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Deprivation of parental rights is connected with the protection of the rights and interests of the child, and is considered as a measure of the liability, applied by the court in the case of the parents or one of the parents has commited law violation or intentional criminal offense against the life or the health of their child.
The lawyer for the deprivation of parental rights our company will provide full legal support in the direction. Deprivation of parental rights is made in a judicial order in case stipulated by the Family Code of Armenia.
Questions connected with the deprivation of the parental rights:
• Deprivation of the mother's or father's parental rights;
• The right to appeal to the court with a claim on deprivation of parental rights;
• Legal consequences caused by the deprivation of parental rights;
• Shelter the child, whose parents were deprived from parental rights;
• The restoration of parental rights;
• The adoption of a child.
Grounds for deprivation of parental rights:
• Evasion from execution of their duties for the upbringing of the child;
• Treat the child severely;
• The presence of chronic alcoholism or drug addiction of the parents;
• Any kind of exploitation of a child, forced child to begging and vagrancy;
• The condemnation of one of the parents for committing an intentional crime against the child.
A person may be deprived of parental rights in respect of all of their children, or one of them.
The persons having the right to apeal to the court with a claim about deprivation of the parental rights:
• One of the parents, scrupulously performing parental duties;
• The adoptive parent or the guardian (guardian);
• Foster parents;
• The prosecutor, bodies of trusteeship and guardianship;
• Health care facilities;
• Institutions for children - orphans and children,who were left without parents care;
• A relative of the child, who in fact brings up the child, in the family of whom the child lives.
At the same time with the deprivation of the parental rights the court may authorize the issue of recovery of the alimony on the maintenance of the child.
The child on request of the second parent can be transmitted to him. If the child cannot be transferred to the other parent, a preferential right for the transfer of a child have, at their request, the grandmother and the grandfather, adult brothers and sisters, and other relatives of the child, stepmother, and stepfather.
Deprivation of parental rights - is performed by the court with participation of the trusteeship and guardianship organs.
At the same time the court decides the issue of recovery of the alimony from the parents (one of them), who are deprived of parental rights. Deprivation of parental rights does not exempt the parents from the obligation to support their child.
Child preserves the right of ownership to a dwelling premises or the right to use the dwelling, but also retains the property rights, based on the relationship with his/her parents and other relatives, including the right to inheritance in spite of the fact that one or both of his/her parents were deprived of parental rights.
The restoration of the parental rights is possible, if one or both of the parents have changed their behavior, way of life, the attitude towards the education of the child and if the restoration of the parental rights does not contradict child’s interests.
The case of the restoration of the parental rights are considered with the participation of the guardianship and trusteeship authorities. The restoration of the parental rights in respect of a child, who has reached the age of ten years, is possible only with his consent.
Restoration of the parental rights is not allowed if the child is adopted and it is not cancelled.
The company "Germany Business Association" expresses its sincere gratitude to the specialists of law firm "Your Jurisconsult" for qualified help and support in solving existing problems.Country Director Patrick Jung