The consequences of deprivation of parental rights. How to revoke parental rights of a parent or both parents of a child Why parents are deprived of parental rights

Usually, parents are deprived of their rights in relation to children due to significant violations of moral or ethical standards in relation to their offspring, or because of the refusal of their upbringing and maintenance. In Russia, a tendency has developed towards deprivation of parental rights of precisely the fathers - according to statistics, it is the fathers who often forget about their duties, shifting them onto the shoulders of the mother.

A mother may demand that the father of her children be deprived of parental rights not only because a man ignores the needs of his children for financial support and attention. This can also be done as part of the child's best interests. We will talk about this below: what are the grounds for depriving the father of parental rights, how the procedure goes and whether it can be canceled.

The family institute in our country has a peculiarity - traditionally mothers take more care of children, and in the event of a divorce, the child remains to live with the mother. This state of affairs often leads to the fact that the pope is removed from participation in the life of his child, or even completely "forgets" that he is a father.

A woman can protect the interests of her children (their ability to freely travel abroad without obtaining the permission of the father, exemption from paying alimony to the father in the future). Meeting the child's current and future needs can also be considered when the father is deprived of his rights.

In addition, a woman may remarry, and the new spouse may wish to adopt her children and give them his last name. In these cases, the deprivation of the parental rights of the biological father is due to the intention to re-create a full-fledged family.

Accordingly, the key grounds are highlighted that make it possible to deprive a man of his parental rights in relation to children. These grounds are enshrined in law and are reflected in the 69th and 70th articles of the Family Code of Russia. According to the law, it is the mother who initiates the proceedings on the fact of depriving the father of the parent's right (other persons are also possible, we will talk about this below) by submitting a statement indicating one or more grounds for starting this process. Note that all grounds are exhaustive and are listed in the body of laws without the possibility of extended interpretation.

Table 1. On what grounds can a father be deprived of parental rights?

Base	Decoding
Commission of crime	A crime means a deliberate act that endangers the life and health of children and / or their mother.
Child abuse	This paragraph implies violence, both physical and psychological, including an attempt on the sexual integrity of a child.
Drug and / or alcohol use	It means chronic alcoholism or drug addiction, the diagnosis must have a medical basis and confirmation (diagnosis).
Avoiding parenting	Refusal or ignorance of responsibility for the physical, moral and mental development and health of the child, the need for his upbringing.
Evasion from the payment of alimony	Systematic refusal of cash payments to the child / children, even after warnings.
Abuse of parental rights	For example, refusal to sign documents allowing a child / children to travel abroad and the like.
Refusal to pick up a child from a state institution	Unwillingness to take the child / children from the maternity hospital, medical institution, social security, and the like.

Accordingly, a man's parental rights may be shaken if he hit a child (beatings must be recorded by doctors), deliberately left his child in danger (for example, locked him in a car in hot weather), inflicted moral trauma on his son (confirmed by psychologists). In these and similar cases, it is not at all necessary that the parents are divorced - the current spouse can also be deprived of parental rights. The same applies to non-payment of alimony or abuse of parental rights - the husband and wife may not be divorced at the time of the occurrence of such grounds.

Procedure for depriving a father of the parent's right

A statement of claim to a court in which a demand is expressed to deprive a man of parental rights can be filed not only by the mother of his children. The letter of the law defines a wider range of persons who are entitled to apply for this procedure. Subjects eligible to submit the relevant application:

The mother of the child / children.
Trustee / guardian / guardianship and guardianship authorities.
The representative of the educational institution.
A representative of a medical institution.
Inspector for Juvenile Affairs.
Prosecutor.

The statement of claim is always submitted in writing; the paper can be registered in the judicial authority at the place of residence of the applicant. The application can be handwritten or typed on a computer and then printed on A4 paper.

What does the statement of claim contain?

In general, the document is written in free form, but compliance with certain rules and the inclusion of mandatory points in the application is necessary. There are six blocks of information that must be reflected in the paper (in this case, the defendant is the father who is deprived of his rights, the plaintiff is the applicant):

Name and address of the judicial authority to which the document is submitted.
Personal information about the applicant: passport data, place of residence, contact information.
Information about the defendant, in respect of whom the case on deprivation of rights is initiated (full name of the father and his place of residence).
A list of violations committed by the defendant in relation to the plaintiff, as well as the requirements put forward (in this case, it is precisely the deprivation of parental rights).
Grounds for depriving a man of his parental rights, as well as evidence of these grounds.
A list of documents attached to the application (these include both documentary evidence, for example, medical certificates, and mandatory papers).

Note that the attached documents are individual for each case. Depending on the grounds on which the plaintiff is relying to deprive his father of his rights, the package of papers can vary greatly. However, there are general guidelines.

First of all, copies of documents such as the plaintiff's passport, passport or child's birth certificate, marriage or divorce certificate must be attached to the application. The court is provided with either photocopies along with the originals of documents, or only copies, but notarized.

You can also submit to the court a testimonial from the mother's place of work, a document certifying the child's place of residence, a certificate of a survey of living conditions, written documents from an educational, medical or other childcare institution, claims for the recovery of alimony. Medical certificates, police reports and other official papers can be attached as evidence. If a representative of the prosecutor's office or a PDN inspector applies to the court, the statement must contain an explanation - why the claim was presented by a non-civilian.

How are the grounds for depriving the father of his rights confirmed in court?

Let us consider, by way of examples, some grounds that are legally valid for depriving a father of parental rights.

Table 2. Grounds for deprivation of parental rights

Foundations	Example
More than half a year did not communicate with the child	If the father did not take part in the life of his child for more than six months, the question of deprivation of parental rights is raised. Information can be corroborated by witnesses.
Has been evading alimony payments for more than six months	The materials of the enforcement proceedings, the testimony of the mother and witnesses, recording that the father does not transfer funds for the maintenance of his children - evidence sufficient to deprive him of his rights.
Obstruction of a child's visit to other countries, learning	Considered as abuse of parental rights. As evidence, testimony of teachers, coaches, written confirmation can be presented.
Chronic alcoholism / drug addiction	The proof is a medical report.
Inducing a child to alcoholism, theft, prostitution, begging	The testimony of psychologists, representatives of the police and the PDN inspectorate, as well as the conclusions of the guardianship and guardianship authorities are considered strong evidence.

An important point! Children who are over ten years old can be invited to court to participate in the survey. The child can be accompanied by a mother or an educational psychologist. The opinion of the minor himself plays a key role in the final decision of the judicial authority.

Why is the child being summoned to court?

The Civil Law Code of Russia states: a child who has reached the age of ten may already be present at the examination of the case on the deprivation of his father's parental rights. Children are interviewed by specialists based on their age and development. Here is a sample list of questions that the plaintiff's child might ask:

“Do you know why you were invited here?”, “Who told you about this?”;
“Were you taught what you should tell in court?”, “Were you rehearsed with questions and answers?”;
"Who do you live with now?"
“How do you and your dad spend your time, where do you go?”, “Does your dad help you?”, “Does your dad buy you some things? Toys? Sweets? "," What are you and dad talking about? " and the like.

The father was deprived of parental rights: the consequences

After the judicial authority has issued a decision confirming the deprivation of such status for the father, his rights to the child arising from consanguinity are lost. Within three days after the decision is made, the relevant information is transmitted to the registry office employees, who make the appropriate note in the child's birth certificate or his passport.

Accordingly, a man loses such rights as: the opportunity to ever become a guardian, adoptive parent or guardian of a minor, the opportunity to receive benefits related to paternity, to represent the interests of the child anywhere, as well as the right to communicate, raise and determine the place of residence of the child. Also, a man loses the opportunity to receive alimony and inheritance from children / child.

A father deprived of parental rights cannot live with his offspring on the same living space if it does not belong to him and is not the only place of residence. At the same time, the father, deprived of parental rights, fully retains his obligations, first of all, to pay alimony. Children, in turn, do not lose their rights to their father's living space and inheritance.

An important point! If another man wants to adopt the child, this procedure can be carried out no earlier than six months after the date of the court decision.

Can parental rights be restored?

Russian legislation does not call the procedure for deprivation of parental rights irreversible. The father has the right to regain the parent's right, provided that the circumstances or reasons that led to such consequences have disappeared.

The parent must independently prove that his behavior has changed, and the grounds that make his paternity impossible have been terminated. For example, a man could recover from alcoholism or drug addiction, find a job, reconsider his views on raising a child. With the appropriate statement of claim and evidence, the father must apply to the court at his place of residence. The evidence base can be testimony, certificates from the place of work, from a medical institution.

However, even when presenting irrefutable evidence, the court takes into account the opinion of the child and his mother, as well as other persons living with the children and participating in their life and upbringing. If the father was an adoptive parent, and then was deprived of this right, it is not restored.

