Is it possible to deprive a father of parental rights? Why are parental rights deprived? Basic rights of parents. What is needed to deprive a father of parental rights?

Parental rights, which all fathers and mothers automatically receive at the time of the birth of a child, entail a huge number of responsibilities.

Parents are obliged:

1. Support your children until they reach full adulthood.
2. Feed, shoe and dress them in the required size.
3. Give them an education.
4. Raise children, adapting them to living conditions.
5. Instill in them skills that will help them socialize in society.

Although these obligations often cannot be measured, the lack of necessary care and violent methods of raising a minor can provoke deprivation of rights to the child.

This measure is more often applied to male parents who do not live in the family and do not show any participation in the child’s life. But to deprive a father of parental rights, serious, undeniable evidence and arguments are needed. How to terminate parental rights ex-husband, and what are the pros and cons of this measure, let's talk in more detail.

The grounds for deprivation of the parental rights of a father or mother are stipulated by the legislation of the Russian Federation. The main document regulating this legal concept is the RF IC. Articles 69 to 73 of the code discuss both the very concept of deprivation of paternity and the reasons that can initiate it.

The grounds for deprivation of paternity are expressed in the following points:

1. The parent is caught in cruelty towards the child. Not only beatings are taken into account, but also moral humiliation, as well as exerting psychosomatic pressure on a minor.
2. Complete lack of material participation on the part of a man or woman.
3. Forcing a child into drunkenness, drug addiction, begging, theft, robbery, robbery.
4. The basis for deprivation of parental rights is the presence of alcohol or drug addiction in a parent.

Having one or more of the conditions listed above, you can deprive the father of parental rights without his consent.

The most common basis in Russia for the termination of a father’s parental rights without his consent is the lack of child support payments. To deprive the father of his rights to the children, the wife will have to prove that the man is a willful defaulter. Only such a formulation can become a sufficient reason for depriving the father of parental rights.

For correct design procedures, it is necessary to follow the procedure for depriving the father of parental rights.

Procedure for deprivation of parental rights

How to properly deprive a father of parental rights and where to start when making this decision?

Parental rights are deprived only during judicial consideration of the case, otherwise is not indicated in the legislative acts of the Russian Federation.

To initiate the procedure for deprivation of parental rights, you will need to follow the step-by-step plan below:

1. Contact the Guardianship Department in person. The procedure itself is carried out only in the presence of representatives of this body and with their direct participation.
2. File a claim.
3. Complete the required package of papers.
4. Appear with the claim and documents at the court secretariat to register the papers.
5. Wait for notification of the scheduled meeting, which you must attend alone or with your child. Children, after overcoming a certain age barrier, must be present in court, their opinion is also taken into account.
6. Get a court decision.
7. Obtain a certificate of deprivation of the father's parental rights from the registry office.

Deprivation of paternal rights is possible both during the dissolution of marriage and after the divorce. However, this procedure is carried out only until the child reaches full adulthood. In the Russian Federation, adulthood is considered to be crossing the 18-year mark.

Preparation of a statement of claim

Often it is women who wonder how to deprive their husband of parental rights. Moreover, this most often has to be done unilaterally; many fathers do not agree to this procedure, considering it an unjustified measure.

Only through a statement of claim can a father be deprived of parental rights. Its preparation is the main stage for achieving the desired result.

The claim is drawn up according to general legal norms. The application must be written by hand or printed. Specialists with a legal education can be involved in its preparation, which undoubtedly increases the applicant’s chances of achieving the desired outcome of the case.

Here's what you need to include in your claim as mandatory items:

1. Details of the court where the case will be heard.
2. Information about the parties to the conflict.
3. The text of the claim itself begins with the information of one or more children.
4. The following indicates the main circumstances that served as the reason for filing the claim. It would be correct to describe the situation as fully as possible, but adhere to legal norms and not use jargon words, while adhering to business style presentation.
5. A request is made to deprive parental rights with or without the consent of the father.
6. The documents that are attached to the claim and are the evidence base for the arguments presented in it are listed.

The application is certified by the signature of the plaintiff.

Collection of necessary documents

The evidence base is the basis that allows you to file for deprivation of parental rights. It is indeed impossible to deprive the child’s father of parental rights in the absence of sufficient reasons.

A father cannot be deprived of his rights on the basis of hostile relations between former spouses, if this fact does not affect the child, and the spouse wants to correct the current state of affairs and communicates with the minor.

Documentary evidence that can be used to deprive parental rights is considered to be:

1. A paper indicating the duration and amount of accumulated debt. Such a certificate can be obtained from the FSSP or obtained in court.
2. Medical papers or certificates that the minor’s parent is registered with a narcologist or a psychoneurological dispensary.
3. Data from law enforcement agencies on repeated referrals to the police. Although this fact itself is not a reason why paternity can be deprived. It only matters when viewed collectively.
4. Certificates from their medical institutions recording cases of child abuse. A document issued by a psychologist or about the filmed beatings is recognized. Health workers will tell you what criteria will be used to determine cruel treatment.

The court also accepts testimony from relatives, neighbors, and representatives of various structures.

Filing a claim in court

The claim application is submitted to the required department when it is fully equipped with the necessary documents.

The following may file a claim:

1. Any parent of a minor.
2. The child's legal guardian.
3. Prosecutor at the request of the parent.
4. Guardianship worker.

The claim is sent either to the city or district branch of the court. It would be correct to submit the paper at the place of residence of the person who is deprived of his rights. Sometimes such a place is unknown, so in this case the court decides the case at the place of residence of the applicant.

When accepting an application, the secretary pays attention to the following aspects:

1. Why a parent’s rights can be deprived, and whether the stated requirements comply with legal standards.
2. In what cases is a claim rejected?
3. Are there any components that do not allow the application to be accepted?

If the application is rejected, the plaintiff will not be able to re-file the same claim, so the document must be drafted and submitted responsibly.

When filing a claim, the following questions may arise:

1. How to deprive a father of parental rights without his presence? In this case, only a previously written application from the father stating that he agrees to renounce paternity is accepted.
2. How to deprive your ex of paternity if he categorically disagrees with it? This is not difficult to do; you just need to prove the reasons for the deprivation.
3. How can I apply for recognition of my father as no longer a parent and for child support at the same time? There is no need to worry about this, since if there are no previously appointed alimony payments, the judge himself will decide on their appointment.
4. What are the consequences of termination of parental rights for both parties? This issue will be discussed more fully below.

Filing a claim entails further consideration of the submitted arguments. Review begins no earlier than 30 days after submission of the application.

Consideration of a claim in court

The plaintiff, who has prepared the claim and the relevant papers, already knows how to deprive a bad parent of paternity.

The main task of the applicant is to confirm and prove the consistency of the arguments he has presented.

If there are testimonies attached to the application, the witnesses must appear, upon request, at the authority and confirm what was previously stated on paper. In the case of issuing medical certificates, employees of medical institutions are also called as witnesses. The presence of representatives of the guardianship authorities is also required.

