Unlucky moms and dads can be restored in parental rights if they prove their correction. To do this, they need to collect some documents and go to court with a corresponding statement.
Deprivation of parental rights is the most severe measure of influence for parents who have abandoned the upbringing, maintenance and education of a child. But rights can be restored if the parents radically changed their behavior.
How to get parental rights back
In order to return a child, it is necessary not only to change your environment, but also to change internally.
If a father or mother, deprived of their rights, changed their lifestyle (underwent a course of treatment for alcoholism or drug addiction, got a job, put their house in order, changed their 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 at their place of residence with an application for the restoration of parental rights.
The court considers such cases with the obligatory participation of representatives of the guardianship authorities and prosecutors. Rights are restored only for children under the age of 18.
What documents will be required
Parental involvement will not be a formality. The guardianship carefully examines the applicant's new lifestyle before giving a positive opinion.
As evidence, it is allowed to submit any written information indicating that the parent has become responsible for his life.
- certificate from the place of work about the amount of salary;
- conclusion on the state of health;
- an apartment survey report, which will confirm that the housing is in good sanitary and hygienic condition and is suitable for a child;
- information about the behavior from the place of residence (characteristics certified by the housing maintenance organization with the signatures of neighbors);
- the conclusion of the guardianship department that the parent's lifestyle does not pose a threat to the health and life of the child, and therefore the father or mother has the right to return the child.
According to the law, if the child is already 10 years old, the rights of the parents are restored only with his consent. Therefore, in addition, a certificate-conclusion from a specialist psychologist may be required that the teenager does not object to the return of rights to the parent.
Younger children may also be asked if 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 himself and changed his worldview, including in relation to the upbringing of the child. It is important for the court to see not intentions or plans, but concrete actions that lead to the conclusion that the parent is ready to fulfill his duties.
Exception to the rule
The legislator will not allow the return of parental rights if the child is adopted and the adoption is not canceled by a court decision.