Can parental rights be terminated if. How to deprive the father of a child of parental rights and is it worth it? However, general advice can be given.

Life situations and collisions can unfold in such a way that the participation of the father in the upbringing will negatively affect the baby and his subsequent life.

For example, if the father is a chronic drug addict or alcoholic and does not try to fight his illness, because everything suits him. Or he is an inadequate person who cannot control his emotions and in fits of anger can hurt defenseless children and his wife.

There are also frequent cases of child abuse, sexual harassment, moral suppression of the child, ignoring his needs, etc.

In these and some other situations it is necessary to take adequate measures. It is necessary to protect the child from the harmful influence and the danger that threatens him. A well-founded question arises before the mother or guardian: how to deprive the inadequate father of the child of legal parental rights?

After all, only by depriving the rights of the father, you can completely stop his further communication with the child. And the latter has a chance to grow up in an environment favorable for the development and formation of the personality.

This article is devoted to consideration of this issue.

You can deprive your father of parental rights under different life circumstances. It can be done if:

you are married or already divorced;
the father does not pay or pays alimony (You can find out more about this);
he agrees or disagrees with the deprivation of rights;
he is in prison or is free, etc.

Each individual case has its own legal nuances. A professional lawyer can always advise on how to deprive the parental rights of the failed father of a child specifically in your life circumstances. In general, you should understand one thing: the problem is always solvable. Do not waste time and bring the situation to a standstill just because you do not know something or are afraid. Study the issue, enlist the support of a lawyer - and everything will definitely work out in your life and the life of your child.

How to deprive a father of legal parental rights without his consent?

Deprivation of rights is possible exclusively and only (and always) through the court. The consent of the father is not required for this: it will not affect the decision of the court in any way. First, make inquiries to various authorities and prepare the evidence base. Then draw up a lawsuit and file a lawsuit at the place of residence of the father.

How to deprive the legal parental rights of the father of a child without his consent, if his place of residence is unknown? We must take action and try to find him.

If you are unsuccessful, you may file a claim at the last address known to you (or others) of the defendant's residence. If you file a paternity claim along with a child support claim, the case will be handled at your place of residence.

How to deprive the parental rights of the father, if he agrees?

Voluntary renunciation of paternity is not provided for by law. A man cannot be deprived of these rights on his own initiative. Deprivation of paternity is possible only in case of serious misconduct on his part in relation to the child. And the initiator of such a deprivation can be: a mother, a guardian / trustee, the prosecutor's office, guardianship authorities, other organizations whose competence is the protection of the rights of minors.

The procedure for deprivation will be the usual, through the courts. At the meeting, the father can say that he agrees to the deprivation of rights. But the court makes a decision based on the existence of grounds for this, and taking into account the conclusion of the guardianship authorities. Deprivation of paternity is a serious step. Therefore, the court will most likely restrict the father's rights first.

If the mother initiates the filing of a lawsuit, and the father tells her that there will be no problems: he agrees, and will confirm this in court, she should not deceive herself. You can't relax and not prepare for the trial. The unreasonable position of the plaintiff in cases of this category is doomed to failure, even if the defendant agrees with it. It is necessary to find real reasons and collect all the necessary evidence. Then the case will be decided in your favor.

Deprive father of parental rights: where to start?

The first and one of the most significant stages is pre-trial preparation. First, you must contact all possible authorities to collect evidence. Let's figure out where to apply in each case, and what documents you should receive.

If your spouse has committed a crime, you must apply to the court for a copy of the court verdict. It will indicate the composition of the crime, what harm has been done, as well as evidence of the defendant's guilt.

You can contact law enforcement agencies and request copies of decisions on administrative offenses committed by spouses. Take a certificate of all calls to the police at home. You can try to take a characterization of the personality of the spouse from the district police officer.

If you need a certificate of maintenance debt, contact the bailiffs where your enforcement proceedings are open. From them you can additionally receive copies of documents on an administrative fine for evading payment, and even on criminal liability.

Contact all possible authorities so that the court can see the characteristics of your spouse’s personality not only from your words. Take testimonials from teachers, caregivers, neighbors, testimonials from several jobs, etc.

One of the most important steps is to get the support of the guardianship authorities. To do this, write a request for verification. They examine the child's living conditions, find out what kind of relationship the parents have with the child, the material status of family members and their ability to support the child, etc. In their conclusion, the guardianship authorities can confirm that the further residence of the child with the father poses a real threat. Then the court will decide on the eviction of the father without providing him with housing.

What does it take to terminate a father's legal parental rights?

When you have collected the evidence base, it's time to file a claim. In the header, indicate the name of the district court, the plaintiff in the case (child), his representative (second parent or guardian), the defendant. It is necessary to indicate the date of birth, place of work, address of residence, contact numbers.

In the middle, write the name of the claim (what it is about), and the text itself. According to the text, it is necessary to set out in dry legal language all circumstances and facts significant for making a decision, and provide supporting documents and other evidence. In the interrogative part, indicate your requirements with reference to the norms of the law that regulate these issues. Make a list of attached documents. At the bottom, put the date and signature.

When the claim is ready, you need to file it in court. This can be done in three ways:

through the office of the relevant court;
send a letter with notification;
give directly to the judge at the reception.

The latter method is preferable, because the judge will review the package of documents and tell you what evidence is missing, also already at the stage of accepting your claim, the judge can issue you a court request so that you can obtain a number of evidence that, at your simple request, or even Authorized bodies are not in a position to provide a written request.