Children over 10 years of age must also be previously familiarized with both the claim itself and be present at the hearing. In case of detected disorders in a child or depressive state his presence may be limited.

The defendant, realizing that he is threatened with deprivation of rights to a minor, can make efforts to preserve them and prove his innocence or desire to improve.

Consequences of deprivation of parental rights

What is the benefit of depriving a father of parental rights? There are many myths surrounding this issue. Why do many defaulters, deprived of their rights, believe that this decision exempts them from further payments? This belief is fundamentally wrong, because a person is deprived only of the rights, and not the obligations that are given to him by the right of paternity. A person who has lost paternity is obliged to pay the previously assigned alimony deductions and repay the accumulated debt.

What this action really threatens a negligent parent is the impossibility of further communication and influence on the future of their child. Subsequently, the deprived parent will not be able to demand legal financial assistance from his child if such a need arises.

Sometimes mothers, thinking about how they can deprive the father of his rights, are afraid of losing his legal inheritance for the child. But this fear is unjustified, since the inheritance remains with the children, regardless of the procedure performed.

You might be interested

There is a widespread belief that mostly irresponsible fathers are deprived of parental rights (You can read more about this in the section - Deprive a father of parental rights. In reality, this is not always the case. According to statistics, almost half of the cases in this category are about the deprivation of the rights of unlucky mothers. Unfortunately , in modern society such cases are far from uncommon.How can one deprive a mother of legal parental rights - the question will be relevant for fathers, grandparents and other relatives who cannot calmly observe the irresponsible and often dangerous behavior of the mother for the child.

Modern mothers sometimes leave their newborn children in maternity hospitals. And those women who take them cannot always take good care of them and fulfill their parental responsibilities to the fullest. It's sad but true: a huge number of children live in social institutions with living parents.

They are not orphans and are almost impossible to adopt. Therefore, in many situations it will be better for a child if his unreliable parents are deprived of their rights. Then he has a chance to be in a normal family, to receive love, care, attention and a good upbringing.

Sometimes depriving a mother of parental rights, who in fact is not one, means giving the child this very chance to find out what a real - caring and loving - mother is.

In what cases is a mother deprived of parental rights?

Both parents have the same responsibilities provided for in Articles 63-64 of the Family Code. They must take care of upbringing, education, material maintenance, moral and physical health, moral and spiritual development, and protection of the rights and interests of their children. They must show enough attention to children, surround them with love, and create conditions for the comprehensive development of the individual. And of course, children must be fed, clothed, shod, and live in a clean, warm apartment.

The mother will be deprived of her rights only if she fails to fulfill her duties through her own fault. If a mother has a mental disorder, she cannot be deprived of motherhood, because she is a sick person and there is no guilt on her part. Maternal rights are also deprived on other grounds established by law (see below). Deprivation of rights is an extreme measure, as a result of which all family ties with the child are lost.

Why can a mother be deprived of her legal parental rights?

The list of grounds for depriving an irresponsible mother of her rights is established by Art. 69 SK:

• systematic failure to fulfill one's duties;
• non-payment of child support (if the child lives with the father) for more than six months;
• unreasonable refusal to pick up the baby from the maternity hospital (when there are no good reasons for this);
• abuse of rights. This could be inducing a child to use drugs, alcohol, commit crimes, beg, or force him to engage in sexual activity;
• alcoholism, drug addiction;
• cruel treatment (physical, moral, which leads to disturbances in the child’s mental health);
• a crime against the life of a child or second spouse, their health.

Important point: indicated in statement of claim the grounds must be proven and documented. Otherwise, the court will consider the demands unfounded.

Procedure for deprivation of rights

• father;
• guardian and trustee;
• prosecutor;
• child protection.

The plaintiff in the case is a child, and the above applicants act as his representatives. Other relatives and caring strangers can petition the relevant authorities to protect the rights of the child.

The claim must be filed at the place of residence of the mother. If it is proven that the child lives with the father, you can apply at their place of residence. The following circumstances do not affect the consideration of the case in any way:

• having single mother status;
• the mother is married to the child’s father or divorced;
• mother's minority.

Deprivation of the mother's rights may occur in favor of the father or immediate relatives (they are recognized as guardians if they can provide normal living conditions). If the mother had single status, the child is placed in an orphanage.

Where to begin

Start by collecting evidence. Determine the grounds for deprivation of rights and collect supporting documents. If the mother does not care for the child, write an application to the guardianship authorities for verification. They will draw up an act and, if there are grounds, they will register you as a dysfunctional family. You definitely need to enlist their support.

If your mother is in prison, take an extract from the Federal Penitentiary Service. If the basis is the commission of a crime, you must have a court decision in the relevant criminal case. Or, at a minimum, an order to initiate. If you need to prove abuse, use certificates from medical institutions and testimony from doctors.

Additional evidence of violation of children's rights may be:

• certificate of calling the police;
• opinions of psychologists/psychiatrists;
• doctors' reports on injuries;
• characteristics of the mother’s personality, etc.

Before filing a claim, you must take care of creating an evidence base. Otherwise, the hearing of the case, in best case scenario, will take a very long time. At worst, you will lose it. You can read more about acceptable evidence for each of the grounds in the section - Grounds for depriving parental rights. The court will take into account not only your documents, but also the conclusions of the prosecutor's office, guardianship authorities, as well as the evidence of the defendant.

When Required documents collected, file a claim. It must state the facts (“dry” legal language, emotions are of no use here) and evidence. Before submitting, pay the state fee. Since 2015, its size has been 300 rubles. The father of the child is exempt from paying the fee.

How to deprive a mother of parental rights without her consent?

As it was stated above: on the specified grounds and according to the described procedure. The consent of the defendant in the case is not required. He has the right to defend his opposite position and confirm it with documents. The court will consider all the facts presented, check whether they are justified, and make an informed decision.

How to deprive a mother of legal parental rights if she agrees?

The only option when a mother can voluntarily renounce her rights is to leave the newborn in the maternity hospital by writing a statement of voluntary renunciation. In other cases, the mother cannot waive her rights. She can be forcibly deprived of motherhood if there are grounds for it.

You need to understand that deprivation of rights - voluntary or forced - does not relieve the mother of her responsibilities towards the child. They arise upon his birth and last until he reaches adulthood.

Can a grandmother deprive a mother of parental rights?

Often in practice it turns out that the child’s natural mother is replaced by his grandmother, who takes care of the baby in every possible way and provides him with comprehensive help and support. But what to do if the mother not only withdraws from raising the child, but also poses a serious threat to him?

Or, in the future, not caring at all about the baby in his time, will he want to claim full support from him in his old age?

In this case, it makes sense to think about depriving the mother of her rights to the baby.

In what cases can a grandmother become a petitioner in such a case in court?

In order to answer this question, you first need to find out who can be an applicant in such a process:

• child's parent;
• authorized guardianship officer;
• prosecutor's office;
• baby's guardian;
• child's guardian.

