Experienced Family Lawyer for Parental Rights

Experienced family lawyers specialize in handling complex cases involving parental rights, custody disputes, and family law matters. They provide personalized legal support, ensuring that your rights and the best interests of your child are protected. Whether you’re seeking advice on parental rights restrictions or need assistance with custody arrangements, a family law attorney will guide you through every step of the process. Trust our expertise to secure the best possible outcome for your family.

How the court deprives parents of their rights

A claim for the denial of parental rights to one or both parents may be made to the court by one of the parents or guardians, the child’s trustee, the prosecutor, the commission on juvenile affairs, or another state agency.

The prosecutor and a representative of the guardianship authority must be summoned to court.

When the court deprives one of the parents of parental rights, the child is transferred to the other parent. When the court deprives both parents of their parental rights, the child is transferred to the guardianship authority.

Parents who have been deprived of parental rights by the court lose the rights of parents in relation to the child: the right to participate in upbringing, the right to receive maintenance from the child when the child grows up, the right to receive a pension in case of disability and death of the grown-up child, the right to be the legitimate heir of the child.

Communication with the child of parents deprived of parental rights

At the request of parents who have been deprived of parental rights by the court, the guardian, the trustee of the child may allow such parents to communicate with the child or refuse to communicate. When the parents deprived of parental rights, the trustee or guardian refused to communicate with the child, the procedure for such communication will be determined by the guardianship authority in the interests of the child. In this case, the guardianship authority will take into account the desire to communicate with the parents of a child from the age of 10. In the decision on the order of communication with the child, the guardianship authority will indicate the place, time and order of communication.

If communication does not meet the interests of the child, the guardianship authority will prohibit communication. A parent deprived of parental rights can appeal against such a ban in court.

Consequences of taking a child away

When a child is removed from their parents, they must still participate in the child’s upbringing through a child protection plan. Communication with the child requires consent from guardianship authorities or the individuals caring for the child, unless it contradicts the child’s best interests. If a guardian refuses contact, the agency will establish the communication terms. Children over ten years old have their wishes considered. Disagreements with guardianship decisions can be resolved in court, which may return the child if removal reasons no longer exist.

Who Cannot Be Deprived of Parental Rights?

Parental rights can only be revoked under specific circumstances outlined by law. Parents cannot be deprived of rights unless they engage in actions like evading child upbringing, treating the child cruelly, leading an immoral lifestyle harmful to the child, or abandoning the child for adoption. Furthermore, if the reasons for the child’s removal by authorities (such as health-care institutions) are resolved within six months, parental rights may not be revoked. Parents who refuse to take their child from a hospital without valid reasons may also face consequences.

Our Services

Termination of Parental Rights Advice

We provide expert legal advice on the termination of parental rights, helping you understand the legal consequences and implications of such a decision.

Evidence of Parental Neglect

Our team advises on how to gather evidence of parental neglect, guiding you through the process of proving neglect of parental responsibilities in legal matters.

Parental Involvement After Rights Deprivation

We offer advice on how a parent, after being deprived of parental rights, can still be involved in their child’s upbringing, including the legal framework for such participation.

Legal Document Preparation

We assist in drafting essential legal documents, including applications to the court or appeals against court decisions regarding the deprivation of parental rights, ensuring proper legal proceedings.

Court Representation

Our experienced lawyers represent your interests in court, providing skilled advocacy for cases involving parental rights, custody, and family law matters to achieve the best outcome.

When a parent can be deprived of parental rights

Evading Parental Obligations

A parent may lose parental rights if they neglect their duty to raise or support their child, failing to provide for the child’s basic needs and well-being.

Cruelty or Abuse

Parents who treat their child cruelly or abuse their parental authority may be deprived of parental rights, ensuring the child’s safety and protecting their rights from harm.

Immoral Lifestyle Impacting the Child

If a parent leads an immoral lifestyle that negatively impacts the child’s development or well-being, they may face the loss of parental rights to safeguard the child.

Abandonment and Adoption Consent

A parent who abandons the child and provides written consent for adoption can be deprived of parental rights, as the child is legally considered for adoption by another family.

Failure to Address Child Removal Issues

If the child is removed by juvenile authorities and the reasons for the removal persist for more than six months, the parent may lose parental rights if the issues remain unresolved.

Reasons for Removing a Child from Parental Care

Immoral Parental Lifestyle

A parent’s immoral lifestyle that negatively impacts the child’s well-being and development may result in the child’s removal to protect their mental and emotional health.

Chronic Substance Abuse or Neglect

Ongoing alcohol or drug abuse, or any form of neglect by the parent, can endanger the child’s safety, leading to their removal to ensure a stable and secure environment.

Abandonment After Birth

If a child is abandoned at birth in a maternity hospital, the authorities may remove the child to ensure they are properly cared for and placed in a safe environment.

Failure to Pick Up the Child

When a child is not retrieved from the hospital without a valid reason, this neglect can lead to the child’s removal for their protection and well-being.

