With the assistance of the law firm, a complex case was won to terminate the parental rights of a father who had persistently and without valid reasons failed to care for his child and provide child support.
Deprivation of parental rights – the case
Victoria and Emil left for abroad with the aim of finding better-paid jobs, staying at the home of Victoria’s mother, Temenuga*. Instead of starting work, however, Emil devoted himself to gambling, drugs, and criminal activity, supported by Victoria and Temenuga. He managed to “earn” several convictions for crimes he committed.
Shortly after the couple left, their child Plamena was born. She was raised by her mother and grandmother, as her father did not take care of her, stating that he did not want the child and did not recognize her as his own. For this reason, Plamena was registered with her mother Victoria’s first name and surname.
Emil began to physically abuse Victoria and the child, forcing them to return to Bulgaria to get away from him. When Plamena was 8 years old, Victoria died, and ten days later, Temenuga, who had been helping to raise the child, also died. Pamela remained her mother’s sole heir, inheriting half of her grandmother’s estate.
Temenuga’s second daughter and Victoria’s sister, Daniela, applies to be appointed as Plamena’s guardian, and her application is granted. Her husband, Pavel, is appointed as her deputy, and the two of them take on the joint task of raising Plamena together with their two children. They also live abroad.
Immediately after Temenuga’s death, when he found out about it, Emil filed an application recognizing Plamena as his daughter. As a result, a new birth certificate was issued, in which he was listed as her father. Of course, by virtue of the law, the guardianship established in favor of Daniela was terminated by operation of law, since Plamena was no longer a child of deceased parents but had a father.
Emil contacted Daniela, threatening her that if she did not hand over the child, he would take legal action against her and report her to the prosecutor’s office for child abduction. Until that moment, Plamena had never seen him, knew nothing about his existence, had no desire to meet him, and he had never shown any interest in contacting her. For Plamena, Emil is a complete stranger.
This is the moment when Daniela contacted the law firm for assistance, refusing to hand over her niece to a man, whom she did not know, with that clear awareness of the possible consequences. Since she is not among the persons who have the right to request deprivation of parental rights in relation to Emil from her name and with the assistance of the law firm was submitted a report to the prosecutor’s office with a request for the prosecutor to exercise his powers and he to request deprivation of parental rights.
The prosecutor finds Daniela’s request to be valid and files a request against Emil for termination of parental rights.
* In order to preserve attorney-client privilege, the names have been changed.
Termination of parental rights – court decision
The court accepts the prosecutor’s request that Emil be deprived of his parental rights on the following grounds:
1. Emil has numerous criminal offenses and there are pending police reports against him, which is why the court finds that he poses a serious threat to Plamena’s person, health, upbringing, and property;
2. Emil has no legal income. The court finds that Emil’s income is not from employment and has been obtained in an immoral manner;
3. Emil regularly gambles, and the court finds that he is irresponsible, uninterested in his child, and would set a bad example for Plamena;
4. Without good reason, he did not care for her since her birth and did not pay child support. She was supported by her mother Victoria and her grandmother Temenuga.
In addition, the court upheld the prosecutor’s request for Plamena to be placed with Daniela and Pavel as her guardians, as it was found that her aunt and uncle provide adequate care for her, are willing to raise her, have the necessary social – living conditions and personal characteristics for her proper upbringing and education, and Plamena herself feels happy and cared for with them and wants them to take care of her.
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Sole proprietorship law firm company “Silvia Petkova”
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Consultations by phone and in person at the office regarding deprivation of parental rights, as well as any family and inheritance consultations, are provided by appointment only.