As we see, even close relatives of the child are unfortunately deprived of the right to file a claim.

But what to do if the issue of deprivation of rights is acute?

In such a situation, the child’s grandmother has two possible options:

• 1. Obtain the status of a guardian and subsequently apply to the court for deprivation of rights.
• 2. Apply initially with a demand that the mother’s rights be limited. With this option, the child’s grandmother can directly apply to the court, and, if the case is successfully completed, receive the status of a guardian and proceed further.

How to start the process of depriving a child’s grandmother of rights?

If the grandmother has already acquired the status of a guardian, then in order for her to be able to deprive her of her rights, she needs:

1. Collect all evidence that the mother has a negative impact on the child under one of the following grounds:

• a. Child abuse;
• b. Self-withdrawal from education and assistance in all areas of the child’s life;
• c. Malicious evasion of child support;
• d. Serious alcoholism;
• e. Presence of drug addiction;
• f. Leaving a child in any organization (educational, medical) and categorically disagreeing with taking him away.

2. After the evidence is prepared, the grandmother needs to draw up a claim in which she must indicate:

• a. The actual current situation;
• b. The legal provisions you are referring to;
• c. The specific relationship between the child's suffering and the mother's negative behavior.

3. To confirm the stated facts (depending on the basis), you must attach the following documents:

• a. A certificate from the bailiffs with the calculation of the debt;
• b. Certificate from the baby’s kindergarten and characteristics;
• c. Certificate from the child’s school/gymnasium;
• d. Information from the clinic;
• e. A document that confirms the status of a guardian;
• f. Certificate of birth of the baby;
• g. A photocopy of your passport;
• h. Paid receipt for state duty.

4. After all the documentation has been collected, you can go to the district court in the place where the baby’s mother lives. Documents can be submitted to the court in one of the following ways:

• a. Submit to the judge at an individual appointment;
• b. Transfer through a judicial expedition;
• c. Send by mail.

After the judge receives all the documents, if everything is prepared correctly, he accepts your request for proceedings and schedules a hearing.

How to deprive a child's mother of a guardian of parental rights?

Since claims for deprivation of rights can be brought by a very limited group of persons, which include the child’s father, mother, prosecutor and guardianship authorities, then, if close relatives of the child, for example, a grandmother, want to deprive parental rights, serious difficulties may arise .

In order for the child’s relatives to have the right to file a claim for deprivation of rights, first, they must acquire the status of a guardian.

As a rule, guardianship relationships arise when the child has parents, with their consent. If there is no parental consent, then problems arise, and the status of a guardian can only be obtained if there are circumstances that really threaten the life of the child.

If you have such concerns, you must immediately contact the guardianship and trusteeship authorities, who must immediately respond to your signal, contact the child’s parents, go to their apartment and conduct an inspection of the living space, and also prepare a conclusion on the fact of the possibility the child’s stay in this living space.

If it is indeed revealed that the child’s presence with his parents poses a significant threat to his life and health, then the child is forcibly taken away from his parents. At this moment, the guardianship authorities determine who can be appointed as the child’s temporary guardian. As a rule, close relatives are considered first for this role.

If the relatives themselves agree to become temporary guardians of the child, then the child is transferred to their care. In this case, preliminary guardianship is issued. Since preliminary guardianship is an emergency and urgent method, to obtain it it is sufficient to present a passport and the presence of appropriate living conditions for the baby.

After establishing preliminary guardianship, such a guardian has the right, within a reasonable period of time provided by law, to prepare all the necessary documents for establishing guardianship in a general manner.

Regarding the issue of deprivation of parental rights, it is from the moment of receiving the status of a guardian (even temporary) that the interested person acquires the right to bring such a claim in defense of the rights of a minor child.

A statement of claim for deprivation of the mother’s rights must be prepared according to general rules and all the same documents that are required in ordinary cases are attached to it. The only thing that is worth specifying additionally is that it is also necessary to attach documents confirming the status of the guardian, as well as the existing conclusion of the guardianship authorities and the inspection report of the living space of the unscrupulous mother.

When filing such a claim in court, you should base your claim on the grounds available in the law for deprivation of parental rights, and also collect and prepare all certificates about the inappropriate behavior of the child’s mother.

Since deprivation of rights is a last resort, even if there are substantial grounds, it is worth being prepared for the fact that initially the child’s mother may simply be limited in her rights (in meetings with the child, the right to raise him, etc.), and given a reasonable period of time for correction.

But if there is no positive dynamics in the behavior of the child’s mother within the period given by the court, then she certainly faces deprivation of her rights.

I would also like to note that simultaneously with the deprivation of the mother’s parental rights, the child’s guardian has the right to file a demand for the recovery of alimony from the child’s mother for his maintenance. After all, despite the deprivation of rights, the mother will in any case retain all her responsibilities towards the child.

How to deprive a mother of legal parental rights if she drinks?

Chronic alcoholism is a disease. To deprive an irresponsible alcoholic mother of parental rights, she must be registered with a narcologist or undergo medical examination. A woman is unlikely to agree to do this voluntarily. But if she commits an administrative or criminal crime, she may be forced to undergo an examination.

How can you deprive an alcoholic mother of legal parental rights if there are no medical reports on hand? It's practically impossible. Even numerous witness statements will not help here. If a woman comes to the court hearing sober, she may well refute them, explaining this as a hostile relationship.

If you were unable to obtain a medical report, and you do not know how to deprive an irresponsible alcoholic mother of parental rights, do it in a roundabout way. Surely drinking woman does not care for children properly. Most likely, he often demonstrates cruelty to them. Gather relevant evidence and go to court on these grounds.

Who can become a guardian?

Only fully capable adult citizens. The court will take into account their personality characteristics, moral qualities and financial support. Guardianship is formalized six months after the deprivation of rights.

For how long is maternity deprived?

The legislator acts in the interests of the child. Therefore, after deprivation of rights, he gives his mother a second chance. As soon as she changes her lifestyle, her mother can write a statement to restore her rights. If at this point the child is not adopted, they may meet her halfway.

If the child has reached the age of majority (18 years), restoration of rights is no longer possible.

If you still have questions about how to terminate parental rights, call us and we will help you! Our phone numbers are in the Contacts section!

Telephone consultations are free!

You can read more about the cost of preparing court documents and your representation in court in the section - Prices.

Do you want to deprive your mother of parental rights? Do you need legal assistance regarding deprivation of your mother's parental rights? Contact us! We have the most extensive experience in resolving such conflicts in Moscow. And we are the only company that specializes in deprivation of parental rights!

Call and we will advise you for FREE!

Chapter 12 of the Family Code of the Russian Federation (FC RF) provides for the rights and responsibilities of parents.

According to Art. 63 of the RF IC, parents have the right and obligation to raise their children, strive for their development, take care of physical and mental health, etc.

At the same time, according to Art. 69 of the RF IC, parents, or one of them, may be deprived of parental rights in case of evasion of their duties; in case of malicious evasion of payment of alimony; abuse of your rights; child abuse; leaving the child in the maternity hospital; chronic alcoholism or drug addiction; committing a crime against a child or other parent.