Summarizing

Deprivation of parental rights is a way to legally protect the interests of a minor. The letter of the law implies that both parents have the same responsibilities and rights, but if one of the parents neglects these responsibilities, then he may be deprived of the right to the child. There are plenty of reasons for this - from cruel treatment of a minor to ignorance of the fact of his existence. Do not forget that by depriving parental rights, the father is not relieved of the very responsibilities that he avoids.

Judicial practice in Russia shows that in most cases, preference is given to the interests of the child and his mother, so fathers against whom lawsuits have been filed for deprivation of parental rights are indeed deprived of it. Despite the fact that the letter of the law makes it possible to restore the rights to communicate with children and participate in their lives, it can be difficult to do so. Therefore, take care of your families and do not forget about a responsible attitude towards children!

Video - Deprivation of parental rights, grounds and consequences

Dissolution of a marriage can be the collapse of a family in the most global sense of the word in the case when one of the spouses maliciously neglected the responsibilities entrusted to him to take care of and care for common minor children. A person interested in a child's life (and not only a parent) has the right to draw the attention of the authorized bodies to non-observance of the rights and legitimate interests of the minor, thus saving him from a real or potential threat in the person of a close blood relative.

The features of the deprivation of parental rights from the father are described below, but for the most part they are also relevant in relation to the mother.

In accordance with Art. 69 of the Family Code of the Russian Federation, the motive for depriving a father of rights regarding his officially recognized child is:

Avoidance of education. This refers to the parent's absolute indifference in the child's life - self-removal from responsibility for his physical and mental health, the necessary development, training, etc.
Failure to pay alimony. A responsible adult (most often a mother) applies for material support for a child under the age of 18, not necessarily after a divorce. And in the case when the father deliberately, without good reason, evades the fulfillment of his obligations - hides his place of residence, the true amount of income or simply ignores the provisions of the agreement on the payment of alimony (court decision on their recovery) - he is recognized as a malicious debtor and deprived of parental right.
Leaving a minor in a medical, educational or other social institution for a long time without good reason. An example is a situation when a mother is on a long business trip or on treatment, and temporarily cannot take care of the child, and the father, instead of fulfilling his parental responsibilities, transfers the child to an organization for orphans, does not pick him up in due time. from the hospital, etc. In this case, the judge takes into account the motives of the incident and the parent's behavior (frequency and availability of visits, material assistance, etc.).
Abuse of rights against a child. This category of violations includes obstruction of education, involvement in prohibited activities (vagrancy, prostitution, gambling, theft, begging, alcohol and psychotropic substance use, participation in illegal religious and public associations).
Cruel treatment. This term means: the use of violence, both mental and physical, as well as an attempt on sexual integrity
The presence of a disease - chronic alcoholism or drug addiction. It is possible only if there is an official confirmation of this - a certificate from a competent medical institution.
Committing a criminal act against the life and health of a child, his mother, his wife (even if she is not the biological mother of the child) or another family member. This fact is established by a conviction.

It should be noted that notification of any of these violations may not lead to the expected result immediately - at first, the judge has the right to refuse to satisfy the requirements, notifying the father of the need to review his behavior, but only if it does not pose a real danger and does not require immediate exclusion of his communication with the child.

Who can initiate

To demand to deprive the unscrupulous parent of the rights may be:

Another parent, and not necessarily after the divorce.
Guardian or custodian of a minor.
Prosecutor.
Guardianship and trusteeship bodies.
Juvenile Commissions.
Organizations for orphans and children left without parental care.

When it will not be possible to deprive a father of parental rights

It will definitely not work to completely eliminate the father from raising and communicating with the child if:

A claim about this was filed by a person who, according to the law, cannot be the initiator.
The other parent, upon whose application civil proceedings were to be instituted, had previously been recognized by the court as incapable or partially incapacitated and was not reinstated in his parental rights.
In the violations and illegal acts of the father, there is no malicious intent towards the child, extenuating circumstances or good reasons are noted when they are committed.
The proper performance of parental duties was prevented by circumstances beyond the control of the father.
A dangerous situation for the child has arisen or is at risk of arising as a result of staying with a parent, but sufficient grounds for deprivation of rights have not been found.

How to deprive a father of parental rights after a divorce

Deprivation of parental rights is carried out in court, and the applicant of the process should immediately prepare for the fact that it will not be easy: only truly serious violations can ensure the case, and the judge sometimes first makes a decision to restrict parental rights or even bypasses by warning the unscrupulous parent.

But, if an extreme measure of parental responsibility requires the application, and this is the only sure way out of this situation, the deprivation of the rights to the child will occur on the basis of the initial claim. The applicant will need patience and a solid evidence base.

Procedure and procedure

First of all, the responsible person (in this case, the mother) needs to familiarize himself with the basic judicial terms:

Claims are the process of resolving a dispute.
A claim is a petition for deprivation of parental rights filed with a judicial authority.
Jurisdiction - compliance of a case with a specific court.
Plaintiff is the person who instigates the dispute.
The defendant is the opposite side of the conflict (in this situation, the father of the child).
Representative - a person (most often a legal specialist) who, by the power of attorney of the plaintiff, acts in court on his behalf.
Third parties - directly uninterested participants in the trial (they do not make independent claims), can act on the side of the plaintiff or the defendant. An example is the guardianship and guardianship authorities.

The plaintiff needs to know the following about the process itself:

The case starts with writing a lawsuit. Its applicant must be drawn up in accordance with the sample established by the Civil Procedure Code, and must be accompanied by the necessary list of papers (one of them is a receipt for payment of the state duty, from which it follows that the payment is made before the lawsuit is presented to the judge).
The submission of the application is carried out according to the territorial jurisdiction, to the district court at the place of residence of the defendant. But, if the plaintiff is entrusted with taking care of the minor (the child lives with the mother), the right to choose the competent instance is transferred to her, and she can send a claim to the court at her place of residence.
Further, the judge, based on the analysis of the situation described, the form, content of the claim and the positions of the application package, makes a determination regarding the course of the case - the application is either accepted, or remains motionless, or returns back to the plaintiff. *
After the claim is accepted, the stage of preparation for the proceedings begins - the judge finds out more deeply the positions of the parties and the circumstances on the basis of which the dispute arose. The guardianship authorities are involved in the case (they also investigate the case and express their point of view on it) and, if the parent is suspected of committing a crime, the prosecutor.
Once the preparation is complete, a hearing date is set. All parties and participants in the proceedings, including witnesses, are informed about it by separate summons. If desired, each of them can refuse to be present in the courtroom by sending a corresponding request to the judge in advance. The absence of the plaintiff for disrespectful reasons without notification and petition entails the termination of the proceedings, the defendant - consideration of the case without him.
During the trial, the judge asks the parties to voice their positions once again, listens to the opinions of experts and the testimony of witnesses, and then leaves for a decision.
The court's decision comes into legal force one month after its adoption, except for cases when its immediate execution is required (when waiting threatens the child). The content of the judicial act is announced to those present in the hall and, upon prior request, is sent to the participants by mail and / or in electronic form.
Within three days after the entry into force of the decision, the judge sends an extract from it to the civil registry office (REGISTRY OFFICE) or the multifunctional center at the place of registration of the child's birth.
Based on the extract received, the registry office makes a change in the birth certificate - in the column, the father excludes the defendant who has been deprived of parental rights, and, upon the mother's request, issues a repeated birth certificate.

Statement of claim

A claim for deprivation of parental rights is drawn up in accordance with the structural plan established by law:

Introductory block. The name and place of residence of the plaintiff with the defendant, their representatives and the name of the court are noted here.
Descriptive block. It states the reasons for filing the claim and evidence of the father's wrongdoing.
Supplicatory block. Contains the purpose of the statement - the requirements with which the plaintiff applies to the court: deprivation of the ex-spouse of parental rights and recovery of alimony from him.
Application block. Displays a complete list of documents supporting the plaintiff's words.

Sample claim for deprivation of parental rights

The documents

The following documents must be attached to a claim for deprivation of parental rights:

Child's birth certificate.
Divorce certificate.
Receipt for payment of state duty.
Ex-husband's income statement.
Preliminary calculation of the expected amount of alimony.
Power of attorney addressed to the representative (if any).
Copies of the application (according to the number of participants in the case).
Proof.

Particular attention should be paid to the evidence base, since the outcome of the case will depend on its persuasiveness. Its important components are:

certificates from government agencies, public and private organizations;
medical reports;
testimony of witnesses;
photo-, video materials and audiotapes that have passed the examination.

