This article will discuss what constitutes the procedure for depriving a father of parental rights. Judicial practice shows that most often it is for one reason or another that it is men who suffer. The court often takes the side of the mother. But there are exceptions. In any case, the reasons for the deprivation will be the same. And the process itself proceeds in a similar way. What features should be considered when solving a task? What can serve as the basis for the deprivation of the rights of a parent?
Terminology
The first step is to figure out what kind of process is in question. After all, this action entails a number of consequences that in the future will affect the life of the baby.
Deprivation of the rights of legal representatives is the removal of a person’s responsibility for caring for a minor and for its maintenance. He ceases to be an official parent and can no longer raise a child. In fact, any legal and family relationship between a minor and a person deprived of their rights is interrupted. Citizens, from a legal point of view, simply become strangers to each other.
Reach an agreement
Depriving a father of parental rights (judicial practice is increasingly confronted with this situation) is a responsible matter. A showdown in the boardroom is a last resort. Maybe the biological dad himself does not want to be responsible for the minor? Then you can avoid unnecessary problems. It is not necessary to go to court. It can be agreed that the father of the child voluntarily abandons the minor. This practice is common in the adoption of a baby, for example, a new husband of a biological mother.
In this situation, the pope voluntarily deprives himself of parental rights. But this is far from the most common scenario. The thing is that if a parent is deprived of the right to raise a child, after adulthood, the baby will not have to assume obligations to maintain the needy parent. Therefore, rarely does anyone refuse such a chance. It is necessary to carry out compulsory deprivation of the father of parental rights. Judicial practice very often faces this situation. Just like that, according to the personal desire of the mother, it is impossible to bring the idea to life. For such a serious action, good reasons are needed. Which ones?
Dependence
What is the deprivation of parental rights (father) grounds? The Family Code of the Russian Federation provides for several items that help mothers get rid of a negligent dad and rob him of any opportunity to see his child. The first reason you can go to court with a statement is that the baby’s biological father has some kind of addiction. For example, alcoholism or drug addiction. Even gambling can serve as a basis.
The practice of depriving a father of parental rights is very common. And in most cases, it is dependencies that are the arguments for satisfying the statement of claim. If a person does not have any addiction, you should not be upset. Now the father can be officially suspended from performing his duties on other occasions.
Abuse
What else should you pay attention to? What are the reasons for the deprivation of parental rights of the father? The Family Code of the Russian Federation indicates that abuse of one's parental rights can also be a strong argument for this. Initially, the father and mother should take care of protecting the freedoms and interests of the child. If they "crush" the minor with their authority, do not reckon with the opinion of their son or daughter, raise their hands on them, they will have to defend the rights of the minor in court. And the negligent parent is first limited in rights, and then completely deprived of them. This reason becomes the second serious reason that occurs in practice. But that is not all. Recently, more and more there are other options for the development of events.
Improper performance of duties
For example, the deprivation of the parental rights of the father of the child may occur due to the lack of proper fulfillment of the duties of raising and caring for a minor. This may include the parent's refusal to pick up the baby without good reason from the hospital, as well as from other medical and educational organizations. Also, the actual absence of childcare entails the deprivation of the rights of the parent.
More and more often there are situations in which the mother herself contains the baby, feeds and educates him, provides everything necessary. And there is a father, but only according to the documents - in real life, he is not at all involved in the life of a minor. Such a parent can easily be deprived of the rights to the baby.
Cruelty
What else could lead to the deprivation of the parental rights of the father? Judicial practice shows that cruelty towards children often also causes a mother to go to court. And no one can refuse her. After all, children must be protected. And if one of the parents poses a danger to the health and life of the peanut, it is required to deprive him of the right to raise a minor. A distinctive feature of cruelty is that not only physical injuries, but also psychological pressure on the child will be taken into account. All this allows the mother to turn to the judiciary.
Attack
What other reasons does the Family Code have to carry out the process under study? Deprivation of the parental rights of the father may occur due to an attempt on the life and health of the child. If a citizen tried to kill or cripple a minor, his rights to take care of the baby can be taken away from him.
Also included is an attack on a spouse. More precisely, the second parent. If the husband tried to cripple his wife, the mother of the child, the first can be suspended from fulfilling parental obligations. Not the most common practice, but it does occur.