Deprivation of parental rights is possible only in court at the request of one of the parents, their substitutes, the prosecutor or guardianship authorities, or organizations charged with protecting the rights of minor children.

Deprivation of parental rights of parents (one of them) is possible if the children are minors.

Deprivation of parental rights, main stages.

In accordance with the explanations of the Plenum of the Armed Forces of the Russian Federation, Resolution No. 10 of May 27, 1998 “On the application of legislation by courts in resolving disputes related to the upbringing of children,” deprivation of parental rights is a last resort.

As a rule, one reason for depriving parental rights is not enough; the court, studying the case materials, takes into account all the circumstances relating to the lives of the parents and their children.

To deprive parental rights at the request of one of the spouses, it is necessary to first go through several stages in order to collect documents that will be presented to the court.

1. Contacting law enforcement agencies

One of the grounds for deprivation of parental rights is intentional crime one of the parents in relation to their minor child, or in relation to the other spouse.

When violence occurs against a child or another spouse, the victim first of all needs to document the damage caused to health by contacting a medical institution for examination.

After receiving a medical certificate about damage to health, the victim (the child’s legal representative) has the right to file a crime report at the place where the crime was committed to the police in accordance with Art. 144, 145 of the Code of Criminal Procedure of the Russian Federation, with the exception of crimes provided for in paragraph 2 of Art. 20 Code of Criminal Procedure of the Russian Federation.

Based on the results of consideration of an application for a crime, law enforcement agencies make one of three decisions: to initiate a criminal case; refusal to initiate criminal proceedings; on the transfer of materials under jurisdiction.

If, based on a statement of crime, an illegal and unfounded refusal to initiate a criminal case is issued, then in accordance with Art. 123,124,125 of the Code of Criminal Procedure of the Russian Federation, the refusal can be appealed to the prosecutor's office or court.

If a criminal case is initiated, the victim, upon petition from the crime, is recognized as a victim (Article 42 of the Code of Criminal Procedure of the Russian Federation) and a civil plaintiff (Article 44 of the Code of Criminal Procedure of the Russian Federation).

After the preliminary investigation, the materials of the criminal case are transferred to the court. Depending on the proof of guilt, the court pronounces a guilty verdict against one of the spouses.

A copy of the verdict is given to the victim and can be used in the future. as proof in legal proceedings for deprivation of parental rights.

If the committed act contains signs of crimes provided for in Art. 115, 116, 128.1 of the Criminal Code of the Russian Federation, then an application to initiate a case on a private charge is submitted to the magistrate’s court in accordance with Art. 318 Code of Criminal Procedure of the Russian Federation. The form and content of the application are provided for in this article.

The court, after accepting the case for its proceedings, establishes all the circumstances relating to the crime and makes a conclusion about the guilt of the person concerned. After the court's verdict, it is also necessary to obtain a copy of the verdict and use the document when preparing a statement of claim for deprivation of parental rights.

2. Contacting the bailiff service.

The activities and powers of bailiffs are regulated, incl. Federal law No. 229-FZ “On enforcement proceedings”.

Malicious evasion of payment of alimony is one of the grounds for depriving parents of parental rights, while in practice it is possible to prove maliciousness only if a large amount of work is done in advance.

After a court decision is made to collect alimony from one of the parents, the writ of execution received in court is presented to the bailiff service at the place of residence of the spouse from whom alimony will be collected.

The bailiff sends requests to state registration authorities in order to establish the place of work and income of the spouse obligated to pay alimony.

If within enforcement proceedings the place of work of the debtor will not be established, as well as other income from which alimony should be calculated, but it will become known that the spouse obligated to pay alimony hides his income and avoids paying alimony in every possible way, the bailiff can bring the debtor spouse to administrative liability on the basis of Art. 6 Federal Law “On Enforcement Proceedings”.

With further attempts to conceal their property and income in order to evade payment of alimony (alimony arrears), the spouse obligated to pay alimony may be prosecuted for malicious evasion under Art. 157 of the Criminal Code of the Russian Federation.

Based on the results of enforcement proceedings, in order to prepare a claim for deprivation of parental rights, it is necessary to obtain a certificate of arrears of alimony, documents indicating the imposition of administrative liability and criminal prosecution of the debtor.

3. Collection of other documents and testimony that characterize one of the parents from the negative side.

If one of the parents suffers from chronic alcoholism or is a drug addict, and is also registered accordingly, it is necessary to select the appropriate documents (certificates, extracts, doctor’s reports, names of the doctors who carried out the treatment, etc.) confirming the diagnosis and treatment in medical institutions this spouse.

In addition, as part of preparing documents for a statement of claim for deprivation of parental rights, it is necessary to collect all possible and available documents for one of the parents that negatively characterize him, incl. characteristics from places of work, testimonies of friends and neighbors, officials schools, kindergartens, etc.

4. Contacting the guardianship and trusteeship authorities

The activities of guardianship and trusteeship bodies are regulated, incl. Federal Law No. 48-FZ “On Guardianship and Trusteeship”.

Neither legal nor moral norms give the father the right to withdraw from parental responsibilities after a divorce. But as a rule, the consequence of a break in relations with his wife is also a break with his own children. Cases when, after a divorce, fathers stop helping their children financially, and even hinder their full development in every possible way, are not uncommon. It doesn’t matter what causes such an inappropriate attitude of the father towards his own children - disagreements with the mother, changes in lifestyle, a new family... Unfair performance of parental responsibilities is the basis for depriving the father of his parental rights.

Grounds and reasons for depriving a father of parental rights

Despite the divorce that occurred between the parents, in relation to their children together, the mother and father retain equal rights and responsibilities - from the moment of birth until they reach adulthood.

How rights and responsibilities will be distributed between them after a divorce, they can...

• decide for yourself by concluding
• transfer to the discretion of the judicial authority, which will make a fair decision.

In most cases, children remain to live with their mother, who directly raises and supports them, while the father is responsible for regularly transferring sums of money for the maintenance of the children, as well as meeting with the children, raising them together with the mother, taking part in their development, education, health improvement and treatment, represent their rights and protect their interests. Chapter 12 of the Family Code lists and explains in detail the rights and responsibilities of the mother and father.

What can be the reason for depriving a father of parental rights? Obviously, if he conscientiously fulfills his parental responsibilities, it is inappropriate to apply such a strict measure. The law contains a complete and exhaustive list of grounds for this.

Parental rights can only be deprived of a father whose actions or inactions are directly provided for in Article 69 of the RF IC, and if there is reliable evidence of this.

1. The father shirks parental responsibilities.

This is how the father’s deliberate and malicious failure to pay child support is qualified, which most often becomes the reason for the father’s deprivation of parental rights. This can be confirmed by a court decision or agreement on the amount and procedure for payment of alimony, as well as certificates from the Bailiff Service on the amount of debt incurred and other supporting documents.

