows for the possibility of challenging the decision within 30 days.

Sequence of steps

To become a parent again, a court procedure is carried out, since only the court has the authority to decide serious issues related to the rights of children. Citizens apply to the district court at the place of residence of the child or the defendant, having previously prepared for the consideration of the case and secured documentary evidence.

The complete recovery procedure is as follows:

1. Collection of documents and preparation of evidence demonstrating the person’s correction and reconsideration of his/her attitude towards his/her responsibilities. Verification of the fulfillment of all conditions under which the law allows the return of a minor - living conditions, financial support, lifestyle and behavior of the plaintiff.
2. Preparing a claim.
3. Consideration of the application by the court and making a decision on the appointment of proceedings.
4. Notifying all interested parties about the date of the meeting.
5. Holding meetings during which the possibility of returning powers is established.
6. If the claims are satisfied after the court decision has entered into force, they will organize its execution and correction of documents for the child.

The defendant in a claim for a minor is the organization or person who has assumed responsibility for the child after deprivation of paternity or maternity:

• second parent;
• guardians;
• Orphanage.

The place of filing the claim is the district court where the child is located. In the future, at meetings it is necessary to ensure the presence of guardianship representatives at the district administration at the place of residence of the ward. The powers of guardianship include inspection of living conditions and opportunities for support on the part of the deprived parent. A representative of the prosecutor's office has the right to speak in court.

Actions after a court order

Merely having a document from the court confirming the satisfaction of the claims is not enough. After the verdict comes into force, the judges contact the local civil registry office to correct the entry in the birth certificate (to make an entry about the parent).

The court does not always grant the plaintiff’s request. As judicial practice shows, the court gives priority to the interests of the minor, determining the most acceptable option.

The next application for restoration, if the court refuses, is possible 12 months after the verdict.

What documents will the court require?

 

The evidence base for restoring rights to a child consists of:

• documents;
• testimony.

1. The following must be attached to the statement of claim:

1. Certificates of payment of alimony and absence of debts.
2. Documents confirming completion of a course of treatment in the relevant medical institutions (PND or drug dispensary).
3. Certificates from work about earnings.
4. Documents about the living conditions that the parent is able to provide.

Non-documentary evidence is most often presented directly during meetings - witness testimony, speeches of experts, specialists.

In addition to the evidence base, a mandatory list of papers is attached to the claim:

1. Personal documents of the plaintiff.
2. A copy of the writ of execution on the basis of which the minor was removed from the family.
3. Documents confirming the payment of alimony, other evidence confirming the correction of the situation.

The more evidence is presented to the court, the higher the chances of a positive outcome of the proceedings. At its discretion, the court decides to attach or refuse to attach the proposed documents to the case.

Is the child’s opinion taken into account when restoring parental rights?

Since the termination of parenthood requires sufficiently compelling reasons, it can be very difficult to achieve restoration, because in making the previous decision the court proceeded from the impossibility of correcting the negligent parent and his danger to the ward.

Moreover, even if there is sufficient evidence and a firm intention to return the child, sometimes it will be impossible to do so. After the child reaches 10 years of age, the court is obliged to ask the opinion of the ward, and if he does not agree, it is not possible to satisfy the parent’s claims.

The issue is resolved in a similar way if during the proceedings it turns out that restoration will lead to a violation of the interests of the minor.

If the child is against it, and the teenager does not want to have anything to do with the former parent, he will have to win his favor and convince him that the adult’s attitude has changed for the better.

Family proceedings, especially when it comes to minors, are complex, since it is not always possible to collect documentary evidence. In addition, restoring family relationships after trials is extremely painful.

Since it is difficult to restore parental rights, you should not bring the matter to the termination of parenthood through the court.

It is better to respond to warnings in a timely manner than to later prove the impeccability of your behavior and lifestyle, because regaining lost parenthood is always more difficult than losing it.

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Step-by-step procedure for restoring parental rights

Depriving parents of their rights is an exceptional measure to solve family problems.

Applies to citizens who do not fulfill their responsibilities for raising and supporting children, violate their rights and interests, allow cruel treatment, or have drug or alcohol addiction.

However, everyone has the opportunity to return to normal life and correct their mistakes. Let’s take a closer look at how to return a child to the family, whether restoration of parental rights is possible if the child is adopted, and what needs to be done for this.

Grounds for restoration of rights

The possibility of returning parental rights and responsibilities is determined by Article 72 of the Family Code. Restoration of rights is permissible if the parent’s lifestyle and behavior, or his approach to raising children, have changed.

The procedure is carried out by way of judicial review with the mandatory presence of guardianship officials. The law assumes, according to Art.