In particular, the following may be presented as evidence (depending on what the defendant should be deprived of parental rights for):

Agreement on the payment of alimony or a court decision on their recovery.
A document that reveals the true amount of income of the ex-spouse.
A copy of the alimony wanted statement.
A copy of the order on bringing the defendant to administrative or criminal liability for non-payment of alimony.
A doctor's conclusion indicating the presence of traces of violence on the child's body or the fact of alcohol poisoning, intoxicating substances.
Sentence of conviction (when the defendant commits a crime against the life and health of a child, his mother, stepmother or other family members).
A certificate confirming that the former spouse has a chronic alcohol, drug or other harmful addiction.

All documents, as well as from the claim, must be copied according to the number of participants in the case and third parties.

State duty

The cost of considering a non-property claim, in accordance with paragraphs. 3 p. 1 of Art. 333.19 of the Tax Code of the Russian Federation, is 300 rubles. This amount is collected from the defendant and is payable before the application is filed (an appropriate receipt must already be attached to it).

Timing

According to the Civil Procedure Code of the Russian Federation, the period for consideration of claims should be two months. He takes his report from the date of submission of the application and all attached documents.

But some circumstances can contribute to its delay, for example:

leaving the claim without progress while correcting the mistakes made by the plaintiff;
failure of the plaintiff or the defendant to appear for valid reasons;
absence of the defendant at the indicated place of residence;
waiting when the judge requests significant evidence.

If there is a suspicion of unlawful procrastination of the trial, the interested party has the right to turn to the chairman of the court with a private complaint. But it can also take some time to review.

Alimony

The lack of rights to the child does not relieve the father of the responsibility to support him. And, if a written agreement on the payment of alimony was not reached between the former spouses, and the mother of the child did not apply on this issue earlier, she may include requirements for the recovery of alimony in the claim for deprivation of parental rights.

At the same time, she should know:

The amount of alimony is calculated as a proportion of the total amount of the payer's income - 1/4 for one child, 1/3 for two and 1/2 for three or more.
In the case when the reliable amount of the defendant's income cannot be determined or it is of a variable nature, the amount of the monthly payment is determined by the judge and is subject to collection from the father, regardless of the amount of his material profit in each specific month.

With a court decision on the recovery of alimony, the mother can turn to the bailiffs, if the defendant refuses to pay them voluntarily.

If permanent residence is determined with the father

In the case of deprivation of parental rights, it does not matter at all whether the father lives with the child or not. In fact, the mother can sue even if the child's permanent place of residence after the divorce has been determined with the father. And if there is a real threat to the life and health of a minor, the guardianship and guardianship body can immediately take him away from the unreliable parent.

Arbitrage practice

An example of judicial practice in cases of deprivation of parental rights is the following case.

ES Konyukhova applied to the district court with a claim to deprive her former spouse of parental rights in relation to their common minor daughter NV Konyukhova and to recover alimony for her maintenance. As the basis for granting her request, she indicated the father's complete lack of interest in the child's life, and the presence of chronic alcohol dependence.

The defendant did not appear at the hearing, did not provide an explanation for his absence, and the court, on the basis of the testimony of witnesses and a medical report confirming the position of the plaintiff, deprived the defendant of parental rights and ordered him to pay his daughter a monthly maintenance in a fixed amount.

Can the father abandon the child himself?

A father can also relieve himself of parental rights and responsibilities on his own initiative. This is called a contestation of paternity and, in order to achieve it, the parent must:

Go to court.
Submit the relevant application.
Prove the absence of biological relationship * with the child of the former spouse and the fact that at the time of entering himself into the record of his birth he did not know about it.
Receive a satisfactory court decision, an extract from which will be sent to the registry office to correct the birth record within three days.

From the moment the court decision comes into legal force, the father loses all rights and obligation to pay child support for the child. He may also try to recover the money spent on the child, but it will not be easy to achieve success in this matter.

The Consequences of Deprivation of the Father's Parental Rights

Changes that resulted in the deprivation of parental rights invalidate:

Benefits that a father could receive in connection with his parenting.
The ability to accept an inheritance from a child.
The right to receive alimony from an adult able-bodied child in old age.
The right to communicate and participate in his upbringing.
Permits given by the father to leave the child abroad (after the deprivation of rights, they are no longer needed).
Other legal relationships arising from parenthood.

At the same time, the child retains the right to receive maintenance until he reaches the age of majority and inheritance in the event of the death of the father and / or his relatives (by law, the right of representation, by inheritance or by will).

However, the child loses all these powers after adoption by another father, which is possible not earlier than six months after the deprivation of the rights of his biological parent.

Legal practice knows many attempts to deprive unscrupulous parents of their rights, but not everyone succeeded in bringing them to a successful conclusion. Due to the fact that this measure is exceptional, its necessity is analyzed by the judge especially carefully, and, as a rule, this creates great inconvenience for the plaintiff.

To save yourself from unnecessary difficulties, and your child from the encroachments of an unworthy father, it is better for you to immediately seek advice from the specialists of the portal ros-nasledstvo.ru. Within just five minutes, they will answer the question asked and send relevant recommendations for resolving the current situation.

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Deprivation of parental rights by the father. What to do

When communication with a father can harm the physical or mental health of children, then the mother should think about how to remove him from the educational process on legal grounds. However, many mothers do not know where to start deprivation of parental rights, and therefore continue to put up with the current situation, or arbitrarily hinder such a relationship.

It is very important not to forget that the matter concerns children's well-being, and by understanding the legal aspects of this procedure, you can avoid irreversible consequences.

To understand whether it is possible to initiate the process of deprivation of parental rights, it is necessary to understand how conscientiously it fulfills the obligations with which each parent is burdened.

Parental obligations

From birth, children are endowed with civil rights, which are protected by the state. But, due to their small age, they cannot fully dispose of them, therefore, parents must:

Provide safety.
Purchase necessary things and food.
Take care of health and hygiene.
Act as legal representatives when interacting with society.
Develop intelligence, demeanor, and other positive personality traits.
Engage in social adaptation.

Parental obligations are more than paid off by communication and love from the baby. But, unfortunately, not every father is able to appreciate it, leaving his children unattended, or raising them in an inappropriate way. And then the mother not only can, but also must deprive him of his rights to the child.

What exactly the parent does not correspond to his status will determine what should be done first. Regardless of the circumstances, it is advisable to resort to the help of guardianship and trusteeship officers, who will tell you how to deprive the father of parental rights. However, you need to contact them only when there is a compelling reason, which can be documented.

A crime committed by a father against a child

A significant reason for depriving parental rights is an unlawful act that entailed a mental disorder or physical injury to a child. These actions include:

beatings, torture, torture;
restriction of freedom of movement;
sexual harassment;
compulsion to physical work, as well as vagrancy or prostitution;
screams, threats, insults.

If the father allows himself to use his rights to the detriment of the child, or uses rudeness and violence in the educational process, then the mother should immediately seek help from the police.

To do this, she should draw up a statement with a detailed description of the reason for the appeal, and also indicate the place and time of its occurrence. When the crime is systematic, the length of the period must be specified.

It is necessary to think carefully and try to at least roughly name those who can confirm this fact (neighbors or mutual acquaintances, shop assistants, teachers).

If beatings take place, then a medical examination of the child's health is mandatory (the conclusions are recorded in the conclusion).

In order to initiate a criminal case against a tyrant parent, law enforcement agencies conduct a thorough check of the indicated act (questioning possible witnesses, examining the place of residence, questioning the accused). If the circumstances are confirmed, then a criminal case is initiated and referred to the judicial authorities, where a decision on sentencing is made.

A conviction in the case of father's abuse of a child is a ground for deprivation of parental rights, which cannot be challenged.

If the parent does not show aggression, but he leads a riotous lifestyle, then, at the request of the mother, the guardianship authorities conduct a check, during which the details regarding his relationship with the baby will be studied.

Assessment of the personal qualities of the father

Since the child needs constant care and proper care, as well as the development of morality and ethics, it is against the law to trust the upbringing of a father who is an immoral person. Thus, a parent is deprived of the rights to children if he:

is addicted to alcohol-containing liquids, narcotic substances, medical preparations;
commits inappropriate acts that are considered unacceptable from the point of view of the law;
has a quick-tempered character and is prone to tantrums;
systematically appears in the company of addicts and crime-prone citizens;
attends events related to rituals in religious groups that deviated from the mainstream (sect);
spends money intended for the maintenance of children for personal purposes (alcohol, gambling, luxury goods);
not able to take responsibility for his actions (may leave the baby in danger);

If the above signs are noticed in the father's behavior, then on their basis it is possible to remove him from participation in the life of the children. However, this will require documented evidence.

