Minors must be well protected by their parents and the state. Often there is a need for the deprivation of the parental rights of the father, since he does not pay child support and does not participate in the life of the baby, shows cruelty to the child or there are other reasons for performing this process. The applicant may be the mother of the baby or guardianship authorities. The process is considered specific and lengthy, as it is necessary to prepare documents that serve as evidence of the existence of a basis for depriving a citizen of his rights in relation to his children. Moreover, everyone should be aware of the many negative consequences of such a court decision.
General points
Each parent has certain rights and obligations in relation to his child. Initially, the mother and father have the right to care for and raise their children, but under certain circumstances they may lose them.
Most often, the deprivation of the parental rights of the father is required, since men often commit illegal actions, and this is especially true if the baby's parents are divorced.
Each parent initially has rights:
- bring up children;
- protect their interests and rights;
- financially provide them;
- receive material assistance from an adult and able-bodied child.
The above rights are additional obligations of the parents. If they cannot cope with them, then they can lose their rights. In this case, alimony after the deprivation of the parental rights of the father will still have to pay, and their size is set individually.
The concept of deprivation of rights
This procedure assumes that the father loses his rights in relation to the child, therefore, he cannot deal with his upbringing and protection of interests. At the same time, he still needs to transfer funds in the form of alimony.
If the court makes a positive decision on the claim, it means that legally there are no family ties between the parent and the child. The corresponding mark is placed in the registry office, as well as in the registry of civil status. Based on this, the parental rights of the citizen are canceled.
In Russia, the deprivation of the parental rights of the father is quite rare, since in most cases parenting is a priority. Such a procedure cannot act as a way of punishing the father, since its purpose is to protect the child from various negative factors.
Jurisdiction
If necessary, to deprive the parent of his rights in relation to the child, it is necessary to figure out exactly where the claim should be addressed. These cases are parsed by the courts:
Consideration of such a case in a magistrate court is not allowed.
Who can file a lawsuit?
Individuals or various representatives of state bodies can apply to the court with a lawsuit. Deprivation of parental rights of the father may be required:
- the mother of the child;
- official representatives;
- employees of guardianship authorities;
- representatives of the prosecutor's office;
- other close relatives.
For this, there must be good reason, which in this case must be proved by official documents. Therefore, it is required to attach numerous documents to the claim.
Reasons for disenfranchising
The procedure may be required for various reasons. They apply to both father and mother.
The grounds for the deprivation of the parental rights of the father are numerous, but they must be really serious and formally proven.
Abandonment of the baby in the hospital
There are situations when parents simply do not want to take their children from the hospital, orphanage or boarding school. Such behavior is a good reason to deprive the father or mother of the rights to children. At the same time, parents should not have good reasons for such an act.
Significant reasons may be:
- poor financial condition of the father, so he does not have the right amount of funds to support the baby;
- the parent has a serious illness, so he cannot physically cope with his duties.
If there are such good reasons, then usually the court does not deprive the father of his rights. If, nevertheless, the claim is satisfied, then in the future it will not be difficult to restore the rights of the father.
If there are no significant reasons, then leaving the baby in the hospital leads to the fact that the man loses his rights, which will be impossible to restore.
A man is not involved in raising a child
Each parent has an obligation to educate their children. Mother and father must create optimal conditions for the development of the baby. If a man without good reason does not want to pay attention to the child, then he may lose his rights to him, which is enshrined in the UK.
A woman should have evidence that the father is not really engaged in raising a child. As them can be used:
- documentary evidence;
- testimony of witnesses.
Most often, this situation occurs after the divorce of parents, so the father of the children simply ceases to appear in their life. If this reason is used for depriving the father of the parental rights, then the man will have the opportunity for recovery in the future. To do this, one must have evidence that the man really wants to communicate with the children, and he also improved his financial condition, therefore he regularly lists child support.
Child abuse
Unfortunately, such situations are quite common. To abuse include:
- physical beating;
- psychological impact.
In order to use this ground of deprivation of parental rights of the father, the plaintiff must have irrefutable evidence. The testimonies of witnesses, the results of a medical examination, photographs or video recordings can be used as them. This reason is considered really serious, and when establishing the fact of violence against a child, it will be impossible to restore rights after a court decision.
