Lawyer on deprivation of parental rights in Belarus

If you’re facing a deprivation of parental rights case in Belarus, it’s crucial to have experienced legal representation. A lawyer specializing in this area can guide you through the legal complexities, ensuring your case is presented effectively. At Ambylegal.by, our attorneys are dedicated to protecting the best interests of children while navigating the legal processes of parental rights deprivation. Trust us to provide you with personalized support and a strategic approach to your case.

How the court deprives parents of their rights

One of the parents or the guardian, the child’s trustee, the prosecutor, the commission on juvenile affairs or other state body may file a claim with the court for the deprivation of parental rights of one or both parents.

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.

Jurisdiction of cases on deprivation of parental rights

Claims for deprivation of parental rights in Belarus can be filed in various jurisdictions. These include the place of residence of the defendant, the plaintiff, or the child, particularly if the child resides in an orphanage. The court will determine the appropriate jurisdiction based on the circumstances of the case, ensuring that the legal proceedings are conducted in the most suitable location to protect the child’s well-being and uphold parental rights.

Deprivation of parental rights on the child’s initiative

In cases of deprivation of parental rights initiated by the child, the child’s guardian, custodian, or other parent may file a petition on their behalf. The child is then considered the plaintiff in the civil case. To support the petition, the court requires strong evidence of the grounds for deprivation, which may include reports from the guardianship and custody agency, testimonies from school or kindergarten representatives, as well as photographs and written documentation that demonstrate the need for such a measure.

Refusal to terminate parental rights

If the court determines there are insufficient grounds for depriving a parent of their rights, it may reject the petition. The court carefully considers factors such as the parent’s character, work history, and other relevant circumstances. If the child is 10 years old or older, their opinion may also be taken into account in the decision. Additionally, a claim for the deprivation of parental rights will be denied if the parent is found to suffer from a mental illness that impacts their ability to care for the child.

Consequences of termination of parental rights

When parental rights are terminated, the parent loses all legal rights and responsibilities towards the child. This includes being unable to act as the child’s guardian or representative in institutions such as schools and kindergartens. The parent also forfeits rights to inheritance from the child, as well as the right to receive financial support, including a pension after the child’s death. However, parents remain obligated to provide financial support for their children. Alongside the termination of parental rights, a lawsuit for child support can still be pursued.

Our Services

Parental Rights Termination Advice

We provide expert guidance on the process of parental rights termination and explain its long-term consequences, ensuring you understand the legal implications.

Neglect of Parental Responsibilities Consultation

We assist in evaluating and advising on the evidence needed to prove parental neglect, helping you navigate the legal process with clarity.

Parenting After Rights Deprivation Advice

We offer legal advice on the rights and responsibilities of a parent who has been deprived of parental rights, focusing on their role in the child’s upbringing.

Document Drafting & Court Applications

We help prepare all necessary documents, including court applications and appeals, ensuring compliance with legal requirements for cases involving parental rights.

Court Representation

Our legal experts represent your interests in court, advocating for your case with professionalism and dedication throughout the entire legal process.

When a parent may be deprived of parental rights

Evading Parental Duties

A parent may be deprived of rights if they consistently evade their responsibilities to raise, care for, and financially support their child, neglecting their basic parental obligations.

Cruel Treatment & Abuse

Parental rights can be terminated if a parent cruelly mistreats or abuses the child, showing disregard for the child’s well-being and violating their protective rights.

Immoral Lifestyle Impacting Child

If a parent leads an immoral lifestyle that negatively impacts the child’s mental, emotional, or physical development, it may lead to the termination of parental rights.

Parental Abandonment & Consent to Adoption

Parents who abandon their child and submit a formal statement consenting to adoption may lose parental rights, as their neglect and consent to adoption affect the child’s future.

Child Taken by Juvenile Commission

If a child is removed from parental custody by the Juvenile Affairs Commission and the conditions that led to removal have not improved within 6 months, parental rights may be revoked.

Reasons for Depriving a Child

Immoral Lifestyle of Parents

A child may be selected for protection if the parent’s immoral lifestyle severely influences the child, affecting their safety, development, and well-being.

Chronic Substance Abuse

Chronic alcohol or drug abuse by the parent, or any other form of neglect, may put the child at significant risk, leading to the selection of the child for care.

Abandonment After Birth

If a child is abandoned after birth in a maternity hospital, it raises immediate concerns for their well-being, prompting child protective services to take action.

Failure to Pick Up from Hospital

If a parent fails to pick up their child from the hospital without a valid reason, it may be deemed as neglect, leading to the child’s selection for alternative care.

Other Services

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Determination of the Child’s Place of Residence

We provide legal assistance in determining the appropriate place of residence for the child, ensuring their best interests are prioritized. Whether parents are separated or divorced, our lawyers help establish a residence arrangement that is in line with Belarusian law and supports the child’s well-being. We assist in filing petitions and representing your interests in court to ensure a fair decision is made regarding custody and living arrangements.

Determination of Other Order of Departure of the Child

If there are disputes about a child’s departure from the country or other matters related to relocation, we offer expert legal guidance. Our lawyers assist in determining the legal procedures for the child’s departure, including obtaining necessary consents from both parents or other authorities. Whether it’s a temporary or permanent move, we help protect the child’s rights and ensure compliance with Belarusian laws surrounding international travel and relocation.

Deprivation of Parental Rights

We assist in cases involving the deprivation of parental rights, helping to navigate the complex legal process. If a parent has failed to meet their duties or has mistreated the child, we can guide you through the necessary steps to request the termination of parental rights. Our legal experts evaluate the situation, gather required evidence, and represent your interests in court to ensure the child’s protection and safety is prioritized.