If you have any kind of addiction, you will need an extract from the medical record, which is kept in the appropriate dispensary. For all other points, you will have to enlist the support of witnesses, whose testimony is recorded in writing, and then confirmed during the trial.

It is advisable to submit to the court as many confirmed facts as possible. Employees of the trusteeship and the district police officer can help in this matter. Any characteristics (from others, relatives, work colleagues, child psychologists, teaching staff) will be useful. It will not be superfluous to attach photos, videos, correspondence.

The same procedure is provided for in a situation when the parents were not in a marriage union. It will be important that the father is listed on the baby's birth certificate. It is possible to establish paternity by means of a DNA test. Such a seemingly unnecessary procedure will come in handy in order for the disenfranchised parent to pay alimony, and the child could count on receiving an inheritance from him.

It is important to take into account that a violation of the state of health (chronic diseases, injuries), which interferes with the full implementation of the educational process, is not a reason to deprive the father of parental rights. But such a fact as his unwillingness to provide his offspring with a decent life is quite suitable for starting the alienation procedure. And it doesn't matter if he is disabled or fully able to work.

Failure to fulfill obligations to support children

If a child is brought up in a complete family, then the finances for his maintenance are spent by both spouses on mutual terms. But if the parents are divorced, then the baby's place of residence is determined. Most often, he stays with his mother, and dad leaves, but the responsibility to provide for the children remains with him. This can be done either voluntarily or compulsorily.

When, due to hostility towards the spouse or other factors, the father does not send money to the children, the mother submits an application for their collection in the manner prescribed by law. After a positive verdict, the documentation is sent to the bailiff service department. Further, the property, accounts and all sources of income of the debtor are checked, from which the required amount can be withheld.

But in the case when the parent is hiding and in every possible way interferes with payments, the question of termination of paternity can be raised. The basis will be the writ of execution and the testimony of the bailiff.

Having established the reason for the deprivation of parental rights from the father, it will be much easier to understand how to begin this procedure. In case of any violation of children's rights by the parent, the first step is to collect the necessary evidence.

After the basis is determined, officially certified confirmations are collected and witnesses are found, accompanying documents are prepared, and an application is submitted to the court.

Deprived of paternity proceedings and required documents

To start the procedure for deprivation of paternity, you need to prepare the necessary documentation, which includes:

Documents containing the identity of the plaintiff and the child (passport and birth certificate).
Certificate of the conclusion or dissolution of marriage bonds.
References, characteristics, testimonies, in general, everything that can confirm verbal arguments.
Extracts from housing services or the house book, which indicate the place of residence of the children.
Proof of payment of the state fee.

It is advisable to transfer the package of documents in person, as this will allow you to get advice on the missing evidence. After a preliminary conversation, the court requests additional papers from various instances, which cannot be issued at the request of citizens.

An employee of the guardianship department, a prosecutor, a plaintiff and witnesses are required to participate in the court proceedings concerning the deprivation of the rights of the child's father. If the respondent is for consideration, then his opinion is also heard in the debate and evaluated when the verdict is passed. Children can give evidence only when their age is more than ten years, but in this case, this information will not be fundamental.

If the father agrees to the deprivation of rights and the transfer of them to other persons, then a statement is written to him, certified by a notary and attached to the case file. In this situation, the court session will be held in a simplified mode.

In any case, before starting the procedure for depriving the parental rights of the father, you need to think about the future of the child. If such an action is nevertheless necessary, it is advisable to prepare as thoroughly as possible for the court hearings, because the presence of only unfounded accusations will not resolve the case in the right direction.

Grounds for deprivation of parental rights of a father: theory and practice

Until the onset of active age, which allows you to independently position yourself as a full-fledged member of society, parents are responsible for children... They are also their legal representatives.

Not only the child's status in the social environment depends on the parents, but also his fate. And if some parents do not properly fulfill their parental obligations, create an aggressive and unhealthy environment in the family, the state is forced to take extreme measures... These include deprivation of parental rights.

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve your particular problem, please contact the online consultant form on the right or call the phones below. It's fast and free!

Who deprives of parental rights?

To deprive a father of parental rights means to deprive him of one of the basic constitutional rights, therefore legal proceedings on the indicated problem are carried out exclusively with the participation of the prosecutor.

In public opinion, as well as in the legal context, a person deprived of parental rights is viewed as a stumbled, morally disadvantaged and not credible on the part of those around him.

It is possible to deprive a person of parental rights only by a court decision... It is impossible to exclude him from participation in upbringing or from access to communication with the child in any other way. Usually, the mother of the child becomes the initiator of this procedure.

But in the event that both parents are dysfunctional, or the mother, under the influence of her spouse, shows a criminal inaction - the calmness of the child, and in some cases the elementary ability to survive, turns out to be dependent on social activity.

Therefore, children from disadvantaged families or families in the moral hazard zone should be looked after by everyone with whom they may come into contact.

Almost every conscientious citizen who has become aware of the deplorable situation of the baby (teenager) can initiate the intervention of the justice authorities in the fate of a child.

Who can apply?

Besides the mother apply for the deprivation of parental rights of the father the following persons may:

Adult relatives- brothers or sisters, grandmothers, grandfathers, uncles, aunts, etc .;

Roommates and other citizens.

Responsible persons in charge of duty protecting the peace and well-being of children can also initiate a procedure for limiting the parental rights of the father:

Educators kindergartens, school teachers, heads and directors of educational or health institutions;
District doctor or a nurse;
Precinct or other police officer.

To consider the indicated issue, the maximum possible resource is connected, the number of participants deciding the fate of a minor will include:

Justice bodies;
Child protection and guardianship;
Precinct police;
Educational and other organizations that the child attended.

Which authority should you apply to?

In order to unfold the situation of removing the father from interfering in the child's life, it is enough to apply to any of the listed organizations:

to the prosecutor's office;
to the guardianship and guardianship authorities;
to the police station;
to the district court at the place of residence or registration of the child's parents.

Any of the listed institutions must accept a statement from you about the deplorable situation of the child and take all measures to protect his legitimate interests and rights.

If you do not know how to act in this situation, but are ready to take the initiative - the designated services are obliged to advise you or transfer the solution to the issue to authorized persons.

What are the reasons for depriving a father of his rights?

Why deprive a father of parental rights? First of all, in order to protect the child from constant encroachments on his peace, life, in the event that his presence next to the child creates a real or potential danger for the child (teenager). That is, it is dangerous to leave the child alone in the presence of the father.

It happens that in the presence of the mother, the baby is in danger along with her, and she cannot protect him. The main reason similar incidents drunkenness and unbalanced behavior of the father to the wife and children.

In addition, parental rights are alienated in conditions of pathological non-fulfillment of parental responsibility towards the minor.

The purpose of depriving the father of parental rights is his complete removal from the upbringing of the child with the ensuing legal consequences.

The grounds for deprivation of parental rights may vary. In the legal environment, there is a list of provocations, the consequence of which is the termination of contacts between the father and the child... It is based on the provisions of Art. 69 of the RF IC and includes:

Refusal to fulfill parental obligations, evasion from them, including malicious non-payment of alimony, lack of material assistance;
Abandonment of the newborn in a maternity hospital, or the child was abandoned in another medical (health) institution;
If father exceeds his own authority substituting for the conditions of the social environment, for example, does not allow the child to attend an educational institution or does not allow him to be sent for treatment to a medical institution, which creates a danger to the emotional and physical health of the child;
Per violent behavior and use of gross violence, including - for beating;
Per sexual abuse of a minor, for sexual harassment by drinking companions;
With alcohol (chronic) and drug addiction of the father;
When left in danger if the father does not provide assistance to the baby who is left without a mother or in similar situations;
In case of molestation of a teenager who drinks with his father or takes drugs with him;
When committing grave and especially grave crimes against a child or the mother of the child.

Legal consequences of deprivation

Deprivation of parental rights of a father is an extreme and categorical measure... It is necessary in order to rightfully protect the child from the father's encroachment on interference in his life, in his physical and mental development.

After performing the indicated procedure, the father unilaterally loses all opportunities for contact with the child... He loses the legal and legal force of his paternity, depriving him of all the benefits and advantages that parental rights provided him.

He loses the right to preferential taxation, receiving appropriate benefits and prospects for material and other assistance from the child, in whose address he was deprived of parental rights.

If the father's parental rights are deprived, part of his property (apartment, land plot, bank account, other property) will be alienated in favor of the child.

After the decision of the court, an extract on deprivation of rights is sent to the registry office, within three days where the corresponding recording is made.

After the deprivation of parental rights of the father, an extract from the court decision is also transferred to the guardianship authorities who carry out examination of the execution of court orders by the mother. If she takes proper care of the child and has an independent opportunity to prevent him from meeting with the father, they do not interfere with further education.