It is noteworthy that in the case, the father is not relieved of this responsibility! The debt is not written off from him, but must be paid, like all subsequent payments, until the child reaches adulthood.

• Indifference, loss of interest in the child’s life;
• Ignoring the child’s or mother’s requests for help;
• Refusal to provide moral and physical support;
• Refusal to meet and spend time with the child;

In other words, if after the divorce the father gradually “distanced” and stopped taking part in the child’s life - morally, financially, physically - this gives the mother the legal right to ask the court to deprive him of parental rights. In addition, for leaving children without the means of subsistence they are entitled to, the father may be brought to administrative or criminal liability (Article 5.35 of the Code of Administrative Offenses of the Russian Federation and Article 157 of the Criminal Code of the Russian Federation, respectively).

Note! If the defendant father can prove in court that he did not fulfill his direct parental responsibilities for objective reasons, for example, due to obstacles and opposition from the mother, the court will not deprive him of his rights as a parent.

1. Father abuses parental rights

It is difficult to say what is better - passivity and inactivity described above, or excessive, bordering on criminal, activity of the father, directed against the interests of the child, contrary to children's rights and freedoms, creating a threat full life child.

For example, a father interferes with the child’s full development: attending school, choosing secondary or higher educational institution, treatment, rest and leisure activities. In even more severe cases, it forces the child to wander, engage in prostitution or begging, involve him in other criminal activities, and induce him to use alcohol or drugs.

1. Father is cruel to child

Cruelty can be expressed in the following actions:

• the father uses physical violence in any form: beats, tortures, causes pain and suffering, harms health or aggravates illness, restricts freedom.
• the father exerts moral and psychological violence: insult, negative criticism, humiliation of the child’s honor and dignity;
• the father encroaches on the child’s sexual integrity or commits sexual violence.

The listed actions of the father can clearly serve as grounds for deprivation of his parental rights. The main difficulty is to provide the court with evidence of these actions. Indisputable evidence will be an administrative protocol or a court decision to impose criminal or administrative liability, but witness testimony, audio and video recordings can also serve the case.

1. The father committed a deliberate crime against the life or health of the child, mother of the child, other family members.

A court verdict finding the father guilty of committing any crime directed against the life or health of loved ones (murder, incitement to suicide, causing grave, moderate, minor harm to health, torture and beatings, infection venereal disease or HIV, as well as failure to provide assistance, leaving one in danger and other crimes provided for by the Criminal Code of the Russian Federation) are an unconditional basis for depriving him of parental rights.

1. Alcoholism or drug addiction

Chronic alcoholism and drug addiction are addictions condemned by society. But judicial practice on the issue of deprivation of parental rights of alcoholics and drug addicts is very contradictory.

Even if the father is addicted to alcohol or drugs, this is not necessarily associated with dishonest performance of parental responsibilities towards the children. And only if addiction to drugs or alcohol leads to negative consequences for the child, for example...

• reduction in the amount of financial support or termination of alimony payments,
• use of physical or mental violence against a child,
• lack of attention to the child from the father,
• amoral behavior,

... the court may deprive the father of parental rights - after a comprehensive study of the circumstances of the case.

Thus, the very fact of alcohol or drug addiction is not yet a basis for depriving a father of parental rights.

How to deprive a father of parental rights after a divorce

The main rule: a father’s parental rights can be deprived only in court in a lawsuit. The grounds for this must be legal (according to Article 69 of the RF IC) and proven - first in the statement of claim, then in the trial.

And not everyone who wishes can initiate such a lawsuit. The right to file a lawsuit to deprive a father of his rights is vested in a limited number of persons, including:

• Child's mother;
• Another relative with whom the minor child lives;
• Guardian or trustee of the child,
• Guardianship and trusteeship authority;
• Prosecutor.

Mandatory participants trial The guardianship authorities and the prosecutor will inform about the deprivation of a parent's rights. Even if the plaintiff did not indicate them in the claim, the court itself will notify the indicated persons when preparing the case for hearing and does not have the right to return the claim or create other obstacles on this basis.

The fact that the law directly provides for the involvement of certain officials in court proceedings does not mean that other persons cannot be involved - witnesses, teachers, psychologists, medical workers and other competent specialists, for example, to conduct a psychological examination.

Methods

The only legal way to terminate parental rights is through litigation. No other government agency, physical or entity, except for the court, is not vested with such powers, and any extrajudicial procedure aimed at depriving the father of his rights is illegal.

Procedure

The prosecutor or the guardianship and trusteeship authority should not have any difficulties with the procedure. But if the initiator of the procedure is the mother or other legal representative of the child, serious legal preparation and organization will be required.

What should be the procedure?

1. Contacting the guardianship and trusteeship authority for consultation, analysis of the current circumstances and coordination of subsequent actions;
2. Collection of documents and other evidence of the validity of deprivation of rights.
3. Preparation of a statement of claim;
4. Filing a statement of claim and a package of attachments to the claim in court;
5. Preparation for the trial;
6. Participation in court hearings, substantiation of claims, presentation of arguments, proof of circumstances that are of significant importance;
7. Appealing a court decision or awaiting its entry into legal force;
8. Execution of a court decision.

Each of the above stages of the judicial procedure can cause difficulties for a legally unsavvy citizen. His the main task– competently draw up a statement of claim and document each circumstance indicated in it, so that the expediency of depriving one of the parents of the rights is justified in accordance with Article 69 of the RF IC.

Once the case is accepted for trial, the court will direct the process. But this does not mean that the plaintiff and defendant lose their “leverage of influence” or the right of initiative. Both the plaintiff and the defendant can ask the court for assistance in obtaining documents and other evidence, attracting witnesses, petitioning for the appointment of an expert examination, etc. This is not easy without professional legal assistance. If you need advice, get it free of charge from experienced lawyers on our portal.

Statement of claim

The law does not and cannot have a single and universal sample of a statement of claim for deprivation of a father’s parental rights. But there are rules (Articles 131-132 of the Code of Civil Procedure of the Russian Federation) that determine the form and content of the claim - they should be relied upon when drawing up a statement of claim, taking into account specific individual circumstances.

All circumstances that are relevant to the case must be set out in the claim in full and in detail, in an official business style, without emotionally charged expressions. The plaintiff’s arguments, directly or indirectly confirming compelling reasons for depriving the father of parental rights, must be based on the norms of family law. Each circumstance must be documented.

Structure of the claim:

• Name, address of the court authorized to consider the claim in accordance with the rules of jurisdiction;
• FULL NAME. plaintiff and defendant, registration addresses and actual residence;
• Name of the guardianship and trusteeship authority, address;
• Description of the circumstances of the case: when the marriage was concluded and dissolved, full name. and dates of birth of joint children, place of residence at the time of filing the claim;
• Justification for the requirement to deprive the father of his rights (according to Article 69 of the RF IC): for example, what is the evasion of duties or abuse of rights, how is this confirmed;
• Justification of requirements for the collection of alimony, determination of the child’s place of residence;
• Claims: deprivation of the father's rights, for the collection of alimony, for the choice of the child's place of residence;
• Date of,
• Plaintiff's signature;
• List of attached documents.

