What could be the reason for the deprivation of the parental rights of the father? This question is of interest to many women who are not in the best relationship with their ex-spouse. In the legislation of Russia there are many reasons to select the rights of a parent to a minor. When is this possible? And how to achieve the realization of ideas? In fact, everything is not as difficult as it seems. The main thing is to know how to motivate your decision. It is enough to study the Family Code of the Russian Federation.
What are parental rights?
First you need to figure out what kind of concept is in question and what parental rights give. After all, each term in Russian law has its own definition.
We can say that the rights of parents are their responsibility for the child. They should be responsible for the actions of the minor, carry out his education and provide proper care, which contributes to the proper development of the individual.
The rights in question are the parent's responsibility for the child. Deprivation of paternity is quite common recently. And this happens for various reasons.
How can they deprive of rights
The thing is that the studied process is realized in several ways. Which ones? In Russia, a biological dad can refuse a minor child in the following ways:
- through the court;
- independently;
- by transferring their obligations (usually to the new spouse of the ex-wife).
Most often it is the first scenario that takes place. Moreover, the citizen does not apply to the judiciary himself, and the mother of the minor does this for one reason or another. Under what circumstances is parental deprivation possible? How to bring an idea to life? Especially when it comes to a court decision.
Improper performance of obligations
The first, but far from the most common reason why a father can be restricted or even deprived of his rights is the improper performance of parental duties. It has already been said that parents are required to take responsibility for the upbringing and development, as well as the welfare of the minor.
Accordingly, if the father fails to cope with these points, the right to take care of the child can be taken away from him. But it should be noted that a citizen’s lack of earnings is not a reason to suspect him of improper care.
This paragraph implies slightly different options. For example, if a child is constantly injured due to the fact that dad did not keep track of the baby. Or when a minor is starving, since the biological father is not able to feed him. We can say that the pope does not cope with its obligations or does not fulfill them as it should.
Physical violence
What other reasons for the deprivation of parental rights of a father are present? In article 69 of the Family Code of the Russian Federation there is an absolute list of cases in which you can realize the idea. The next option is much more common. After all, we are talking about physical violence.
Beating a child is not only an occasion to limit, and then completely deprive of rights, but also a criminal offense. Therefore, custody bodies will necessarily make claims against their parents for assault. Or to one of them.
Now even physical abuse for educational purposes is prosecuted. This is beating a child. If parents complain, they will first be looked after by the guardianship authorities. Then a warning will follow. If the violence continues anyway, there will be a restriction in parental rights. And the last resort will be their deprivation.
Situations where the father is a domestic tyrant practicing physical violence look completely different. Then the mother of the child has the right to apply to the appropriate authorities so that the biological dad is deprived of the opportunity to care for the minor for assault.
Mockery of the spouse
But this is not all that may relate to the task. The grounds for the deprivation of the parental rights of the father are varied. Among them, one can single out physical violence not only over a minor, but also over the mother of the child. In any case, a domestic tyrant can be either limited in rights or taken away permanently.
Another reason why a minor’s mother has a chance of depriving her father of her rights is an attempt on the life and health of family members. In this matter, it is not the outcome that matters, but the presence of the attempt itself. With him, you can contact the appropriate authorities so that the biological dad (or the adoptive parent) is deprived of the rights of the parent.
Abuse of rights
In general, in Russia right now even the best father or ideal mother can be deprived of parental rights. It is enough simply not to comply with the established standards for the implementation of childcare. The next paragraph, which can be traced in the Family Code of the Russian Federation regarding the termination of parental responsibility, is the abuse of one’s authority.
Yes, it is necessary to educate minors. Moreover, their involvement in household chores is allowed. But without abuse. Children's interests should also be taken into account. And the parent should not abuse their rights.
For example, if a servant is made from a minor in a house that serves his father, this is an abuse. But to ask a child to help, say, to wash the dishes - this is the norm. Accordingly, it is also impossible to force a minor to do what he categorically does not want. An exception is vital procedures. For example, swimming. But forcibly giving a child to boxing, which the baby is not at all interested in, should not be. This act can also be regarded as abuse of parental rights. And if the pope receives a complaint, the guardianship authorities will have to take a closer look at the family.
