Every year there are more and more dishonest parents. Some of them not only do not want to support their children, but do not even want to communicate with the child, to engage in his upbringing and development. What can the mother of the child do if the father does not show any concern for their joint baby, does not help him financially? There can only be one way out - this is the deprivation of parental rights. The grounds, procedure, legal consequences of the implementation of such a procedure are prescribed in the family legislation of the Russian Federation. You will learn more about all this from this article.
What is
Many citizens are interested in the question of what is the essence of the deprivation of parental rights, the grounds, order and legal consequences of which are enshrined in the regulatory acts of our state? The answer here is quite simple. A person who is deprived of his rights as a parent will no longer be able to raise a child and even live with him on the same territory.
If we talk about reality, then those citizens who lead an asocial lifestyle are deprived of parental rights. Their children, as a rule, are homeless; they even have clean clothes and food. Such adolescents often do not attend school because they are begging on the street to earn money for their mother or father for alcohol.
Nevertheless, you need to know that depriving a person of parental rights is possible only by decision of the judicial authority.
Grounds
So, in order to implement such a procedure as depriving a father or mother of the rights to a child, very serious reasons are needed. Therefore, a certain list of grounds is fixed in the family legislation, in the presence of which it is possible to file a lawsuit with a judicial authority. These include:
- non-fulfillment of parental duties, including non-transfer of funds to support your child (maliciously shy away from maintenance obligations); that is, the mother and (or) the father do not show any concern for their baby, do not raise him, do not treat, do not take to kindergarten, do not buy clothes;
- unreasonable refusal to pick up the child from the hospital or from another medical institution (the exception is cases where parents themselves appoint the child to a special institution for treatment, for example, in the presence of some serious illness and disability);
- abuse of parental rights by the father or mother; this can manifest itself in the fact that a teenager walks along the street and asks for alms;
- abuse of the baby when the parents carry out mental or physical violence against the child;
- the presence of such chronic diseases as alcoholism and drug addiction in parents (in most cases this is the basis that is considered the most important in the case of depriving a person of the right to raise and develop a child), because such asocial personalities cannot teach a child anything good; children of such parents become difficult teenagers and often end up in colonies;
- the implementation of a criminal act (only intentional) in relation to children, another parent of the latter (for example, mother) or his husband, wife, as well as another close relative.
Important!
The father or mother of the child will not be able to educate the latter after the decision of the judicial authority on the deprivation of parental rights comes into force. The grounds, procedure, legal consequences of such a procedure are prescribed in the Family Code. In other words, the parent completely loses family ties with the child. They will no longer be close people.
Also, unscrupulous and irresponsible parents are deprived of the right to receive support from children in the future and will not be able to apply for benefits and allowances that are issued if citizens have minor children.
What should be done
In the event that after the divorce of the spouses, the child lives with his mother, and dad just forgot about the existence of the latter and does not participate in his life, and does not help financially, the baby’s mother can write a statement depriving the father of parental rights. Under current law, she has the right to do this independently, without involving guardianship authorities in this problem. It should also be remembered that the prosecutor always takes part in such cases.
Nevertheless, many women cannot psychologically decide to start a case about depriving the child's father of his rights in relation to a joint offspring. Therefore, the baby's mother can seek help from the guardianship authorities. After the inspector listens to her, he will give her recommendations on how to prepare all the documents better and faster. In addition, the guardianship authorities will have to conclude on the child’s place of residence.
In the lawsuit of the mother of the child, it will be necessary to tell in great detail about the current situation in the family, why the second parent stopped participating in the life of their common baby, when and what kind of help he provided to his son or daughter.
Before starting such a process against the former spouse, the woman needs to find out what threatens the father of the child with the deprivation of parental rights. The grounds, procedure, legal consequences of such a procedure also require careful study. Because if in the future the child’s parents suddenly begin to live together again, the baby’s dad will need to be restored in court in his rights to the child.
Who can apply
The law establishes a list of those persons who can file a lawsuit with such claims to the judicial authority. As already mentioned earlier, the mother of the baby can draw up a statement on the deprivation of the parental rights of the father of the child, i.e. former wife of the latter. A woman can do this on the basis of family relations with her son or daughter. The latter’s right to file a claim for the deprivation of the parental rights of the father of the child is confirmed by an entry in the birth certificate of their common child.