Procedure for Deprivation of Parental Rights

Second Parent

The second parent may be involved in the process if their consent or acknowledgment is necessary in matters of parental rights deprivation.

Guardian or Custodian

A guardian or custodian plays a crucial role in initiating the deprivation procedure, especially when the child is under their care and parental rights must be reviewed.

Guardianship Authorities

The guardianship authorities evaluate the situation, assess the child’s welfare, and determine if parental rights should be terminated based on the parent’s behavior and circumstances.

Prosecutor

The prosecutor may initiate legal action in cases where the child’s rights are at risk, representing the state’s interests in the protection and welfare of the child.

KDN (Commission on Juvenile Affairs)

KDN assesses cases involving minors, making recommendations to the court regarding the deprivation of parental rights if the child’s well-being is at risk.

Institution Where the Child Is Placed

When a child is in an orphanage, boarding school, or social shelter, the institution may report issues that lead to parental rights deprivation, ensuring the child’s protection and safety.

Other Services

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Determining the Child’s Place of Residence

We provide legal assistance in determining a child’s place of residence in custody disputes or family law matters. Our team ensures that decisions made reflect the child’s best interests, taking into account factors like emotional well-being, stability, and parental capabilities. Whether you’re dealing with divorce, separation, or parental disagreements, we guide you through the process of securing a suitable living arrangement for the child, ensuring the court’s decision is based on their rights and needs.

Determining Alternative Procedures for Child’s Departure

When parents seek to take their child out of the country or relocate, legal procedures must be followed to ensure the child’s welfare is protected. We offer guidance on determining alternative procedures for a child’s travel, ensuring the necessary permissions and steps are taken. Our team helps clarify the legal implications of relocating children, ensuring compliance with national laws and international regulations. This includes obtaining consent from both parents, guardianship authorities, and ensuring the child’s rights are not infringed upon.

Parental Rights Deprivation

Our legal experts assist clients in navigating the legal complexities of parental rights deprivation. If a parent is suspected of neglect, cruelty, or abandoning their child, we help determine whether deprivation is justified. Our services include providing advice on the legal grounds, assisting in filing petitions, and representing clients in court. We guide you through the entire process, ensuring that the rights of the child are protected. Our team is dedicated to handling sensitive cases with the utmost care, focusing on the best interests of the child.

Child Custody Agreements

We assist in creating clear and fair child custody agreements, ensuring that both parents’ responsibilities and rights are well-defined and respected. Whether it’s a divorce, separation, or post-divorce modification, we help you draft an agreement that ensures the child’s well-being is prioritized. Our legal team works to minimize conflict by offering amicable solutions and handling disputes in the most effective manner. By providing expert legal advice, we help parents reach custody arrangements that foster a stable and healthy environment for the child.

Restoration of Parental Rights

If your parental rights have been revoked and you seek restoration, we provide the legal support necessary to guide you through the process. We evaluate your situation, helping you understand the grounds for the deprivation and the steps required to reinstate your rights. Our experienced team assists in filing petitions, gathering necessary documents, and representing you in court. We work tirelessly to ensure that any changes in your circumstances are considered and that the child’s well-being remains the priority throughout the process.

Guardianship and Custodianship

Our legal team offers comprehensive services in guardianship and custodianship cases, ensuring the safety and well-being of minors when their parents are unable to care for them. We assist in appointing legal guardians or custodians who are responsible, ensuring that the child’s needs are met in a safe environment. Whether you’re seeking guardianship or need assistance managing custody issues, we help navigate the legal process, ensuring all procedures comply with the law and serve the child’s best interests.

Adoption in Belarus

Adopting a child in Belarus requires navigating complex legal procedures and ensuring compliance with national regulations. We provide expert legal services for families seeking adoption, offering guidance throughout the process. Our team helps you understand the legal requirements, including home studies, documentation, and court procedures, ensuring a smooth transition. We are dedicated to assisting adoptive parents in securing the legal rights to raise their child, handling all paperwork and legal steps while protecting the child’s best interests at all times.

Parental Rights Limitation

In certain circumstances, a parent’s rights may be limited rather than fully revoked. Our legal services help you understand when and how parental rights can be restricted due to factors like neglect or harm to the child. We assist in filing petitions for limitations, representing clients in court, and ensuring that any decision made serves the child’s best interests. Our team works with guardianship authorities, ensuring that the restrictions placed on the parent are legally sound and aimed at protecting the child’s welfare.

Contesting Parental Records

Our firm offers services for parents who wish to challenge the accuracy of their parental records. Whether disputing parentage or correcting errors, we help clients navigate the legal steps required to amend official records. We assist in filing legal motions, collecting necessary evidence, and representing clients in family court. With our help, you can ensure that your parental records reflect the correct information, avoiding any future legal complications or issues related to custody, inheritance, or parental responsibilities.