This includes violation of the sexual integrity of a minor. Under such conditions, the rights in respect of the child are revoked without the possibility of restoring them in the future. Additionally, the father is prosecuted.
Man's addiction to bad habits
If the father of the children is addicted to alcohol or drugs, then he may be deprived of his rights. This is due to the fact that he cannot optimally take care of the upbringing and maintenance of minors.
If in the future a man copes with addiction, and at the same time he has the appropriate evidence, then the rights can be restored. If, due to these bad habits, a person becomes an invalid of the first group, then he will not be able to engage in raising a child.
Child exploitation
According to Art. 150 of the Criminal Code is not allowed the exploitation of children for profit. A father who uses minors for these purposes not only loses his rights to them, but is also prosecuted, and the punishment for such actions is represented by imprisonment.
Under such conditions, deprivation of rights occurs without the possibility of restoring them in the future.
Are they deprived of rights for child support?
Often men do not pay child support after their divorce. Is deprivation of parental rights of the father for non-payment of alimony applied as a punishment? This process is considered difficult, since the nuances are taken into account:
- if the man does not pay money, but at the same time participates in the life and upbringing of the child, then the lawsuit by the mother will not be satisfied;
- if the father has evidence of lack of earnings, he will also be able to continue to take care of the children;
- Malicious evasion of alimony is often established , so a man simply does not get a job officially, constantly hides from bailiffs and his ex-wife, and also regularly changes his place of residence, and under such conditions he may lose his rights to babies.
Deprivation of the parental rights of the father for non-payment of alimony is carried out quite rarely, and usually the parent can annul the decision of the court if he begins to transfer funds for children.
What documents are prepared?
If a decision is made that a man really should lose his rights in relation to children, then initially you need to collect the necessary documents in court. These include:
- statement of claim for the deprivation of parental rights of the father;
- birth certificate of a child or several children;
- extract from the house book at the place of residence of the minor;
- divorce certificate;
- statement of account opened for accrual of alimony;
- documentary evidence of the need to satisfy the claim.
Especially a lot of difficulties arise when collecting evidence of illegal actions on the part of a man. Only with their presence can the deprivation of the parental rights of the father be carried out. What documents are needed? They may be represented by bank statements, photographs, written testimonies of witnesses, and videos or audio recordings may be attached to them.
The protocols of the district police officer, the results of medical examinations, various certificates of psychologists or doctors can also be used. The more documents that are collected, the more likely it is that the right decision will be made by the court. If the child is already 10 years old, then he can independently write his consent so that the father is suspended from his upbringing.
How is the procedure performed?
Initially, it is necessary to determine the reason for which it is required to deprive a man of his rights to a child. How to apply for deprivation of parental rights of a father? The process is performed in sequential actions:
- a statement of claim is drawn up, which describes the reason for going to court;
- preparing the necessary documents attached to the claim;
- the court considers the documentation, after which the date of the meeting is set;
- the process considers all documents and circumstances relevant to the case, and each party can speak out;
- a decision is made, moreover, it can satisfy the claim if there are good reasons, and the claim of the plaintiff may also be rejected.
A man may file a counterclaim in order to regain the lost rights. The court decision on the deprivation of the parental rights of the father may be challenged in the future, if the reason for such a decision was not child abuse or exploitation of a minor.
Effects
A man who has lost his rights in relation to a child must face negative consequences. These include:
- the rights of the child after the deprivation of the parental rights of the father are defended and protected only by the mother and other relatives;
- the father must still pay child support;
- a man cannot protect a child, take care of him or defend his interests;
- usually the court does not allow cohabitation;
- the child retains ownership of the property owned by the father;
- if both parents are deprived of their rights to a minor, then he is transferred under guardianship to other relatives or guardianship authorities, and may also be adopted.
Due to the above negative consequences, each parent must take care to responsibly approach their duties to children.
Conclusion
Thus, there are many reasons why a father may be deprived of his rights to children. All of them must be supported by official documents, witness statements or other evidence.
Not only the ex-wife can file a lawsuit against the man, but also representatives of the government, as well as other relatives. The court considers all the circumstances of the case. In certain situations, there is simply no way to restore rights, therefore, it is officially considered that there are no family ties between the child and father.