It is also necessary to indicate that the guardian of the minor may file a lawsuit with the court. The main thing is that the guardianship be formalized. Trustees and guardians can be both relatives of children and completely strangers who have taken care of the latter. These persons may ask the judicial authority to deprive the rights of two parents at once.
It should also be remembered that grandparents have the right to make such demands only if they have issued custody of the child.
Also, the authorities can appeal to the court with a lawsuit about depriving a person of his rights to children. These include:
- custody and guardianship;
- prosecutor's office;
- Administration of orphanages and shelters.
Decor
The most difficult thing is to start the whole process of depriving unscrupulous parents of the right to raise and live with children. A claim in this situation should be filed only with the district court of the locality where the defendant resides. State duty is not paid here. Because it is about respecting and protecting the interests of the child. A sample claim for the deprivation of parental rights is made out as follows:
In _____________________ (name of the city, district court)
Claimant ___________________ (all data, address of residence and telephone number)
Defendant ____________________ (surname, initials and place of residence)
Guardianship authorities ___________________________ (full name and address)
Prosecutor _________________________________ (full name and location)
The statement of claim on ________________ (write in full)
Defendant _________________ (surname and initials) is the legal father (or mother) of a minor child _________________________ (surname and initials. Date and place of birth). The ex-spouse for a long period _____________ (indicate from what time) improperly exercises his rights as a parent. Do not care about him, does not help financially, does not participate in his education. This is expressed in the fact that ________________ (to describe in very detail what exactly is the defendant's evasion of parental responsibilities).
In addition, in this case, the interests of the child are violated, because his father (or mother) _____________ (one of the grounds prescribed in the Family Code must be indicated here: suffers from alcoholism or chronic drug addiction, does not pay child support, abuses a child, committed a criminal act against someone from close relatives).
In view of the foregoing and based on the norms of Art. 69 SC, Articles 131-132 of the Code of Civil Procedure,
I BEG:
1. To deprive a citizen _______________ (full name and date of birth) of his parental rights in relation to the child ___________________ (data and date of birth).
2. Transfer the minor ___________________ to the plaintiff __________ (indicate the full details of the person).
3. Collect child support from his (father or mother) _______________ (full details, place of residence), who is a native (s) ________________ (settlement) in the amount of _______ (indicate%) of all income up to the age of majority of the daughter or son.
Applications:
1. Copies of the claim (according to the number of persons who will participate in the process).
2. Birth certificate of the child.
3. Data confirming the position of the applicant.
Date _____________
Signature of plaintiff __________________
How to do it right
In order to correctly arrange everything and not to miss anything, you can use the samples of claims for the deprivation of parental rights. But where to get such documents? As a rule, many citizens who decide to deal with such a complex procedure, first turn to qualified specialists for help. Lawyers in such cases recommend not pulling over time and doing everything fast enough. Therefore, in order to find a sample claim for the deprivation of the parental rights of the father or mother of the child, you can simply seek the help of a qualified lawyer. The latter will formalize and act as a representative of the plaintiff in court. Or it just helps to correctly put everything in a lawsuit.
As a rule, the guardianship authorities and the prosecutor's office have their own samples of such statements. But ordinary citizens have a lot of questions about this. Nevertheless, the latter can find all the necessary information in the family law and on the Internet on the relevant legal resources. In this case, you can save time and money.
The necessary documents
In order to prepare for the process of depriving a mother or father of his rights to a child, the plaintiff needs to collect information that will be evidence and justification of his claims. For example, you can attach to a lawsuit:
- a characteristic of the respondent from the neighbors, which will be a good confirmation that a person leads an asocial lifestyle and does not engage his child at all;
- if the father or mother of the baby was convicted of a deliberate act against his child, it would be good to present a court verdict;
- a certificate from the bailiffs that the person does not pay child support and has a large debt.
Documents for deprivation of parental rights must necessarily confirm the fact that the parent or parents) do not fulfill their duty to the children (do not go to kindergarten, do not provide financially, do not visit the pediatrician at the place of residence if the child is in serious physical condition, the latter is severely exhausted, poorly dressed, or he doesn’t have any clothes at all and wears the old things of his father or mother and begs on the street).
