🧕 🏣 ⏪ Can a father abandon a child? Procedure and documents for the abandonment of paternity ⛪️ 🧝🏽 👨🏻‍🍳

Can a father abandon a child? This issue concerns not only unscrupulous dads who do not want to raise and provide for their children, but also women who have remarried and want a new husband to raise their son or daughter, and not a biological dad who does not even pay child support.

In this case, we must immediately say that in the norms of the family legislation of our country there is no such thing as “voluntary renunciation of paternity”. In theory, this is possible only if the parents of the child were not officially married at the time of his birth and the roommate of the infant did not want to write the child in his last name and give him his middle name. In all other situations, the denial of paternal rights is carried out only in court. Read more about everything on this topic below.

Highlights

Can a father abandon a child by law? How can such an act of the latter be motivated? Honestly, in such a situation, I immediately want to say that a loving and responsible parent can never decide to abandon his child. Nevertheless, the biological father can do this strictly through the courts. To do this, he will just need to write an application for the abandonment of the child and certify it with a notary. Subsequently, this document is submitted to the judicial authority.

The process of initiating the deprivation of an unscrupulous parent of his rights to a child can be initiated by the mother of the baby or guardianship authorities. Voluntary abandonment of paternity by the current law is not provided. This must be remembered.

The interests of the child above all

Currently, the situation is such that most couples are in no hurry to register their relationship with the registry office. In this regard, many women after the collapse of such an union remain with their children and cannot even demand child support, because the former "civilian" spouse did not dare to write the baby in his last name. What to do to the mother of the child in such a difficult situation?

If the biological father does not want to voluntarily register the child on himself and give him his surname (when people were not legally married), then in this case the baby’s mother has every right to apply to the judicial authority for the forced establishment of paternity for her former "civilian" spouse. In the case of a winning case, the baby’s mother may also require child support from his biological father.

Notarial refusal

Can a father refuse a child in the future, even after the forced establishment of his paternity in court? By law, he can only be deprived of parental rights. Yes, he can write a notarial refusal of the child, the court will take it into account when considering the case as one of the main grounds for making an appropriate decision. Nevertheless, in this case, the father will need to personally attend the court or write a statement on the consideration of the case in his absence.

These cases are the most complex. After all, here we are talking about protecting the interests of a minor child who has the right to have both parents take care of him. Therefore, if the father abandons his child, does not want to communicate with him and participate in the life of the latter, then the court, at the request of the plaintiff, deprives such irresponsible dad of parental rights, but the responsibilities for maintaining the baby remain with him until the offspring comes of age. This fact must be taken into account.

Payment of alimony

Can a father abandon a child after his birth if his wife is dead and he is not going to raise a child alone? Yes, it is possible, but only if the child’s father was legally married to the baby’s mother. Otherwise, the man will not even have to prove anything, because no one will give the child to him without supporting documents.

No matter how sad it is, many irresponsible fathers do not think about how the lives of their children will develop if they do not take part in their upbringing. Moreover, many of these parents want to abandon their children just in order not to pay child support. But is it possible? Of course not. In addition, even if the parental rights of the father are waived (voluntarily or by applying to the court of guardianship authorities), the man will still be obliged to pay child support for his child. That is the law.

In favor of another person

the child’s parents are arguing about something

Where should a citizen go if he wants to file a waiver of parental rights? Voluntarily, the father can do this by writing a statement, which will be certified by a notary and subsequently sent to the court and guardianship authorities. In this case, the parent is required to indicate the reasons why he does not want to engage in upbringing and take part in the life of his child. In addition, the statement must also indicate that the plaintiff understands that his child can be adopted after his renunciation of his parental rights, and he does not object to this. This is the order.

It should be reported here that such a decision is most often made by the child’s parents by mutual agreement. For example, the mother of the child is married again and wants her son or daughter to be adopted by her husband, and the biological father of the baby does not mind this.

The procedure itself is quite complex and lengthy. Nevertheless, if the father of the child does not take part in his life, does not pay child support, then depriving him of his rights will not be difficult. The new husband of the mother will be able to adopt her son or daughter no earlier than six months after the deprivation of the father of the child of his rights. This must be remembered.

How is the process going?

How can a father abandon a child officially? Russia is a state whose legislation does not directly provide for the commission of such actions by one of the parents. Moreover, in our country, children's rights come first. Therefore, in order for the father to abandon his offspring, he needs to write this in writing and send it to the judiciary.

In this case, courts of general jurisdiction deal with this issue. The whole process of depriving the father of his parental rights takes place with the participation of guardianship authorities, the prosecutor, as well as with the mandatory presence of the mother of the child as the second parent. If the father, who abandons his child, does not want to come to the process, then he must write a statement on the consideration of the case in his absence. Otherwise, the process may take a long time.

At the hearing, each party has the right to express its position. For a faster resolution of the case of the mother of the baby, you can invite witnesses who would confirm the fact that the father is not involved in the upbringing of his child and does not support him financially. In this case, it is very important.

If you change your mind

Of course, all parents are responsible for the life of their child. However, some fathers cannot even take responsibility for their own actions. Therefore, what should a parent do, who first wanted to abandon the baby, but then changed his mind? If the process of deprivation of parental rights has already begun, and the court has every reason to make a positive decision on this issue, then most likely, the irresponsible father will have to challenge the court decision in the future in a higher court.