Alimony Recovery

We help individuals recover alimony payments from their former spouse or partner. Whether you are seeking initial alimony support or have been denied payments, our team provides expert legal services to enforce alimony orders. We assist in negotiating settlements or filing motions for enforcement in court. Our goal is to ensure that you receive the financial support you are entitled to under the law, and we work diligently to ensure timely payments for your well-being and the support of your children.

Alimony Recovery from Foreign Citizens

Recovering alimony from foreign citizens can be a complex legal process, especially when international laws are involved. Our legal experts specialize in cross-border family law, helping clients recover alimony from individuals residing outside the country. We work with international authorities, ensuring that the payment order is enforceable across borders. Our team guides you through the necessary steps to secure financial support for your children or yourself, working within international legal frameworks to ensure that alimony obligations are met.

Modification of Alimony Amounts

Changes in financial circumstances may require modifications to alimony agreements. Whether you need to increase or decrease the amount of alimony, our legal team provides services to help you petition for adjustments. We assist clients in collecting relevant evidence and representing them in court to ensure that the alimony payments are fair and in line with the current situation. Our goal is to ensure that both parties are treated justly and that any changes are made in accordance with the law.

Why Us

Personal Approach

We prioritize your unique needs and offer tailored legal advice that puts your family’s interests first.

Experienced Family Lawyers

Our team brings years of expertise in family law, ensuring confident guidance through your legal matters.

Cross-Industry Experience

We leverage diverse industry insights to provide innovative legal solutions for complex family law cases.

We Speak Your Language

Clear communication is key. We’re committed to understanding you and explaining everything in simple terms.

Achieving Results

We focus on delivering successful outcomes, working relentlessly to protect your rights and reach your goals.

International Experience

With global legal experience, we handle cross-border family law matters with expertise and a comprehensive approach.

FAQ

Can parental rights of the biological father of a child be deprived if he often drinks, does not have a permanent place of work, is not interested in the health and success of the child, and there are arrears of alimony payments?

Yes, the biological father’s parental rights can be deprived under such circumstances. If the father engages in behavior that endangers the child’s well-being, such as substance abuse, neglect of parental duties, and failure to provide financial support (alimony arrears), these are valid grounds for parental rights deprivation. The court will assess whether his actions adversely affect the child’s health, development, and overall safety.

Is it possible to deprive the father of parental rights to the child, who is already 20 years old, but she is studying in higher education and paying for it herself?

No, parental rights typically apply to children under the age of 18, or until they reach financial independence. If the child is over 18 and pursuing higher education, the father’s parental rights cannot be revoked based solely on the child’s age or education status. However, if there are other significant factors, like neglect or abuse, those could still influence legal decisions regarding parental rights.

One of the biological parents has been deprived of parental rights. Can the child count on inheritance after his death?

Yes, even if a biological parent’s parental rights are revoked, the child still retains inheritance rights from that parent. The child can inherit from the parent unless specifically disinherited in a valid will. Parental rights deprivation typically does not affect the child’s legal claim to inheritance under the law.

Can the biological father regain parental rights if he rethinks his behavior and claims to have reformed? Is this possible if the child has already been adopted by another person, such as the current spouse of his ex-wife?

Regaining parental rights is possible if the parent demonstrates significant positive changes in behavior and proves that the child’s well-being will no longer be compromised. However, if the child has already been adopted by another person, the adoption severed the biological parent’s legal rights, making it extremely difficult or impossible to restore those rights without the adoptive parent’s consent.

Is the child’s own wishes taken into account when the court considers the deprivation/restoration of parental rights?

Yes, the child’s wishes are considered in court, especially if the child is over a certain age (usually around 10 years or older). The court takes into account the child’s emotional and psychological well-being, and their opinion can influence decisions on both deprivation and restoration of parental rights, depending on the case’s specifics.

After a divorce, a man was deprived of parental rights. He plans to marry another woman in the future. Will he be able to adopt her child?

Yes, a man who has been deprived of parental rights to his biological child can adopt his future wife’s child, provided he meets the legal requirements for adoption. The key factors are his ability to care for the child and his legal eligibility to adopt. The adoption process would require approval by the relevant authorities, including a review of his personal circumstances.

Can a parent’s conviction for a serious or especially serious crime be grounds for deprivation of parental rights?

Yes, a parent’s conviction for a serious or especially serious crime can be grounds for the deprivation of parental rights, especially if the crime poses a direct risk to the child’s well-being or safety. The court considers whether the crime affects the parent’s ability to care for and protect the child, which could lead to the termination of parental rights.

Is a large arrears of alimony a ground for deprivation of parental rights?

While large arrears of alimony alone may not directly result in the deprivation of parental rights, it can be a contributing factor if the non-payment of alimony indicates neglect or irresponsibility on the part of the parent. If the failure to provide financial support affects the child’s well-being or shows disregard for parental duties, the court may consider this behavior when making decisions about parental rights.

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Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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info@ambylegal.by
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Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Monday-Friday 9:00-19:00

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