The presented sample may be useful for familiarization and use when preparing a claim in the simplest cases. If your case is complex, requiring a competent approach, painstaking preparation, and attention to detail, seek help from professional lawyers. On our portal, legal advice is provided free of charge! Remember that a detailed, convincing and correctly prepared claim is a significant increase in the chances of a favorable outcome for you and your child.

You can submit a statement of claim during a personal visit to the judicial authority at the appointed time, or you can send it by mail (registered mail with a list of attachments). If the court does not find any deficiencies, it will accept the claim for proceedings and set a date and place for the first court hearing, of which the parties will be notified. If the claim turns out to have shortcomings, he will return it to the plaintiff for revision within the prescribed period.

Documentation

The package of documentation that is attached to the claim is formed depending on the circumstances, since in addition to the main documents (copies of passports and marriage or divorce certificates, birth of a child), additional documents are needed confirming the specific circumstances specified in the claim (according to Article 132 of the Code of Civil Procedure RF).

Thus, basic package of documents might look like this:

1. Copies of the statement of claim (number of copies - according to the number of participants in the trial, including the court, parties, prosecutor, representative of the guardianship and trusteeship authority);
2. Copies of the mother's and father's passports, marriage/divorce certificate, passport or birth certificate of the child, certificate of paternity (if the child was born out of wedlock);
3. Certificate of place of residence of parents and child (EDZh - unified housing document);
4. Power of attorney, if the interests of the child are not represented by the mother or other legal representative;

As well as documents confirming the basis for depriving the father of parental rights - depending on the circumstances:

If the father does not pay child support:

• court decision to collect alimony;
• parental agreement on the payment of child support (if a court decision has not been made);
• decree of bailiffs on the application of preventive measures, forced collection of funds for the child;
• certificates of parents' income;
• calculation of alimony debt.

If the father is addicted to alcohol or drugs:

• Certificate from the drug treatment center regarding registration;
• Certificate of completion of rehabilitation treatment;
• Court decision on deprivation of driving privileges for drunk driving;
• Court verdict on criminal liability for the purchase, storage, distribution of narcotic substances;
• Police reports about complaints from neighbors, arrests on the street for drinking alcohol, hooliganism;
• Sign up for work book about dismissal from work for drunkenness;
• Witness statements;
• Other documents.

If the father neglects parental responsibilities:

• Information from preschool institutions, school or gymnasium about which of the parents is involved in the upbringing and education of the child;
• Certificates from a hospital or clinic indicating which of the parents is treating the child and accompanies him during medical examinations, vaccinations, medical examinations;
• Certificates from sports sections, developmental clubs, and study groups about which parent organizes leisure time for the child and attendance at additional classes;
• Testimony from witnesses that the father has not been involved in the child’s life for a long time.

If a father abuses a child, encroaches on his life, health, sexual integrity:

• Certificate from a clinic, hospital, emergency room;
• Written testimony from teachers, educators, and psychologists of the child;
• Witness statements;
• Police report on the call, law enforcement agency’s resolution on the offense committed;
• Court verdict finding guilty of committing a crime against life, health, or sexual integrity;
• The conclusion of a representative of the guardianship and trusteeship authority that a child being with an unscrupulous father is dangerous.
• Other evidence of abuse or abuse of rights.

If the plaintiff cannot collect all the documents on his own (not every institution issues certificates or extracts), a petition for recovery must be attached to the claim necessary documents or data from the guardianship and trusteeship authority, psychoneurological or drug addiction clinic, law enforcement agency, bailiff service.

Procedure

The judicial procedure for deprivation of parental rights begins with the filing of a claim and occurs in accordance with Art. 69-71 RF IC and provisions of civil procedural legislation.

The jurisdiction of cases in this category is the district or city court at the place of residence of the defendant, that is, the father. If, simultaneously with claims for deprivation of parental rights, claims are made for the collection of alimony from the father, the mother can file a claim at her own place of residence.

The following must take part in court hearings:

• The plaintiff (for example, the mother, guardian or custodian of the child) and the defendant (father);
• Guardianship and trusteeship authorities (at the place of residence of the child and/or parents);
• District/city prosecutor.

A court hearing involves the court examining the claim (as well as a counterclaim or recognition of claims by the father) and documents that serve as evidence of the circumstances set out in the claim, listening to the parties, considering petitions, and requesting additional evidence. Both the parties (plaintiff and defendant) and the court can call witnesses to the court hearing - persons whose testimony can confirm or refute the stated arguments.

A child who has already reached 10 years of age can also be heard by the court on issues relevant to the case.

Regardless of the grounds for the claim, the court must instruct the guardianship and trusteeship authority to study the case and provide the court with an opinion on the advisability of depriving the father of parental rights.

If during the trial the court explicitly or indirectly discovers that the parent deprived of parental rights has committed criminal acts (usually beatings, crimes against the sexual integrity of the child), the court notifies the prosecutor, who, in turn, must take measures to bring the perpetrator to justice.

The court decision to deprive the father of parental rights is sent to the civil registry office within 3 days to enter information into the civil registration books. The plaintiff does not have to take any measures for this.

Expenses

According to clause 15 of clause 1 of Art. 333.36 of the Tax Code of the Russian Federation, when filing a claim in the interests of a minor child, the plaintiff is exempt from paying the state fee.

But after the claims are satisfied by the court, the state duty is collected from the defendant in the amount of...

• 300 rubles - for a claim for deprivation of parental rights;
• 150 rubles - for a claim for alimony payment.

Some courts require plaintiffs to pay a state fee when filing a claim for deprivation of parental rights, which is illegal. If such a situation arises, ask the court to issue a written refusal to accept the claim, and then appeal it to a higher court. For detailed advice, you can contact the lawyers of our portal.

Deadlines

According to Article 154 of the Code of Civil Procedure of the Russian Federation, civil cases are considered in court within two months after filing a claim. But in reality, the period will most likely drag on significantly, and the duration of the trial can be predicted in advance only by knowing all the individual details of the case.

The period for consideration of the case will also be affected by such a significant factor as the father’s consent or disagreement to the deprivation of rights:

• If the father does not agree with the deprivation of rights and makes every effort to prevent this, a serious adversarial process awaits, which will not only require a lot of effort, but will also take a lot of time. But on the other hand, the father’s responsible appearance at all court hearings will allow the case to be quickly considered without postponing the hearings.
• if the father does not come to court hearings, this will simplify the trial process, since it will indicate complete absence interest in the child and will become additional evidence in favor of the mother. But on the other hand, the father’s failure to appear at the court hearing will cause the trial to be delayed, since the court will take measures to find the defendant and postpone court hearings.

