How to return a child?

Lyudmila Fedotova
Lyudmila Fedotova
October 2, 2014
How to return a child?

According to the current legislation, there are two main situations when the guardianship authorities can take children out of the family: with the deprivation of parental rights or with their restriction. But in any case, the final decision is made exclusively by the judge in the process of consideration of the case. And this applies to both the withdrawal and the return of the child to the family.

How to return a child in case of deprivation of parental rights

With the deprivation of parental rights, return the child to the family can only be in a judicial order. The basis for the removal of children by the guardianship bodies is failure to fulfill parental responsibilities, child abuse, drug or alcohol abuse. To return the baby, it is necessary to prove in court that the attitude towards the child and the lifestyle have changed for the better.

But it should be understood that six months after the deprivation of parental rights, the baby can be adopted. In this case, it will be impossible to return the child. In addition, when considering the issue of restoring parental rights after the rehabilitation of parents, the court takes into account the wishes and interests of the children.Moreover, if the child is already ten years old, then without his own consent to return to the family, the judge will not make a positive decision on the restoration of parental rights.

How to return a child with the restriction of parental rights

There are situations when the behavior of parents represents a threat to their child, but there is no reason for the immediate deprivation of rights. In the event of such circumstances, the guardianship authorities have the right to apply to the court to limit parental rights.

Certainly, the causes of unsatisfactory and dangerous behavior of parents in relation to their children can be mass: mental disorder, difficult life situation, etc. Therefore, parents are given six months to eliminate the problems that have affected the restriction of parental rights.

During this period, they can independently apply to the court with a statement to lift the established restrictions, but only if the danger to the child has been eliminated. At the same time, during the trial, it will be necessary to prove that the conditions for raising a child have changed for the better.



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