In addition, a person who has already been deprived of his rights to a child has six months to restore his rights. To do this, he will again have to go to court and prove his correction. For example, the father of the child began to regularly pay child support, trying to get in touch with his ex-spouse in order to chat with the baby, gives gifts to the child. The reverse process will be very difficult, so before you write a waiver of paternity, you need to think about the possible consequences. This is really important.

Establishment of paternity

In the family life of any couple, certain disputes and disagreements arise, but what should the spouse do if the husband has not recognized the child and is going to refuse paternity through the court? The situation is complicated and rather ambiguous. In the event that people are legally married and the child was born in an official union, it will be very difficult for a man to prove that the child is not his own father. Genetic testing is not enough. In addition, if a woman has always been faithful to her husband, then she has nothing to worry about. Moreover, the court will most likely be on her side. Nevertheless, what to do after a person’s paternity is officially confirmed? Living further together or dispersing is already a separate issue that each couple decides for themselves.

How can a woman confirm the paternity of her child

What should a woman do if she does not recognize paternity as her common-law spouse or as a young man whom she has met, and then became pregnant and has a baby? The situation is complicated by the fact that it will be necessary to prove the fact of the birth of a child from this person. This is done in two ways:

through the registry office, when the father recognizes his paternity;
through the judiciary in case of non-recognition of the child and refusal of him.

Even the testimonies of witnesses will be suitable as evidence, which will confirm the fact of close relations between young people. In addition, you can submit to the court joint photographs, postcards or a printout with SMS messages in which the common-law spouse wrote that he was glad that her lover was pregnant and thereby confirmed his paternity. In addition, you need to petition the court for a DNA examination. The outcome of this category of cases is very different.

Nevertheless, if paternity is established, then the mother of the child will receive the right to receive alimony from the second parent, and a record of the child’s father will be entered in the birth certificate of the baby. This is important for the life of a small citizen.

If the biological father of the child does not recognize paternity even after the court decision comes into force, this is not an obstacle to receiving child support from him. After all, parents must provide material support for their children until they come of age.

Order

Most often, the mother of the child herself initiates the process of depriving the former husband, father of the baby, of his parental rights. Why it happens? Yes, because many fathers after divorcing their wives forget about their children and do not want to not only help their offspring financially, but also do not want to take part in their lives.

Therefore, if the father of the child does not pay child support, does not educate the offspring, then most likely he will not be opposed to forever abandoning his rights to the baby and not appearing in his life. In such a situation, the process will be a little easier.

The procedure for renouncing paternity will be as follows:

The mother of the child filed a lawsuit in the court to deprive the former spouse of the rights to their joint baby. Guardianship authorities also need to be informed about this fact, but usually the court deals with this issue after receiving a claim with similar requirements.
Preparations are being made for the meeting and a hearing is scheduled.
A court decision is made.

The most interesting thing is that a hearing on this category of cases can drag on for quite some time. The main thing is that in such a situation the rights of the baby are not infringed.

Therefore, if the father of the child refuses paternity, then he needs to draw it up with a notary to speed up the trial. Especially if the baby is to be adopted by the new spouse of the mother, who treats the child very well and wants to engage in his upbringing instead of the biological dad.

According to the law, adoption is allowed only six months after the deprivation of the parent's rights to the child. Speed up this process will not work.

Decor

What documents are required to abandon paternity? This question is asked by many unscrupulous parents who do not want to help their offspring financially and engage in his upbringing.

So, for starters, you need to think about visiting a notary public and certifying the abandonment of your child officially, and then transfer it to the judiciary. To complete this simple task, the father will need only a passport of a citizen of the Russian Federation.

Why do you need a waiver of paternal rights, certified by a notary? This is necessary so that the court does not have doubts that a person abandons a child of his own free will and no one forces him to do so. Notarial refusal can be transferred to the ex-wife, so that she personally went to court. This document will be the main evidence that the father does not intend to educate his child.

Effects

All parents who abandon their children should remember that they are deprived only of the rights to their offspring, and the responsibilities for the maintenance of the babies remain with them. Thus, a father who abandons his daughter or son cannot stop transferring money to support them. Otherwise, he even faces criminal liability under article 157 of the Criminal Code.

The parent will forever lose contact with the child, the father will not be able to demand material support from the latter in the future. At the same time, the son or daughter of the parent who refused them will be able to claim the inheritance of the deceased father, who was deprived of his right to communicate and raise a child.

All this must be taken into account.

Important

In addition, I would like to note that not only the parent, but the child himself can refuse his parents (or the parent) if he is 14 years old and he received a passport of a citizen of the Russian Federation. For this, many children from dysfunctional families turn to the guardianship authorities with an appropriate statement.

Conclusion

All parents should protect and protect their children, engage in their upbringing and development. However, very often it happens that fathers, for their personal reasons, not only do not participate in the lives of their children, but do not try to help them financially. In this case, ex-wives become the initiators of the trial to deprive unscrupulous fathers of their parental rights.

In addition, many irresponsible fathers voluntarily refuse their children just so as not to pay child support. But according to the law, men are deprived only of their rights, and their duties remain.

Can a father abandon a child? Procedure and documents for the abandonment of paternity