Nuances
So, only a court can deprive a father or mother of the rights to children. No other bodies (such as custody) have such powers. It should also be noted here that an application to the court for the deprivation of parental rights to a child must be filed with the court of the city or region where the defendant resides.
Nevertheless, if the baby’s mother herself handles such requirements, then she has the right to send documents to the justice authority at her place of residence. Because such a rule is enshrined in the rules of the Code of Civil Procedure.
In addition, if a person wants to be deprived of rights not for one but for several children, then a lawsuit must be filed against each child. This must be taken into account. After all, depriving parents of their rights in relation to one child does not prevent them from raising another.
What will be the consequences
Fathers and mothers who, by a decision of the judicial authority, were deprived of rights to their children, are not exempted from their maintenance duties. While they themselves will not be able in the future to count on receiving alimony from the child. That is the law. Nevertheless, after the death of the father or mother, who were deprived of their rights in relation to him, the child will be able to inherit their property.
After the decision of the judicial authority comes into force, the child must be transferred to another parent (who retained his rights to his upbringing and development). If it is not impossible to do this, the baby goes under the care of special, state bodies.
After the deprivation of the mother and father of parental rights, children can be adopted by other citizens, but not earlier than six months after the decision of the judiciary. This is the order.
Duty of justice
So, the process ended in favor of the plaintiff, but what happens next? After the decision on the deprivation of parental rights has entered into force, the judicial authority must send an extract from this document to the registry office of the locality where the birth of the child was registered within 3 days.
What other situations are there?
Sometimes it happens that the child does not live with the mother, but with the father, who alone is engaged in his upbringing and material support. While the woman who gave birth to the baby leads an asocial lifestyle and is not at all interested in the life of the latter. What to do to the father of the child in such an unusual situation?
First of all, seek the advice of the guardianship authorities. Then the man can go to the judicial authority. A sample claim for the deprivation of parental rights of the mother of the child will look as follows:
To the court ___________________ (full name)
Plaintiff ______________________ (details of the father of the child and address of residence)
Defendant _______________________ (the surname and initials of the mother, her place of residence are indicated)
Guardianship authorities ____________________ (full name and address of location)
Prosecutor _____________________ (full name)
Statement of claim on ______________
The defendant and I were in a registered marriage until _____________ (indicate the period). We have a daughter from marriage _______________ (surname, initials and date of birth). Since ______________ (such and such a time), the child has been living with me, the mother is not interested in his life, does not provide material assistance for its maintenance. To all my requests that the defendant visit her daughter and spend time with her, the ex-wife did not react in any way. In addition, recently I became aware that she is using illegal means, which is confirmed by a certificate from a narcologist _____________. The document was handed over to my lawyer at his request. In addition, the defendant’s dishonest attitude to his parental responsibilities _______________________ (to write again in detail) violates the interests of the child.
Based on the foregoing, subject to the provisions of Article 69 of the Criminal Code, 131, 132 Code of Civil Procedure,
I beg:
1. To deprive a citizen (defendant) of ____________ parental rights to her daughter ________ (last name, first name, middle name and date of birth).
2. Daughter transfer to the plaintiff _____________ for education.
3. Collect from the defendant __________________ (surname, initials, address and place of birth) child support for _____% of all income until the daughter is 18 years old.
Application:
1. Birth certificate of a child.
2. Copies of the claim (for all parties).
3. Evidence supporting the defendant's claims.
Date _____________________ Signature _____________
Thus, the model of a claim for the deprivation of parental rights is standard and can be applied both to the father and to the mother of the children, if they do not fulfill their direct duties, do not provide care and do not show concern for their offspring.
Non-payment of funds
In the event that a parent (mother or father) was convicted of not transferring money to provide for his baby, then he could be completely deprived of his rights to this child. Usually in practice, this is what happens. Most often, fathers do not want to support their children and receive prison sentences for this. But sometimes it happens that mothers also refuse to support their own child.
Deprivation of parental rights for non-payment of funds to provide for their own children is a phenomenon that is often found in judicial practice. Moreover, according to the law, this is one of the reasons when a person is deprived of the right to raise, communicate and live with a child.
Small characteristic
Deprivation of parental rights is allowed only when the court or guardianship authorities do not see another way out of the difficult family situation in which the child finds himself. Indeed, many mothers and fathers treat their children very badly, do not even want to feed and dress them.
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Nuances
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