Agreement on Children

We help create legally binding agreements between parents regarding child custody, visitation, and support. These agreements are designed to ensure the child’s welfare and clarify both parents’ responsibilities and rights. Whether it’s establishing visitation schedules or deciding on major decisions regarding the child’s education and healthcare, our team works to create an agreement that protects both the child’s best interests and the parents’ rights under Belarusian law.

Restoration of Parental Rights

If parental rights have been previously terminated, we assist in restoring them when circumstances improve. Our team works closely with you to gather evidence and present a compelling case for the restoration of parental rights. Whether you’ve completed rehabilitation or demonstrated the ability to provide a stable and nurturing environment, we guide you through the legal process, ensuring you meet all requirements to regain your parental rights under Belarusian law.

Guardianship and Custodianship

We offer legal services to individuals seeking guardianship or custody of a child in Belarus. Our team helps navigate the legal procedures for applying for guardianship, whether due to parental neglect, death, or other circumstances. We assist in preparing and filing all necessary documents, representing your interests in court, and ensuring the child’s best interests are met. Whether you are a relative or a non-family member, we provide the legal support needed to secure guardianship or custody.

Adoption in Belarus

We assist in the adoption process in Belarus, providing step-by-step guidance for both local and international adoptive parents. Our legal experts handle all aspects of adoption, including the required documentation, court hearings, and ensuring compliance with Belarusian adoption laws. Whether you’re adopting a child domestically or internationally, we offer personalized support to make the adoption process smooth and legally sound, protecting the child’s rights and ensuring a permanent, loving home.

Restriction of Parental Rights

In cases where a parent is unfit to exercise full parental rights, we help secure a restriction of those rights in the child’s best interests. Whether due to substance abuse, criminal behavior, or neglect, we assist in seeking a court order to limit the parent’s ability to make significant decisions or have unsupervised contact with the child. Our team provides guidance and representation to protect the child from harm while ensuring the court’s decisions align with the child’s welfare.

Challenging the Record of Parents

If there is a need to challenge an incorrect or misleading record of parental rights, we offer expert legal services. Our lawyers help contest any inaccuracies or errors in official records related to parental rights, ensuring that the child’s guardianship and custody records reflect the true legal situation. Whether disputing wrongful accusations or correcting outdated information, we provide the legal support necessary to protect the rights and interests of the parents and the child.

Alimony Collection

We provide assistance in the collection of alimony payments, ensuring that custodial parents receive the financial support they are entitled to. Our legal team helps enforce alimony agreements, whether established through court orders or mutual agreements. We guide you through the process of securing overdue payments, taking necessary legal actions such as garnishing wages or other enforcement measures, and ensuring the financial needs of the child are met in compliance with Belarusian law.

Collection of Alimony from a Foreign Citizen

If the parent obligated to pay alimony resides abroad, we assist in collecting alimony payments across borders. Our team works with international authorities and legal systems to ensure that alimony obligations are fulfilled, even if the paying parent is a foreign citizen. We help navigate the complexities of international law, using all available legal channels to secure the necessary payments for the child’s support, while ensuring compliance with international alimony agreements.

Changing the Amount of Alimony

We assist in modifying the amount of alimony based on changes in circumstances, such as changes in income, employment, or the financial needs of the child. Our legal experts help file the necessary petitions to request a modification of alimony payments. Whether you are seeking to increase or decrease the amount of alimony, we represent your interests and help you achieve a fair and legal adjustment based on the current situation, ensuring the child’s needs are appropriately met.

Why Us

Personal Approach

We tailor our services to meet your unique needs, offering personalized legal advice and support throughout your case to ensure the best possible outcome.

Experienced Family Lawyers

Our team consists of seasoned family lawyers with years of experience handling complex family law cases, ensuring expert guidance and reliable representation.

Cross-Industry Experience

We bring diverse cross-industry knowledge to the table, allowing us to approach your case from various angles and find the most effective legal solutions.

We Speak Your Language

We communicate in clear, accessible terms and understand the local culture, making complex legal concepts easy to understand and ensuring a seamless experience.

Getting Results

We are committed to achieving the best possible results for our clients, with a proven track record of successful outcomes in family law cases.

International Experience

With experience in handling international family law matters, we provide expert guidance for cases involving cross-border custody, adoption, and alimony issues.

FAQ

Who can’t be deprived of parental rights?

Parents cannot be deprived of parental rights in the following cases: when a child has reached the age of majority (18 years), is married, or has been declared fully capable. In these situations, the parents retain their legal rights.

Can parental rights of the biological father of the 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 in child support payments?

Yes, a biological father can be deprived of parental rights if he neglects his duties, including substance abuse, lack of stable employment, and failing to provide for the child. His failure to support the child financially may also be grounds for deprivation.

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

Yes, a child can inherit from a parent who has been deprived of parental rights, as the child retains their right to inheritance unless the child has been adopted. The termination of parental rights does not affect the child’s right to inherit.

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

A biological father can seek to restore parental rights if the child has not been adopted. However, if the child has been adopted, parental rights are irrevocably terminated, and the biological father cannot regain them.

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

Yes, the child’s wishes are considered if they are over the age of 10. The court may take the child’s opinion into account, but it is not decisive. The child’s interests and well-being are the primary considerations.

Does a biological father who has been deprived of parental rights have the right to communicate with his child?

A biological father deprived of parental rights may not automatically have the right to communicate with the child. However, communication can be arranged if the court determines it is in the best interest of the child. The mother’s opinion and the child’s wishes are also considered.

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Lawyer

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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