Alimony
Non-payment of alimony is another reason that allows the mother of the child to relieve the father of all responsibility for the upbringing and care of the minor. Maintenance obligations are considered parental debt. Especially when it comes to divorced parents. So, one spouse all the time lives with a minor. And he carries out real education and care. And the second does this with alimony.
If the parent-payer refuses to transfer funds for the maintenance of a minor, he can be completely deprived of his rights. Only in practice, they usually first try to achieve payments, then restrict the rights of the parent. Only with malicious evasion of child support, the father is completely deprived of the right to care for a minor.
Psychological abuse
Now domestic tyrants may not use physical violence. It is recognized very quickly. And during the assault, a citizen can have problems much more serious than a simple deprivation of the rights of a parent. Therefore, many choose a different path. Which one?
It's about psychological abuse. Intimidation, threats, manipulation of their parental authority - all this negatively affects the development of a minor. The grounds for the deprivation of the parental rights of the father include not only physical, but also psychological violence. Diagnosing it is more difficult, but it can be done. In this case, the father is likely to really be deprived of parental rights. Indeed, often psychological violence does more harm than physical. Perhaps this is one of the most common reasons for women to turn to the appropriate authorities for help.
Alcoholism
Next come bad habits. Parents should not set a bad example for their children. And having bad habits can play a trick on your father. Especially if a person is accused of alcoholism. Even a harmless recent photograph showing alcohol drinking can lead to the deprivation of parental rights.
Typically, women make appropriate statements if the husband drinks and cannot stop. But it is recommended to think about the deprivation of parental rights and those who do not know how to control themselves after taking alcohol. This is also a good reason. Indeed, at such moments, a citizen is able to apply physical violence to a child or his mother. And the inability to control behavior after alcohol intoxication negatively affects the emotional and psychological development of a minor. This is a good argument that will help get rid of a negligent father.
Drugs
How to deprive paternity of a person who has bad habits? Very simple. It is enough to make sure that these very habits are a dangerous addiction. Everything is clear with alcoholism. But the deprivation of parental rights is also possible if the parent suffers from drug addiction.
This may include even a single case of drug use. Alcoholics and drug addicts are a priori unscrupulous parents. They are not able to take proper care of the child. And finding with such personalities does not benefit the children.
Other dependencies
If the husband drinks, you can take away his parental rights. When the father of the child takes drugs, this is also possible. But these are far from the only dangerous dependencies. There are many more. The thing is that with any dependencies, you can limit and completely deprive the parental rights of any parent.
For example, recently gambling has been widespread. And not necessarily real, virtual is also considered. Scientists have recognized that addiction to gadgets and computer games is just as dangerous as addiction. Or alcoholism. Therefore, the mother will have every reason to think about how to deprive paternity of the negligent dad.
The order of treatment
What is the procedure for deprivation of parental rights? What will be required to do this? The first step is the collection of evidence for the prosecution. After all, the studied action entails serious consequences. Therefore, it is necessary to somehow prove the allegations. For example, to remove the beatings, to call witnesses, to provide the conclusion of a child psychologist. Once evidence has been collected, you can file a complaint with the district court. The entire process of deprivation of parental rights is as follows:
- Gather evidence of allegations.
- Drawing up a claim for the deprivation of parental rights of the father.
- Invitation of witnesses (disinterested).
- Participation in the trial with invited representatives of guardianship authorities.
- Making a final decision.
Not only the mother of the minor may apply to the judiciary. In Russia, with the corresponding complaint, they have the right to come:
- guardians;
- trustees;
- close relatives;
- directly the mother of the minor;
- any educational institution;
- health care facility;
- the prosecutor;
- guardianship authorities.
The district court will have to write a statement on the deprivation of the parental rights of the father. After that, it remains to wait for a meeting. And participate in it.
The following documents are attached to the claim:
- identity card of the person making the request;
- minor birth certificate;
- evidence of allegations (photos, videos, medical evidence, conclusions, beatings taken, and so on);
- marriage / divorce certificate (if any);
- papers confirming the purpose of alimony;
- contacts of witnesses whose testimony may affect the course of the case.