Parental rights form a basis for family life and are a crucial legal concept that ensures the welfare of the child. So do parents in Armenia, as in most other systems of law, have the rights and duties that pertain to their children. However, certain circumstances may violate or challenge those rights: divorce, separation, neglect, or legal action. Understand how to protect parental rights on an extrajudicial level, as well as through courts, whenever that occurs.
This article provides insights into the legal tools that allow one to protect parental rights in Armenia, distinguishing between extrajudicial and judicial means, emphasizing the importance of obtaining legal assistance from an attorney specialized in parental law or a family law.
What Are Parental Rights?
It gives parents the authority to legally decide for the child. Such decisions may refer to the child’s education, health care, religious training, residence, or welfare in general. In Armenia, since both parents have their rights equally, a court will only interfere and decide otherwise on a case-by-case basis-e.g., abuse, neglect, abandonment.
The Family Code of Armenia defines the general scope of these rights and responsibilities. In real life, however, these rights often come into conflict, especially in cases of divorce, disputed custody, and an attempt at alienation from one parent to another. In such cases, the law should be put into action to defend and enforce these rights.
Extrajudicial Protection of Parental Rights
Extrajudicial protection means solving issues related to parental rights without the intervention of a court. Mostly, this way is easier, faster, and cheaper, unlike filing a court case; also, it reduces emotional stress on the child.
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Negotiation Between Parents
In easygoing instances, a couple with a child may enter into an agreement about matters touching upon custody, visitation, or decision-making. They work out on these matters through open expression and mutual respect; often, they come to an agreement with the help of mediators or a parental rights attorney.
Currently, many family law offices in Armenia offer mediation services where a neutral mediator will sit down with the parties to resolve a matter in time that is in the best interests of the child. The out-of-court agreements can be put into writing to be signed by both parties and are just as binding outside court as within a court decision.
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Notarial Agreements
Another extrajudicial measure available for parents is a notarial agreement. In this, the parents create a schedule of custody or visitation rights and register it with the notary. This document has legal force and may later be used as evidence against a violating party. Many law firms in Armenia offer assistance in the drafting of such agreements to ensure that theirs comply with the laws of the country and safeguard the rights of both the parents and the child.
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Child Protective Services Intervention
Parents or guardians may institute proceedings with the Guardianship and Custody Authority in Armenian in cases where a child’s life or welfare is threatened, but immediate court action is not yet necessary. In such cases, the administrative body may provide temporary relief in matters of abuse, neglect, and abandonment. They would investigate the allegations, mediate between the parents, or propose further legal action.
Judicial Protection of Parental Rights
If everything fails extrajudicially, judicial protection may come into the scene. In fact, this implies filing a claim in court to settle the dispute and to enforce or restore parental rights.
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Custody Disputes
One of the most common judicial procedures is deciding on which parent will have the primary custody of the child. These judicial decisions shall be made with respect to the best interests of the child, taking into account:
- Emotional bond with each parent
- Financial and living conditions of each parent
- Age of the child, said preferences (if the child is old enough for that), and special needs
- Maintenance for each parent, so during and after the divorce
An experienced attorney can try to prove evidence for his/her side and mutually protect the parent-child relationship throughout the custody process.
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Visitation Rights and Communication
Normally, if one parent is granted sole custody, the other one will retain the right to have regular contact with and communication with the child. When such rights are obstructed, for example, when the custodial parent refuses to allow visitation to occur or relocates the child from the place of residence without consent, the non-custodial parent may institute court proceedings to restore access.
A court may enforce the visiting arrangements, may penalize the parents for repeated infringements, or, in more serious circumstances, may address a change of the custody order.
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Restoration of Parental Rights
Some parents have had their parentage and parental rights limited or terminated through the processes of abuse, neglect, or incapacity. Along these lines, it may be possible to apply for restoration. Under Armenian law, parental rights restoration is permissible if a parent proves himself to be rehabilitated, leading an orderly life, and truly committed to the welfare of the child.
Such matters are intricate and usually turn on extensive legal representation. There are many law firms throughout Armenia that specialize in such proceedings and will fully represent parents through every stage of the law.
On the one hand, parental rights are fundamental rights related to family life and child welfare and need to be protected diligently, both extra-judicially and within the courtroom. In Armenia, there is equal legal authority granted to parents in all matters concerning the child; however, their rights may be challenged on account of divorce, neglect, or dispute. As explained throughout this article, going to the barricade over a disputed parental right may never be necessary if Armenian law ensures the interests of the child first and foremost through out-of-court-settlement or judicial resolution of such disputes.
A plethora of options, such as negotiation, entering into a notarial agreement, or seeking the intervention of child protection services, offer simple solutions to many of these cases that otherwise would never end up in court. On the other hand, in situations where courts need to intervene concerning custody disputes or enforcing visitation rights, or even restoring parental rights of a party to whom such rights were previously ceased, courts have a huge role to play.