How long does a decision to terminate parental rights last? There are no deadlines specified in the law deprivation of rights occurs indefinitely. If the father does not want to appeal the court decision or subsequently does not try to restore the lost rights (according to Article 72 of the RF IC), it is considered that he is deprived of them for life.

Arbitrage practice

The law does not indicate that the father and mother must be divorced in order to deprive one of them of parental rights. However, ending all relationships between the child's parents before the mother initiates legal proceedings against the father demonstrates that her intentions are considered and serious.

To deprive a father of his rights to a child, the conditions:

• legal basis (an exhaustive list of grounds is contained in Article 69 of the RF IC);
• reliable evidence of these grounds.

Judicial practice in cases of this category, as a rule, develops as follows:

1. If there are compelling reasons that are supported by sufficiently convincing evidence, the court deprives the father of his rights.
2. If the mother's arguments are not convincing, or the father convinces the court of his intention to improve, the court rejects the claim and issues a warning.

Cases of deprivation of parental rights are always complex, take a lot of time, physical and mental strength, and also require serious legal knowledge and readiness for the procedure. To achieve a positive court decision, it is not enough to simply file a lawsuit. Due to the heavy workload of the courts, pre-trial preparation is often not given due attention, and the course of the proceedings will largely depend on the initiative and activity of the plaintiff. It is necessary to do the preparatory work, collect all the documents, enlist the support of the guardianship and trusteeship authority, obtain the necessary information from teachers, psychologists, doctors, and find other witnesses who can confirm the obvious circumstances.

If the child is over 10 years old, it is important to have a conversation with him, make sure that he also wants to end the relationship with his father, and prepare him for the judicial procedure, in which, most likely, he will take a direct part.

And the most important thing is to find a competent lawyer who will accompany the case and help you from the beginning to the end of the process.

Consequences of deprivation of parental rights of a father

Cases of deprivation of parental rights are always complex, taking a lot of time, financial resources, and effort. Is the result achieved worth such efforts? The consequences of depriving a father of parental rights are truly significant, one might even say fateful, for all areas of the life of the child and parents.

To put it in a nutshell: the father, deprived of all rights to the child, still bears responsibilities to his son or daughter. If we expand the wording of the legal consequences of deprivation of parental rights, they are as follows:

1. The child will no longer need permission from the father to travel abroad, and the father will also not be able to arbitrarily prohibit a foreign trip;
2. The child and mother can change their place of residence without notifying the father;
3. The father loses the right to take any part in the child’s life - in the field of education, treatment, development, leisure and recreation;
4. The child is not obliged to meet or maintain a relationship with his father - in person, by phone, through Internet services;
5. The child will continue to receive cash payments from the father until adulthood;
6. The child is freed from the maintenance of a disabled and indigent father in the future;
7. The child remains the heir of the first priority by law after the death of the father;
8. The father is deprived of the right to inherit property after the death of the child;
9. The child may be adopted or adopted.

These are the main and most important consequences, both for children and mothers, of depriving a father of his rights to a child. In fact, the consequences are much greater than can be formulated here - the legal and moral connection between father and son or daughter completely ceases, and this cannot but affect the entire spectrum of life.

Alimony

We mentioned above that non-payment of alimony (long-term, intentional, reliably proven) is one of the most common grounds for deprivation of parental rights, which, as a rule, is combined with the father’s complete indifference to the life of his son or daughter.

But, paradoxically, depriving a father of rights to a child does not exempt him from fulfilling parental responsibilities, including the obligation to support the child until adulthood.

The father is obliged not only to pay off the entire alimony debt that has arisen, but also to continue regular payments determined by the parental agreement or court decision. The amount of regular payments will remain the same - according to a court decision (not related to the deprivation of parental rights, for example, a divorce) or a parental agreement.

If a court decision on the payment of alimony has not previously been made, and a parental agreement has not been concluded between the mother and father, the mother (or other legal representative of the child - guardian or trustee) must indicate in the statement of claim not only the demand for deprivation of the father’s parental rights, but also request for alimony.

The amount and procedure for child support payments do not depend in any way on whether the father has parental rights or has already been deprived of these rights. As a rule, alimony is collected in the following amounts:

• With official earnings: a quarter for one child, a third for two, half for three or more;
• For unofficial or irregular income, a fixed amount is a multiple of the minimum subsistence level in the child’s region of residence.

Since court decisions to collect alimony must be executed immediately, obtain performance list it will be possible immediately after the end of the process, without waiting for the end of the 30-day period to appeal the court decision. Payments will begin to arrive from the moment the writ of execution is handed over to the bailiff or accountant of the organization where the paying father works.

Why can parental rights be deprived? This question has always remained relevant. What does Russian legislation say about this procedure? On what basis is it produced and how is it formalized? All these questions will be answered in the article.

General characteristics of the process

The most severe legal measure that can be applied to parents (or one parent) is deprivation of the rights to raise a minor. This measure is aimed at prohibiting the implementation of educational processes in relation to one child.

A citizen is always deprived of parental rights for an indefinite period. Thus, the court is not able to issue a decision according to which the parent will not be able to carry out educational functions for a certain period of time. Deprivation of parenting rights is always indefinite.

A parent who is legally deprived of his rights to raise a child does not lose his responsibilities for his maintenance. Such a citizen must still provide for his offspring - as a rule, financially (by timely payment of alimony).

Restriction of rights

Deprivation of parental rights should not be confused with their restriction. How are these two concepts different? Limiting the rights to support and raise a child is a precautionary measure for parents who need time to “correct.” As a rule, the restriction of rights does not depend on the actions of the parents themselves. For example, a mother or father may become seriously ill, acquire mental disorders, being far from the child without the opportunity to return to him, etc. Guardianship and trusteeship authorities carefully monitor the parents (or one parent) and their behavior. As soon as the citizen fully recovers, the restriction will be lifted.

Restricting the rights to support and raise children is a rather unique procedure, and therefore is rarely used in Russia. Next, we will talk about the procedure for depriving parental rights, as well as the reasons for initiating this procedure.

Failure to fulfill duties

Why can parental rights be deprived? Russian legislation establishes several main reasons why any citizen can be deprived of the right to raise a child. The first thing worth highlighting is the banal failure to fulfill parental responsibilities.

If the father or mother ignores at least the basic needs of the child, such as food, clothing, hygiene, medicine or health care, then it is quite obvious that the parent should lose his rights to raise the child. This also includes those cases when a parent constantly involves his child in harmful situations - drunkenness, drug addiction, immorality, disrespect for older people, etc.

A child should not stay in a family where, for example, the mother is an alcoholic and the father is a drug addict. This will have a detrimental effect on his future life. Separately, it is worth highlighting paragraph 1 of Art. 69 of the RF IC, which indicates deprivation for non-payment of alimony, which also applies to failure to fulfill obligations.

Abuse of parental authority

The Russian Family Code also stipulates one more circumstance, namely, the abuse of rights to raise a child. What exactly are we talking about? - This is always the exploitation of a child. This may include forcing people to engage in prostitution or begging, forcing them to drink alcohol or narcotic drugs and other violent acts. Any parent who chooses to communicate with their child through violence and cruelty should be deprived of child support rights. The court is obliged to respond to such manifestations in a timely manner, otherwise the pressure on children will become systemic and will soon turn into direct exploitation of the child.