If the mother is unable to comply with the court orders on her own - the guardianship authorities take appropriate measures, up to and including the removal of the child from the family.

A father deprived of parental rights has a negligible chance of rectifying the situation. To restore the rights to the child, it is necessary to completely correct the reason that became the basis for the deprivation of his rights.

Also, the father must restore his full social and moral character. However, if during this time the child was adopted (adopted), the restoration of rights will be impossible.

Application of partial deprivation of rights

In some cases, when there are no absolute grounds for depriving the parental rights of the father, or when he showed sincere repentance at the court session - he limitation of rights may be imposed, in accordance with Art. 73 of the RF IC.

This procedure also aims to remove the child from the father, but in this case he may be allowed to meet, in certain situations - in the presence of the mother or guardian.

If the situation is not resolved in a positive way within a year, the partial deprivation of parental rights (restriction of rights) will logically move into the stage of complete deprivation of paternity, which will be determined at a separate court hearing.

Documents Required for Deprivation of Paternal Rights

Since the issue of deprivation of the father's rights is decided by the court, with the participation of the prosecutor, the evidence that the father is indeed subject to such a severe measure of legal influence, should be based on documentary facts and evidence... These may include:

Acts of medical examination of a child or the mother of the child about the manifestation of violence by the father;
Medical certificates that the physical (mental) development of the child is hampered in accordance with the manifested mental, moral or physical violence and inappropriate care for him;
References from kindergarten or school that the unfavorable situation in the family is reflected in the formation of the child's personality;
Inquiries from the local police department about the unlawful behavior of the father towards the child or the mother of the child;
Certificates from a narcological dispensary on registration;
Relatives' testimonies or neighbors about the unlawful behavior of the child's father;
Any other relevant documents.

In the event that violence was committed, it is necessary to submit an application and certificate of certification to the district police station. Based on the investigation, the documents collected in the department will be transferred to the court.

The police did not accept your application. What to do?

If the application was refused, then in accordance with Articles 123-125 of the Criminal Code of the Russian Federation, you have the right to file a claim in court by attaching to it:

Motivated statement from the police station on the refusal to proceed with the case;
Documents confirming the status of paternity;
Those of the documents that relate to the evidence base for the atrocities of the father.

Since the opposition to the refusal must be made within 10 days, it is advisable to go to court with the documents that were in your hands. Missing documents can be collected at the request of the court.

If your appeal to the court is planned, then it will be more effective to collect the proper evidence base to the maximum, and only then file a claim.

Where to begin? We fill out the statement of claim

Information about the court and the plaintiff

The claim is filed with the arbitration court of first instance general jurisdiction at the address of residence (registration) of the defendant. In it you need to indicate:

name of the district court;
judicial sector;
surname and initials of the magistrate;
your data as a plaintiff;
data about the defendant- the child's father.

According to the application form, these data are indicated on the right, at the top of the A-4 sheet. Further, in the center, the name of the document is indicated: "statement of claim", and the line below is the main text.

The essence of the statement of claim

The text must contain information about the child and his father, and then all the facts that allow or oblige the court to deprive a parent of paternity.

Facts must be backed by documentary evidence, which will be attached to the statement of claim and given in conclusion in the list of documents. After you have set out the essence of the matter, give a link to paragraph 2 of Art. 73 of the RF IC.

Reason for claim

On a new line in the middle of the sheet, write "Please", and then indicate the reason for the claim, which consists in the wording:

To deprive the defendant (indicating the last name, first name, patronymic) of parental rights to the child(indicating the last name, first name, patronymic),
Make (not make) changes to the record of the birth certificate(if you add - then designate them specifically).

Do not indicate anything superfluous in the application and do not rely on facts that cannot be documented... Better to rely on reliable information and confidently adhere to the concept built in the statement. If the reason is significant, the court will always defend the interests of the child.

Should a citizen who has been deprived of paternity pay child support?

Citizens deprived of paternity are not relieved of the obligation to support their children in accordance with Art. 74 RF IC. Besides that

Lawyer services for deprivation of parental rights: legal advice

Deprivation of parental rights: record keeping, filing a claim

Representation services in the framework of a case on deprivation of parental rights

Additional services in the case of deprivation of parental rights

Deprivation of parental rights as child protection

One of the most pressing problems in Russia is the protection of the rights of the child. Due to the fact that many parents do not fulfill these responsibilities, deprivation of parental care is becoming more common in Russia every year. The deprivation of parental rights is carried out regularly.

Every year, about 100,000 children are orphans as a result of the deprivation of the rights of their parents or the abandonment of the child by the father and mother.

It should be noted that another shortcoming in the domestic family legislation is the lack of a precise concept of “deprivation of parental rights”. The legal system for protecting a child is objectively different from the mechanism for protecting adults, and requires significant improvement, as has been repeatedly noted in the scientific literature. Such a complex and morally difficult procedure as deprivation of parental rights of a mother or father, unfortunately, has become a frequent occurrence in our society.

How is deprivation of parental rights carried out, and what are the grounds for deprivation of parental rights?

Purpose of deprivation of parental rights

The main goals for the achievement of which the relevant authorities write to the court an application for deprivation of parental rights are as follows.

Creation of the necessary conditions for the normal existence of the child, if this cannot be done without fulfilling the deprivation of the father's parental rights, the grounds for which the law provides;
Punishment of parents for their socially wrongful behavior.
Influencing parents who have been deprived of these rights and who have the opportunity to restore them. This goal is also pursued by deprivation of parental rights.

Today, in judicial practice, a child, deprived of parental care, is usually given to an orphanage or to another family. Accordingly, when accepting the deprivation of parental rights, the court must raise the issue of the residence of parents and children after the closure of the case on deprivation of parental rights, as well as raise the issue of partial ownership, if any. Then it will be much easier for the child to arrange his future life in the future. This issue is considered necessarily if there is a deprivation of parental rights.

Depriving parents of parenting may not be permanent. The goal of restoring parental rights after the deprivation of parental rights has occurred is to restore the child's necessary and natural bond with the parents. In addition, there is the possibility of updating parental rights, which is a good incentive for parents to change their positions in life, to understand that there is no more important and responsible mission than being parents, taking care of their children. Sometimes termination of parental rights helps with this.

Each parent assesses the legal consequences of deprivation of parental rights. This is necessary so that parents who are ready to return the child after the deprivation of parental rights has been carried out are familiar with the set of documents and the totality of evidence that must be presented in court when filing a claim for the return of the child to themselves.

The deprivation of the right to see a child is also preventive in nature, which allows other parents to rethink their relationship with their children and take the path of correction in order to preserve a full-fledged family. Thus, deprivation of parental rights is, on the one hand, a measure of punishment, and on the other, a tool for preventing parents' misbehavior towards their children. Deprivation of parental rights can be applied to the father, and the deprivation of parental rights of the mother can also occur.

Statement of claim for deprivation of parental rights

A claim for deprivation of parental rights of a father or mother must be filed only in writing. Before you prepare a statement of claim for deprivation of parental rights in court, you need to obtain 2 documents from the guardianship authorities:

an act on the examination of the living conditions where the child is being brought up;
conclusion on the validity of the claim for deprivation of parental rights, after consideration of which the deprivation of parental rights may be carried out.

You can download a sample statement of claim for deprivation of parental rights on the Internet in the public domain. A statement of claim for deprivation of parental rights is filled out in the form prescribed by law, including when the father is deprived of parental rights for non-payment of alimony.

Not all parents perceive the deprivation of rights against their own children as a punishment. On the contrary, some of them perceive the deprivation of parental rights as an exemption from their aggravating responsibilities for raising a child, which indicates that such a sanction as deprivation of parental rights is not fully effective.

The correct application of the legislation regulating the issues of deprivation of the rights of parents to raise children is designed, on the one hand, to prevent many negative phenomena, and on the other, the deprivation of parental rights should be a guarantee of the protection of children's rights, prevention of child neglect, and the like. For the deprivation of the father's parental rights to occur, the grounds must be sufficiently weighty, each case must be considered on an individual basis. This can be, for example, the deprivation of parental rights of the father for non-payment of alimony.

The court makes a positive decision, choosing to deprive the mother or father of parental rights, taking into account the obvious threat to the health, life and interests of the child. Likewise, the judicial authority may not support a claim for deprivation of parental rights. Then the court issues a warning about the inadmissibility of violating the rights of the child by the parents. Otherwise, the father's parental rights may be deprived of whose grounds exist.

In life, there are cases when, during the trial, the defendant, in order to keep the children at home, so that the deprivation of parental rights does not happen, assures the judicial authority that he is immediately ready to be treated for alcoholism or drug addiction.

