The lawyer told how to regain parental rights after its deprivation – Rossiyskaya Gazeta

“Russian family legislation provides for the possibility of restoring parental rights, as established in Article 72 of the Family Code of the Russian Federation.

But the process of restoring parental rights is not simple. First of all, there must be grounds for the restoration of parental rights, that is, those circumstances that led to the deprivation of parental rights must be excluded. The procedure for restoring parental rights is carried out in court, so documentary evidence of the absence of circumstances that previously contributed to the deprivation of parental rights will be required,” lawyer Yuta Kopaeva told Rossiyskaya Gazeta.

In most cases, from a parent who wants to regain his rights, according to her, medical certificates about cure from alcoholism, drug addiction or mental illness, references from the district police officer, certificates from the place of work, references from the neighbors. and colleagues.

“A citizen has the right to apply to the judicial authority for the restoration of parental rights six months after the entry into force of the act of deprivation of parental rights. A statement of claim for the restoration of parental rights is filed with the court district at the place of residence or stay of the child, the defendant is the second parent or guardian or a children’s organization.

Participation in the trial must be done in person. You must be prepared for the court to take into account the opinion of a child over 10 years old. If he is against the return of parental rights, then the claim for restitution of parental rights will be denied,” the lawyer clarified.

In addition, if the child reaches the age of majority at the time of considering the claim, the court will also refuse to satisfy the claim. If the court refuses to restore parental rights, the plaintiff has the right to appeal to a higher authority.