Unfortunately, it can be very difficult for law enforcement agencies to prove the guilt of parents under the circumstances presented, and therefore a decision in the form of deprivation of parental rights is made quite rarely. Much more often, the rights to raise children are simply limited.

Parental abuse of children

Art. 69 of the RF IC enshrines one of the most common reasons for deprivation of parental rights. We are talking about the use of violence against a child. Violent actions can be not only physical, but also psychological in nature. If the courts can prove that the child’s injuries were caused by his own ancestors, then the deprivation of parental rights will occur immediately. The same applies to mental violence. A child who is often threatened, whose will is suppressed, often begins to behave inappropriately. Law enforcement agencies will have to prove that the intentional imposition of threats, fear or intimidation was carried out by the parents.

If parents did not prevent physical or mental violence against their child, then a restriction of parental rights may be applied to them under Article 73 of the Family Code of the Russian Federation.

Severe forms of addiction

Parents who are drug addicts or parents who are alcoholics will definitely not be able to raise a child well. Moreover, it is simply dangerous for children to be in families where their parents are only concerned about getting a new dose. The Family Code of the Russian Federation ("Deprivation - Article 69") does not provide a clear distinction between, for example, alcoholism and drunkenness. To deprive or not to deprive parental rights - such a question applies only to law enforcement officials.

It is worth noting that there is a huge difference between alcoholism and drunkenness. Drinking, of course, involves drinking alcohol regularly. But if this circumstance does not in any way harm the optimal upbringing of the child, then cases of deprivation of parental rights will most likely not be initiated.

Abandoning a child and committing a crime

Abandonment of a child in the maternity hospital may be due to various reasons. So, if the mother has a disability, is seriously ill, or simply does not have housing, then the refusal to take the child with her will not be taken into account. And at the same time, a parent who leaves the child in the care of the state without good reason will certainly lose the rights to raise. This is especially true for those mothers who do not even try to place their child in the appropriate government institution, but simply abandon him in the maternity hospital.

Another reason for deprivation of parental rights is the commission of a crime against a spouse or child. This includes violence, murder, attempt, incitement to suicide, as well as inaction that led to the death of a family member.

Why can a person’s parental rights be deprived? As is already clear from the reasons presented above, for any actions or inactions that in one way or another cause harm to the child. Next we will talk about how to deprive a citizen of parental rights.

Who can initiate a question?

To start the process of depriving the right to raise children, someone's initiative is needed. Who exactly can initiate the issue of deprivation of rights to raise children in accordance with the legislation of the Russian Federation? The existing regulatory framework regulates a rather limited circle of persons. In particular, it is worth highlighting:

• one of the parents (father or mother);
• legal guardian or guardian;

• heads of the guardianship authority, shelter, orphanage and other organizations for the protection of children's rights;
• prosecutor.

All these persons are capable of drawing up a claim and filing it in court. Other citizens can act as witnesses. It is also worth noting that the opinion of the child himself is also taken into account, but only if he has reached the age of ten.

The father loses his rights

Why can a father's parental rights be deprived? All the main reasons have already been mentioned above. At the same time, the most common and widespread circumstance under which a parent may be deprived of the right to raise children remains evasion of payment of alimony.

The fact of non-payment of alimony must be proven. This is often not so simple; for example, the father may present to the court evidence of his inability to regularly pay amounts of money. For example, a parent may be laid off at work, become seriously ill, become disabled, be registered with the employment service, etc. If the father is nevertheless deprived of parental rights, you can think about going to the cassation court.

There are cases when the whereabouts of the father are completely unknown. Then the court has the right to turn to the police and the Federal Migration Service to provide information about the missing parent.

The mother is deprived of her rights

It is immediately worth noting that it is very difficult to deprive parents. This is a truly extreme measure, which the court resorts to very rarely. The reason for this is quite simple: any child is very attached to his mother, no matter how terrible a person she may be.

The reasons for depriving mothers of the rights to raise a child are the same as for fathers. At the same time, the courts prefer to limit the mother’s parental rights, but not deprive her of the opportunity to raise a child.

The most common reason to deprive a mother of her parental rights - abandonment of the child in the maternity hospital. From a legal point of view, this is a “denial of adoption.” So-called refuse mothers place their child in the care of the state or

The question of why a mother can be deprived of parental rights is very difficult. IN Lately There has been a tendency towards a certain “feminization” of the judicial system: very rarely children remain with their father, and mothers are rarely deprived of parental rights. Whether this is good or not is a moot point. For example, during a divorce, the court prefers to “give” the child to an irresponsible mother rather than to a wealthy and respectable father. All such decisions depend only on the judges, and therefore it will not be possible to refer to any specific law here.

Where to contact?

Having examined all the main reasons for deprivation of parental rights, it is necessary to pay attention to the very procedure of the process under consideration. Where should you go if you want to initiate the issue of depriving a particular citizen of parental rights?

If there is evidence of violent acts, you should contact law enforcement. Specialists will record the damage and conduct an inspection. If we are talking about non-payment of alimony, you will have to contact bailiffs. Guardianship and trusteeship authorities will help bring the parent to administrative or criminal liability, and record the fact of alcoholism or drug addiction. If we are talking about dysfunctional family, then the local prosecutor should take over the case.

Filing a claim

It is worth talking in a little more detail about what constitutes a claim for deprivation of parental rights filed in a district court.

The application form is always written. Since neither the Family Code nor the Civil Code establishes any clear pattern, you can fill out the application in any convenient way. In this case, the following points must be present in the claim:

• full name of the court to which the plaintiff is filing the application;
• information about the plaintiff himself (who he is, date and place of birth, where he works, etc.);
• information about the defendant (about the person who needs to be deprived of parental rights);
• detailed requirements of the applicant and citing facts of violation of rights (violence, evasion of alimony, exploitation, etc.);
• list of documents attached to the claim.

The claim must be signed by a legal representative and then sent to the district court.

Legal consequences

Having dealt with the question of how to deprive a citizen of parental rights, it is worth paying attention to the consequences of the trial. The issue of the consequences of deprivation of parental rights must be considered from two positions: the child and the parent. Here's what the baby can expect:

• possible adoption only six months after the entry of a legal decision to deprive parents of their rights;
• full preservation of the right of inheritance or use of all property of the parents.

Here are the consequences that await parents:

• transfer of the child to the mother or father for the child’s further residence and upbringing; if both parents are deprived of their rights, the child is sent to the guardianship and guardianship authorities.
• a parent deprived of the right to raise a child is not deprived of the obligation to support him;
• a parent deprived of the right to raise a child may be evicted from the apartment by court decision.

Thus, the procedure for depriving parental rights in Russia is structured quite competently and thoughtfully, although it requires some legal additions.