45 of the Civil Procedure Code, when considering such cases, the participation of the prosecutor, who makes the final decision.

In order to regain rights, the parent must create appropriate conditions for maintenance and upbringing, namely:

• ensure normal living conditions so that the child has enough space for games and activities, preparing lessons;
• have a permanent stable income, avoid arrears in rent and alimony (read about how to collect alimony debt after 18 years of age);
• be positively characterized by place of work and residence;
• recover from drug or alcohol addiction, if any.

Before filing a claim for restoration of parental rights, a citizen should inform the guardianship authorities of this intention and provide evidence of positive lifestyle changes.

Employees of the guardianship authorities will check the conditions of his residence, examine the conditions at the child’s place of residence, and draw up a conclusion on the possibility of returning him to his parent. The court will take this conclusion into account along with other evidence based on Art. 47 Code of Civil Procedure.

If the guardianship authorities consider the parent’s living conditions to be unsatisfactory, then only restoration of rights is possible without transferring the child to live together.

Procedure

The procedure for returning rights is not as complicated as it might seem. The main thing for a parent is to provide convincing evidence of his firm intention to raise a child, support and provide for him with dignity. The procedure for restoring parental rights involves the following sequence of actions.

Filing a claim

The claim is sent to the district court at the defendant’s place of residence. In this case, this may be a second parent or guardian, a foster parent, or the management of the orphanage in which the child lives.

The application must list all the reasons for the return of rights and attach as much documentary evidence as possible. This could be a reference from the place of work and residence, a salary certificate, a petition from relatives or neighbors, a medical certificate about cure for addictions, etc.

The application should also indicate the requirement to transfer the child upon restoration of rights.

Important!
The claim for restoration of the parent's rights is not subject to state duty in accordance with paragraph 15, paragraph 1 of Art. 333.36 of the Internal Revenue Code.

You can download the claim itself from this link

Consideration of the case in court

The parent should provide evidence of the facts that he indicated in the statement of claim. In addition to documentary evidence, witness testimony can be used during the meeting. These could be relatives, acquaintances or neighbors.

If the child is already 10 years old, parental rights can be returned only with his consent. His opinion is heard during the court hearing, having previously removed the parents and persons who could influence his decision. If the child is against returning to the parent, the court refuses to restore rights.

Important!
Restoration of parental rights is not allowed if the child is adopted and the adoption has not been cancelled.

Obtaining a court decision

If the court upheld the claim for restoration of parental rights, the decision comes into force at the end of the month after its adoption. The court office must, no later than three days after the decision enters into force, send an extract from it to the civil registry office at the place where the child’s birth was registered. Or the parent himself submits a court decision to the registry office if the judicial authorities have not done so.

Obtaining a writ of execution

It is necessary to receive it in order for the parent to hand over the child if he stated this requirement in the statement of claim. If a parent is obstructed when handing over a child, they should contact bailiffs to force the decision to be enforced. In addition to the parent, this procedure involves representatives of the guardianship authority, and, if necessary, also representatives of the police.

A lawyer will tell you about the restoration of parental rights:

Is it possible to restore rights if a child is adopted?

The grounds and procedure for restoration of parental rights in a situation where a child has been adopted are determined by Art. 140, 141 of the Family Code. Before you can restore rights, you must first cancel the adoption; a cancellation procedure is carried out in court with the participation of representatives of the guardianship and the prosecutor. Cancellation of adoption is allowed if the adoptive parent:

1. does not fulfill parental responsibilities;
2. treats the child cruelly;
3. is sick with drug addiction or alcoholism.

In all these cases, the child's consent is not required. In addition, it is possible to cancel an adoption when:

1. there is no mutual understanding between the child and the adoptive parent, because of this the child does not feel like a member of the family;
2. after adoption, the child is diagnosed with hereditary diseases or mental disabilities, about which the adoptive parent was not warned in advance.

All these facts will need to be proven, for this it is advisable to involve the guardianship authorities and obtain testimony. In addition, in order to return the rights to the adopted child, the parent will need help filing a claim.

Important!
A parent deprived of rights cannot demand the cancellation of adoption! In accordance with Article 142 of the Family Code, this is permitted to the child himself, if he is already 14 years old, his parents or adoptive parents, guardianship authorities or the prosecutor.

To cancel the adoption, a claim must be filed at the place of residence of the adoptive parent. During the judicial review of the case, it is necessary to prove that there are grounds for its cancellation.

If the claim is satisfied, the decision will come into force after a month. The court is obliged to send an extract from it to the civil registry office, and based on the decision, information about the cancellation of the adoption is entered.

Only after this can the parent begin the procedure for restoring his rights.