Alimony
What else threatens to deprive the father of parental rights? Judicial practice indicates that recently, one of the reasons for this act is the avoidance of maintenance obligations. And it doesn’t matter if the parents were married or they were never officially connected. Material support of a minor is the responsibility of both mother and father. They should equally care for the child, support him.
Thus, if one of the parents (in this situation, dad) is assigned to pay child support in one way or another, you will have to fulfill this obligation. Otherwise, the second parent is able to complain. As a result, the deprivation of parental rights will occur. It's simple: the father did not fulfill his maintenance obligations, so in the future the requirements for material support of the needy negligent parent will be removed from the child.
Criminal record
You can deprive the parental rights of the convicted father. Judicial practice is not too often, but is faced with similar phenomena. In general, if a parent is accused of a crime, mainly a criminal one, his rights to a child can be limited. And if the misconduct has especially grave consequences - to deprive him of them completely.
The presence of the pope in court in this situation is not required. You can deprive the parental parental rights, even if only the plaintiff comes. The main thing is to collect a certain list of documents and submit them to the court. How does the deprivation of parental rights of a father occur? Judicial practice is often confronted with mothers who want to take away from the former (mainly) husband all "types" of the baby. But to implement the idea, you have to collect a certain package of papers.
Documents for the claim
Where to start? First of all, it is recommended to see which particular case of deprivation of rights to care for a child takes place. The list of documents attached to the claim will directly depend on this. The following papers shall be provided without fail:
- A lawsuit describing the position of the one who goes to court with a request.
- Identity card (passport) of the plaintiff.
- Birth certificates of all children in common with the respondent.
- Documents confirming marriage / divorce.
- Certificate of residence of children.
And then it all depends on the specific situation. In one case or another, the mother of the child will have to provide evidence of her position to the court. What exactly can it be? For instance:
- Medical report of a narcologist / psychiatrist about the state of health of the father of a minor.
- Certificates on the removal of beatings (both in relation to the mother and the child).
- Witness's testimonies.
- Documents issued by a child psychologist. They must confirm the psychological abuse of the father of the child.
- Judgment of coercion to pay child support and the absence of these payments.
- The court opinion on the assignment of a minor criminal record to a father under this or that article.
All documents must be submitted together with the claim in the original. You can use notarized copies. Then within 30 days the request will be considered. The court will set the date for the relevant meeting.
Sample Claim
That is how the deprivation of the parental rights of the father occurs. The statement of claim, the sample of which is presented below, is just a small template that you can use when writing a statement to the court. First, data on the judicial authority to which the appeal takes place are written in the upper right corner. Then you can follow the pattern:
"I, Ivanova, Maria Petrovna, born on 02/12/1965, the mother of Ivanov, Ivan Ivanovich, born on September 15, 2001, by this statement, I ask to suspend my ex-husband, father of a child, Ivanov Ivan Igorevich, born on 08/24/1965 from fulfilling parental obligations due to malicious non-payment of alimony and due to child abuse.
On August 15, 2014 Ivanov Ivan Igorevich came to take a walk with his son in the playground. At 14:30 that day, the neighbors saw my ex-husband repeatedly hit our son in the face. The child fell, hit his tunic and received a concussion and abrasion. The medical report and video footage shot by the neighbors are attached to this statement. Also from September 28, 2013 Ivanov Ivan Igorevich refuses to pay the alimony assigned to him earlier. As proof of the attached statement of the account to which my ex-husband transferred child support. The neighbor who saw what happened on August 15, 2014 is Natalya Klimentyeva, who lives at the following address: Tula, st. Ivan Susanin, house 12, apt. 64, tel. +79814655555. "
At the end of the statement, a signature and a date are put. Now you can wait for the deprivation of the father of parental rights. The sample presented earlier can be used as a template in almost any circumstance.
After the trial
What to do after the trial? Now it remains only to delete the negligent father from the birth certificate. How to do it? The mother should have a conclusion on the decision. If the dad of the minor has an additional criminal record, this certificate must also be taken. Do not forget about the certificate of divorce, as well as the birth of minors. Identity card of the mother is also a mandatory document that will be required in the future. The deprivation of the father's parental rights is almost fully completed. Judicial practice indicates that at first, as a rule, parents are restricted in their rights, and then they are completely taken away.
Further, with all of the above securities should contact the registry office. Employees will help write an application to amend the birth certificate of the child (or children). Mother must pay the state fee - 350 rubles. Then show a receipt confirming this. After this, within a week you can pick up a new birth certificate, where there is no record of a negligent father.