Such proposals are unacceptable, because leaving a child in a family where his development is threatened only on the basis of verbal promises provided is unacceptable and can cause even more harm to the child. In this case, the grounds for deprivation of parental rights of the father remain.

That is, only if there is a real change in the defendant's behavior and there is evidence of changes in his behavior, the court may not use deprivation and restriction of parental rights as punishment. Then the deprivation of parental rights of the mother or father is not carried out.

Grounds for deprivation of parental rights

A court decision on deprivation of parental rights is possible if:

none of the parents took the baby from the hospital or medical institution without any serious reason and did not show parental care for six months; in this case, the court makes a decision - deprivation of parental rights of the mother, father, both parents;
parents shy away from direct responsibilities for raising a child: they do not provide the necessary nutrition; do not provide the necessary medical care, negatively affect the physical development of the child; the child is not given the opportunity to join cultural, spiritual and other social values and life concepts; do not teach the child to understand the principles and norms of morality, do not take an interest in his inner state; do not have conditions or do not want to create them for the education of a child in an educational institution; these are grounds for deprivation of parental rights;
the child in the family is treated cruelly, which leads to the deprivation of parental rights of the mother or father;
recognized by the medical board as addicted to alcohol or drug addiction; then the deprivation of parental rights occurs;
exploiting the child, forcing him to wander or beg; on this basis, the deprivation of parental rights occurs;
sentenced to punishment for crimes against children, which is also considered as grounds for deprivation of parental rights.

The procedure for deprivation of parental rights can be made in relation to all children they have or one of them. For the deprivation of parental rights of the father to be carried out, the grounds must be obvious.

If the court sees signs of a criminally punishable crime in the actions of the father or mother, it notifies the pre-trial investigation body, which starts a pre-trial investigation, which may result in the deprivation of parental rights of the mother or father.

Deprivation of parental rights of a father of grounds

If we analyze the norms of the Chapter of the Family Code of Russia (hereinafter - SC), then we can say that the legislator has delimited as much as possible the rights of parents and children and their responsibilities. This has a positive meaning, since the existence of the so-called models of "rights-obligations" invariably gave rise to theoretical and practical problems, because right and duty are antagonistic and incompatible categories: the right lies in the behavior that is allowed, and the obligation - in the obligatory behavior. This is considered in such an aspect as deprivation of parental rights.

Before proceeding to the analysis of the exercise of parental rights, it is necessary to pay attention to one more feature of these rights. It is the ensuring of the rights and interests of the child that is the recognition of parental rights, the purpose of their implementation. If this does not happen, the state can resort to such a measure as deprivation of parental rights. In this case, the grounds for deprivation of parental rights are considered in each specific case individually, when there is a deprivation of parental rights.

In addition to parental rights, there are also other subjective civil rights that should be exercised in the interests of third parties. Only “target rights” can be abused and abuse is defined by subjective civil rights as a violation by an authorized person of obligations established by law or contract. All this can cause the deprivation of parental rights to occur.

It is the assessment of the compliance by the parents of their rights with the interests of the child that is decisive in resolving such an issue as the deprivation of the right to raise a child, if there are reasons to fulfill the deprivation of the father's parental rights, the deprivation of the parental rights of the father for non-payment of alimony.

Deprivation of parental rights of a father for non-payment of alimony

A citizen who has been deprived of parental rights is in no way exempt from further maintenance of the child. Failure to comply with this rule may result in the deprivation of parental rights for the father for non-payment of alimony.

The need to ensure the rights of the child is directly stipulated by the provisions of the Constitution of the Russian Federation, the Convention on the Rights of the Child, and other international legal treaties of the Russian Federation, the consent to the binding of which is provided by the State Duma and the Family Code (SK). The court can accept the deprivation of parental rights for non-payment of alimony. This is one of the reasons for the deprivation of parental rights.

One of the important rights of the child is his right to maintenance, which provides the child with an adequate standard of living, nutrition, upbringing, and the like. When such a right is not ensured by the parents, they are threatened with deprivation of parental rights of the father for non-payment of alimony. However, as practice shows, it is this right of the child that is quite often violated by both parents and other persons who are obliged to support the child in accordance with the current legislation. The consequence may be deprivation of parental rights of the mother or deprivation of parental rights of the father for non-payment of alimony.

In many cases, deprivation of parental rights for non-payment of alimony is associated with the unwillingness of parents to fulfill their obligations. And this is the legal deprivation of parental rights of the father for non-payment of alimony. In this regard, it is necessary to analyze at the proper level the current legislation that establishes the grounds and procedure for collecting alimony for a child.

It is important that the obligation of parents to support the child arises regardless of their incapacity for work, legal capacity. Despite the fact that the law provides an opportunity for the parents of a child to decide the issue of alimony support for their children by agreement, a significant number of alimony penalties are still carried out by the decision of the judicial authorities in the procedure of claim proceedings. If the parent does not comply with the court's decision, deprivation of parental rights may be carried out. If there is a deprivation of the parental rights of the father, the grounds may be different.

Deprivation of parental rights of a mother

Deprivation of parental rights in child abuse, like domestic violence, often takes place in Russia. Deprivation of parental rights of a mother or father on this basis occurs quite often.

However, studies devoted to this problem have appeared recently: for a long time the fact of the existence and prevalence of the problem was generally denied. And, as a result, we can state the absence of statistical recording of the facts of parental abuse with children, the low level of knowledge on this issue among specialists who daily observe such a phenomenon.

Today, cruelty towards children is a fairly frequent basis on which deprivation of parental rights is built.

Recently, a growing number of people have filed a statement of claim for deprivation of parental rights in cases of abuse. And contrary to popular belief, rapists are more often not strangers, but relatives and people whom the child knows and trusts. The court considers this as grounds for deprivation of parental rights.

However, even today it is impossible to accurately determine the level of prevalence of child abuse in families. Sometimes children simply do not know a different attitude towards themselves, and therefore they consider it the norm, then deprivation of parental rights does not occur for a long time.

The law does not contain the term “ill-treatment”, but it does appear in professional dictionaries. The latter explains it as causing physical, psychological, emotional harm to a child through deliberate actions, as well as the negligence of parents, educators or other persons in relation to a minor. All these are grounds for deprivation of parental rights, so that the deprivation of parental rights due to such behavior of adults in Russia occurs if the fact of abuse is established.

Thus, violence always involves coercive action against the will of the other. Abuse includes, in addition to its various kinds, neglect, which is coercion, and is rather inaction, neglect of parenting. According to existing theories, the factors of abuse are divided into psychological and social, which may lead to a decision of the judicial authority to carry out the deprivation of parental rights.

Social causality theories consider external factors that influence the onset of violence, namely cultural norms, poverty, unemployment, social exclusion, low educational level, and the like.

According to researchers, there is a link between poverty and child abuse. Poor financial conditions lead to the exploitation of children. In Russia, such grounds for deprivation of parental rights are not used by the court so often, but such situations occur regularly. For such reasons, the deprivation of the parental rights of the father, the grounds for which have been carefully considered by the court, occurs quite often.

Abused children experience trauma that results in them developing with specific characteristics. According to the legislator, the best way to protect a child from parental violence is to deprive the mother or father of parental rights, or both.

The negative consequences of abuse are the desire to isolate themselves from society, learning problems, inability to control their behavior, insecurity, feelings of anxiety, anger, persistent childhood fears, impaired contact with adults, the development of depression and feelings of inferiority. That is why such a situation when children are subjected to violence (psychological or physical) is a good reason for deprivation of parental rights. When there is a deprivation of the parental rights of the father, the grounds for such a plan must be taken into account by the court.

Therefore, the consequences of deprivation of parental rights in child abuse have only a positive connotation, since the child begins to live anew, on an equal footing with others. In these cases, it is advisable to file a claim for deprivation of parental rights.

Avoiding parental responsibilities

For evading the responsibility of raising children, parents are brought to the following types of responsibility:

administrative;
civil - legal;
family - legal;
criminal.

A statement of claim for deprivation of parental care is filed by one and the parents or an authorized body with repeated evasion of the parent's responsibilities for raising a child, which means inaction, as a result of which the responsibilities for raising a child are not fulfilled at all or are not performed in full. In this case, the deprivation of parental rights occurs, including the deprivation of parental rights of the father for failure to pay alimony.

The grounds for deprivation of parental rights vary. For example, the adolescent is encouraged to perform antisocial acts, attitudes and attitudes are instilled that promote cruelty, aggression, hatred, disrespect for laws and established rules. This is the basis for making a deprivation of parental rights. Conditions are formed that threaten the life and health of the child; are carried out on an ongoing basis nagging a minor for any reason and for no reason. On this basis, the deprivation of parental rights of the father can be carried out for which the grounds are obvious.

In accordance with the Family Code, "parents' evasion of the fulfillment of the obligations stipulated by the legislation to create the required conditions for the life and upbringing of children, their education", in addition to deprivation of parental rights, entails a verbal warning or a fine, even after the deprivation of parental rights has occurred. rights, for example, deprivation of parental rights of a father for non-payment of alimony.

The same acts, which were committed within one year, again entail a fine. This is another way of punishing unscrupulous parents who are subject to deprivation of parental rights.

Malicious evasion of responsibilities for the upbringing and care of a child, which has entailed aggravating consequences, is punishable by a criminal offense. This complements the grounds for deprivation of parental rights when a claim for deprivation of parental rights is filed.

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Deprivation of parental rights of a woman

Hello, I know someone who leads a riotous lifestyle, she was lying in 2018 3 times and in 2019 at the mental hospital, but for some reason she is not registered, her husband left her in May of this year, took the child only when they called from the kindergarten and they said that she started banging her child with her head on the door and they would not give her the child constantly unknown cars and drunks come to her house all the neighbors watch her walk naked around the house, and her husband does not take care of the child, but threw it off on his parents, tell me where and what can be done in relation to these parents, since she is very sorry for the child, and she has an older girl who is currently with her first husband who, according to the court, does not have the right to take care of the child at all

Natalia 07/31/2019 09:51

Good day! According to Art. 70 SK RF l the deprivation of parental rights is carried out in court.Cases of deprivation of parental rights are considered at the request of one of the parents or persons replacing them, the application of the prosecutor, as well as at the request of the bodies or organizations that are entrusted with the duties of protecting the rights of minors (guardianship and guardianship bodies, commissions for minors, organizations for orphans and children left without parental care, and others). Contact the guardianship authority and state all the circumstances of the case, after which the guardianship will be obliged to take the necessary measures.

Kolenskaya Svetlana Alexandrovna 31.07.2019 14:15

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I fully agree with my colleague.

01.08.2019 12:27

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Solution of parental rights

Hello, my name is Svetlana, I have such a situation that four protocols were drawn up against me for leaving my children with my mother and leaving on business, and they made up protocols for me for allegedly drinking alcoholic beverages at that time, although no one saw it and confirm if I can challenge these protocols because they want to file a claim against me for parental rights and if I can leave my children with my mother

The specialists of the Pravoved portal will tell you how you can deprive your father of parental rights, and in the competence of which authorities are these actions.

Many families in Russia are dysfunctional. These include families where children are raised by only one parent. If the second refuses to participate in education, this is not the worst scenario. It is much worse if the father or mother, from whom the child was taken away, put a spoke in the wheel. The only solution to this problem may be deprivation of parental rights.

Initiation of the procedure is possible not only if one of the parents interferes with education. A child can be taken away if favorable conditions are not created for his development. The specialists of Pravoved.ru will tell you on what grounds the deprivation of paternity is possible and what is the procedure for passing the procedure.

First of all, you need to find out whether it is worth starting such a business at all. The work is very difficult, especially if it is carried out unilaterally. Try to talk again with the child's father if he is ready to continue fulfilling his obligations. If he categorically refuses to commit, then there is no other way out. We'll have to act radically.

Note!

The difficulty of depriving a father of parental rights varies depending on a number of factors. First of all, we are talking about the grounds for such actions. They must be strong enough, otherwise the court will not satisfy your claim.

It must be remembered that after the filing of the statement of claim, the father may change his line of behavior. For example, if earlier he was indifferent to children, then after receiving notification of the trial, he can radically change his behavior. For example, starting to take care of children, bringing them all kinds of sweets, trying to change their opinion about the current situation in their favor. Therefore, before starting the procedure, talk to the parent once again. Try to convince him to take the right path. If the communication has not borne fruit, then you will have to contact the authorized bodies and resolve the issue in a radical way.

So, for the successful completion of the case, appropriate reasons are required. Let's consider them in more detail.

Malicious failure by the parent to fulfill obligations and abuse of rights. For example, refusal to transfer alimony payments.
Parents' desire to leave the child in a maternity hospital, correctional institution, correctional school;
Cruel treatment. This includes various types of psychological or even physical abuse.
Father's abuse of alcoholic beverages, use of narcotic drugs.
Committing a crime (with proven malicious intent) that threatened the health of a child or his mother.

So, how to make sure that the father no longer has anything to do with the children? Let's try to answer this question.

Unilateral termination of paternity

Parents are often interested in the question of where to go. You need to start with the juvenile service, this is a less problematic way.

So, after contacting the guardianship and trusteeship authorities, it is necessary to prepare an application in the prescribed form. We will talk about it later. Next, the representatives of the juvenile services should check the grounds you have stated. If everything is confirmed, then the procedure for preparing documents for deprivation begins. The package includes:

birth certificate;
a document confirming paternity;
a certificate on the composition of the family, which must confirm the fact of the children living with their mother;
certificate in the form 2-NDFL, confirming the mother's ability to pay and her ability to provide for the child;

In addition, you must pay a state fee. Payment receipt is also included in the list of required papers.

As practice shows, contacting the guardianship and guardianship authorities is the best way to achieve your goal. Representatives of the juvenile affairs service will independently act as a plaintiff in the case, help prepare papers, provide samples of statements that you will need to write. Therefore, it is recommended to start with them.

Procedure for depriving a father of parental rights

Let's start with who has the right to file a claim and deprive the father of parental rights? The legislation defines the following circle of persons with the appropriate powers:

own mother;
guardian of the child;
trustee;
adoptive parent;
educational institution;
medical institution;
state service for minors;
the prosecutor's office.

All these persons and government agencies have the authority to initiate cases of deprivation of parental rights. However, such actions must be formalized accordingly. Let's talk about this in more detail.

Application for termination of paternity

An application written by the child's mother is submitted to the territorial office of the guardianship and guardianship authority. It must indicate the following information:

information about the child;
information about the mother of the minor;
information about the father;
information about illegal actions that serve as the basis for deprivation of parental rights.

The application is considered for several days. Further, a commission is formed, which will visit the house where the child lives and determine how the existing conditions meet the requirements. Also, experts will talk with children and find out if the stated grounds for deprivation of parenting are correct. If this is true, then the employees of the children's affairs service will proceed to the next stage - the preparation of the statement of claim.

Forfeiture of paternity suit

As we have already said, cases of this kind are considered by the district court. Both representatives of the juvenile affairs service and the mother of the child can file a claim. If you go to court yourself, it is recommended that you use the services of an experienced lawyer. He will help you prepare a statement, collect documents and represent your interests in the judiciary. When drafting a claim, you need to pay attention to the following aspects:

Family situation. It is necessary to indicate what was the situation at home, why the father stopped communicating with the child, whether he provided any assistance, whether he paid child support regularly.
Child's opinion. It is necessary to describe what the child thinks about this. Does he agree with the position of the mother. By the way, if a child is over 10 years old, then he will have to come to court and tell the judge his opinion. This can only be done in the presence of the mother.
Requirement. Be clear about the requirement to terminate parental rights and support your words with a reference to the relevant regulations.

After submitting the necessary documentation, the consideration of the case begins. The mother needs to clearly articulate the position and indicate the facts supporting the grounds for a successful outcome. The defendant must also appear in court.

Note!

If the father does not want to attend the court sessions, although he receives a notice, a decision can be made in his absence.

Situations often arise when it is impossible to notify the defendant. In this case, there are two ways out - making a decision in absentia or appointing a public lawyer who will represent the interests of the parent being deprived of his rights in his absence.

The decision will be made only on the basis of the relevant evidence. How to prove certain violations that the father committed? Let's start with parental abuse. A classic example of such a situation is the refusal to leave the child abroad (on vacation, sports competitions). This situation is a classic abuse and can be confirmed by a written refusal from the father.

If the parent is accused of more serious crimes, such as involvement in prostitution, vagrancy, theft, the evidence will be provided by representatives of the juvenile service, as well as law enforcement agencies. If the father abuses alcohol or suffers from drug addiction, confirmation from the medical institution is required.

Another common question: what about alimony? According to the current legislation, the father is obliged to transfer money to support the child even if he is deprived of parental rights. Moreover, if there is a debt for alimony, it can also be recovered in court.

If you are facing a termination of paternity litigation, you cannot do without a qualified attorney. The specialist will accompany the work of the children's affairs service and control that there is no bias in the actions of employees. He will help you collect the necessary papers, prepare a statement of claim and defend your position. Cases of this kind are very difficult, and often without a professional, the chances of success tend to zero. So don't give up on a good lawyer.

The consequences of deprivation

Finally, it is necessary to mention the consequences of a positive court decision in such cases. In fact, the child has only one parent, the other loses all rights. In particular, he no longer has the opportunity to be interested in the lives of children. For example, he cannot go to school and ask for access to the class journal to get grades. He also cannot go to the clinic and ask for a medical card.

The father actually becomes a stranger to the children, he cannot see them. He cannot make decisions that will in any way affect their lives. For example, a person who is deprived cannot forbid children to go abroad; for this, the decision of one parent is enough.

The deprived parent ceases to be the child's heir. However, it remains the testator. Thus, after death, children can claim inheritance, parents without rights cannot. As for relatives, the deprivation of paternity does not affect them. Accordingly, grandparents reserve all rights. They may be interested in the child's life.

Summary

It is quite possible to deprive the father of parental rights. The main thing is the presence of grounds and documentary or evidence. You need to start by contacting the child welfare service. If the specialists of government agencies do not help you, you should go to court yourself. Cases of this kind are extremely difficult and cannot be done without the help of a lawyer. If you need a free consultation, you can get it on our website.

The most severe liability for parents is deprivation of their parental rights... It is the responsibility of one or two parents for misconduct against their own child.

The measure can be applied to both parties: father and mother. But more often fathers are deprived of parental rights.

If the father ceases to participate in the life of his child, does not want to meet with him or sees him rarely enough, but does not intend to give up his rights, the mother can take appropriate measures.

Let's consider how to deprive a father of parental rights without his consent, as well as for what you can deprive him of his rights in 2020.

Deprivation of parental rights is regulated by Articles 69-72 of the Family Code of the Russian Federation.

In addition to deprivation of rights, the legislation provides for other severe sanctions applied to parents:

restriction of parental rights;
removal of a child, if there is a threat to his life, health.

Each of these punishments is aimed at protecting the interests of children who have not reached the age of majority, depending on the severity of the offenses committed by the father in relation to his child.

Each of the envisaged sanctions applies to the father in relation to children who are under 18 years of age.

Parents are not deprived of their rights in relation to adult children, they are not limited.

Deprivation of parental rights is a complete interruption of family relations between a parent and his biological children, the loss of all their obligations to a father deprived of parental rights in cases that are provided for by legislation:

maintenance of parents who have lost their ability to work;
the right to inherit (if the child has died);
the right to receive various benefits and allowances that are provided for citizens with children;
the right to influence or dispose of the place of residence of the children.

A sick father who has been deprived of his rights cannot use or dispose of the property belonging to the child.

The decision to deprive the father of his rights is made only in court. Most parents are deprived of their rights by court. But sometimes the father voluntarily abandons the child after an agreement with the second parent.

It is a common misconception that only those fathers who abuse alcohol, drugs, or who avoid paying alimony for a long time are deprived of parental rights.

The grounds for deprivation of rights are regulated by Article 69 of the SK:

Many mothers wonder if their father can be deprived of parental rights if he does not pay child support. Article 69 also provides that a person can be deprived of rights for malicious evasion from the payment of alimony.

Video: Deprivation of parental rights

Conflicts between parents after divorce proceedings are the most common motivation for a child's mother to file a claim in court.

In this case, the cases of deprivation of rights under consideration are based on the mother's desire to take revenge or annoy the father of her child.

During the procedure for depriving the father of parental rights, the court must take into account the interests of the children, only then the interests of the father.

The mother must present sufficient reasoning for her actions, confirm her innocence with facts and evidence of the neglect of the father towards the child.

In this case, the court takes into account the interests of the mother in the last place.

If the father always pays alimony, does not suffer from alcoholism, drug addiction, participates in the life of his child, treats him well, and the mother's intentions to deprive the child's father of parental rights are unfounded, the court may refuse the claim. And this practice is very common.

We will find out where to go so that the father is deprived of parental rights. How and where to start the process?

First you need to go to court... A statement of claim is filed at the place of residence of the child's father.

The lawsuit provides a detailed and competent indication of the grounds on which the child's mother demands to deprive the father of his rights.

Before filing a statement of claim, the mother can contact the guardianship authority for advice. Then the employees themselves will collect evidence of the child's father's guilt.

The claim can be satisfied even without the consent of the defendant, who can appeal against the judgment in the next court.

Have the right to file a claim:

mother of the child;
guardianship officials (if the child is brought up in an orphanage, boarding school, with other relatives who are not parents);
prosecutor.

If the father does not agree with the claim, he must declare this in court.

The initiative to file a claim depends on the degree of parental failure.

A father can be a drug addict or a chronic alcoholic, but at the same time not have a negative impact on his child, regularly pay alimony, and provide all kinds of assistance in his maintenance.

Establishing the fact of the disease is not enough to deprive parental rights.

The prosecutor is also not always able to file a claim to deprive the father of his rights. Only when a criminal father is able to pose a threat to the life and health of children.

Not everyone knows how to write a statement of claim for the deprivation of parental rights from a father. The following data is entered into the claim:

Deprivation of parental rights is a serious punishment for many parents, so any reason indicated in the statement of claim must be supported by strong evidence:

if the father is an alcoholic or drug addict, the mother must present to the court certificates from medical institutions that conducted the appropriate examinations and established the fact of diseases;
if the father is registered in a neuropsychiatric dispensary, a certificate from this organization must also be provided.

The more the mother collects evidence of the defendant's guilt, the more chances she will have of winning the case.

The evidence is:

The witnesses are:

relatives of the child;
housemates where the child lives with his mother;
employees of the preschool or school institution where the child is studying.

The commission by the father of a deliberate crime against the mother and child does not require proof. Documentary evidence will be requested in due course.

Article 50 of the UK regulates the following procedure for considering cases of deprivation of parental rights:

Before filing a claim, the mother must collect the relevant documents in order to deprive the father of parental rights:

The court has the right to request additional documents.

Respondent notification

A father who has not yet been deprived of parental rights can receive a copy of the statement of claim by mail. Then he decides whether to appear in court or not.

If he does not come to the first meeting, he will be postponed. At the second session, the judgment will be made without his consent.

The judgment, which has not yet entered into force, is sent to the defendant:

at the place of his permanent registration;
at the place of residence.

The court shall notify the defendant:

by registered mail with notification;
by fax;
other means of communication.

Effects

Family law regulates the consequences of deprivation of parental rights:

The question whether the child has the right to inherit if the father is deprived of parental rights is answered by Article 71 of the RF IC: the child's right to joint real estate with the father, the right of inheritance, as well as his property rights based on the fact of kinship with parents and other relatives, remain ...

Although the father loses the right to live in the area that belongs to his child.

Is a father who has been deprived of parental rights obliged to pay child support?

The same article regulates that deprivation of parental rights does not release parents from the obligation to support their children until they reach the age of majority.

But the child has the right to refuse the obligation to pay alimony to the father if he loses his ability to work.

Single mother status

We will find out in which cases a mother can obtain single status, and in which not.

Recognized as a single mother	Not recognized
The woman who gave birth and raised a child out of wedlock. Paternity was not properly established (through the registry office or the court).	A woman who brings up children after a divorce and for various reasons does not receive child support from her father for them.
A woman who gave birth to a child in marriage or within 300 after the divorce, if the ex-husband was recorded as the father of the child, but paternity was contested by the court, and the court decision was made in favor of the ex-husband (he was not recognized as the father of the child).	A woman who has given birth to a child within 300 days of a divorce, invalidation of a marriage, or the death of a spouse. The ex-spouse is recognized as the father of the child, and the registry office will register the child to the father. Even when biological paternity is not confirmed.
A woman has adopted or adopted a child out of wedlock.	The woman is not married, but is raising a child whose paternity was established in court or voluntarily, even if this man does not live with them.
	Widow.
	The mother of a child whose father has been deprived of parental rights.

What benefits will the mother have in this case? The father is not released from the obligation to support his child even after the deprivation of his parental rights.

If the father has not begun to pay alimony to the child, the mother can apply to the social protection authorities, then the child will be assigned an appropriate allowance.

He is appointed if:

the father is put on the wanted list for the recovery of alimony, as well as if his whereabouts are unknown;
the father is imprisoned, undergoing compulsory treatment or under arrest;
lives in another state with which Russia does not have an agreement on mutual legal assistance.

But compared to the amount of alimony due, the amount of the allowance is small. You can find out more about the amount of benefits and other required benefits from the social protection authorities.

Family law (Article 72) allows for the restoration of parental rights:

The process of depriving the father of parental rights is very laborious, costly and not always expedient... And such a right is not always beneficial for the mother, who will no longer be considered a single mother.

The father is deprived of all rights in relation to his child, but retains the obligation to support him. However, the prescribed benefits in connection with the non-payment of alimony by the father are rather small.