This applies, for example, to the characteristics of children from educational institutions or from public clinics. Often, educators, teachers or even the attending physicians of children are not at all opposed to writing the necessary characteristic for you and without unnecessary requests and red tape, but, for the reason that the court accepts only properly executed documents, certificates and characteristics (which means certified by signatures and seals ), then the simple explanation of the class teacher or the child's attending physician without the necessary stamp is most likely not to be accepted by the court. In order to be able to affix all the necessary seals and signatures of officials to the explanations, as a rule, an official judicial request is required.

After receiving court requests, court clarifications regarding inaccuracies in your claim (if any), you can receive a subpoena to appear at the preparation of the case for trial.

While this stage of the process is often overlooked and even considered insignificant, we strongly encourage you to take the time to come to prepare your case for the hearing.

Firstly, this will allow you to immediately, even before the meeting, transfer to the judge the additional evidence you have received.

Secondly, this is another additional opportunity for you to receive the necessary requests for information, for example, about the absence of the defendant in the life of the child, the presence of alcoholism, or the opportunity to request the necessary order or court verdict.

Third, most likely already at this stage you will be able to find out the reaction of the defendant, get his objections, which means that by the meeting itself, you can be fully armed.

Fourth, you already at this stage will establish yourself as a responsible person, strongly interested in the outcome of the process.

After the preparation of the case, the court session itself will be scheduled directly. As a rule, it is appointed no earlier than two to three weeks after the preparation. Such a period is given so that all the necessary procedural actions are successfully carried out and completed, as well as in order to notify all persons participating in the case during this time.

On the date of the court session itself, you need to appear in court at the appointed time, bring with you all the available documents-evidence, possibly some new information that has appeared, be sure to prepare and call with you witnesses whom the court can interrogate in the courtroom on the issue of known them the circumstances and facts of your case.

The meeting itself will be held with the obligatory participation of the guardianship authorities, as well as the prosecutor. These persons are called to court in order to check whether the rights of the most important participant in the process, a minor child, are violated. On this issue, officials may provide their opinion, give explanations to the court, and also ask questions to all persons participating in the case. It doesn't matter if it's plaintiff, defendant or witness.

When presenting a position, it is important not to go far from the essence, but to speak clearly, understandably and to the point. It is advisable to confirm the actual data immediately and by the norms of the law, do not forget to tell about all the important details, the main thing is that your position looks more reasonable and significant.

Don't be afraid to ask the respondent direct questions about the child. It is also advisable to prepare a list of questions for the counter-side in advance so that at the most crucial moment, as often happens, everything important and necessary does not fly out of your head.

After the case and all its aspects are considered, as well as the opinions of persons authorized to protect the rights of the child on the issue of deprivation of rights are heard, the judge will retire to the deliberation room and, based on the materials of the case, the speeches of the persons, as well as the norms of the law, will make a decision.

What is required at the trial stage? State your position, ask the defendant questions, answer questions from the court, prosecutor, guardianship authorities and the defendant.

After the decision is made, if you disagree with it, you need to challenge it. If you agree, wait for the entry into force. After that comes the execution stage.

How can legal parental rights be terminated?

The procedure for deprivation of paternity is mentioned above, read about the grounds below. And now let's take a look at this moment: when to deprive paternity, before a divorce or after? Your relationship with your husband does not affect his relationship with the child. Therefore, the issue of deprivation of rights is resolved regardless of whether you are divorced or officially still married. The only difference will be that in the event of a divorce, you need to attach a copy of the divorce certificate to the statement of claim.

How can parental rights be terminated after a divorce? Through the court, on general grounds. When you divorced, he stopped being your husband. At the same time, he did not cease to be a father: he still has rights and obligations in relation to joint children. The fact that he may not live with you should not affect the father's desire to spend time with the child and participate in his upbringing. A good father will continue to visit the child and communicate with him in any way. And if he does not need a child, he will justify his indifference by the fact that he moved. If the father does not live with you, file a claim at his new place of residence.

Why can a father be deprived of legal parental rights?

The sixty-ninth article of the family code contains a list of grounds for deprivation of paternity. It cannot be supplemented, but one must know how to correctly interpret this or that legal wording. Usually such clarifications are found in the decisions of the plenum of the Supreme Court. If, after reading it, it seems to you that none of the grounds fits your situation, do not rush to draw conclusions. In this matter, it is better to consult a professional lawyer.

Why can a father be deprived of legal parental rights? It could be:

unwillingness to support the child financially;
evasion of payment of alimony ordered by the court for six months or more;
lack of concern for physical, spiritual development, learning;
groundless refusal to pick up a child from a kindergarten, school, hospital, maternity hospital, and other similar institutions;
abuse of rights when decisions regarding a child are made to his detriment (for example, when disposing of children's property);
inducing a child to commit crimes (theft, prostitution, begging, pornography, etc.);
infringement on his sexual integrity;
inclination to drink alcohol, use drugs;
abuse: beatings, bullying, constant insults, exploitation, ill-treatment, any humiliation, neglect, etc. All of these methods must pose a threat to the mental or physical health of the baby;
chronic alcoholism, drug addiction;
committing crimes against the second spouse or child that threaten their life or health.

You can read more about the interpretation of the grounds listed above, and about what documents they need to be confirmed in the section - Grounds for depriving parental rights.

The most common reasons for depriving a father of parental rights.

The reasons for depriving a father of parental rights in each case can be completely different, but the most common are usually the following:

1. Father's drug or alcoholism.

Drug addiction, like alcoholism, is a very serious disease that cannot contribute to the creation of a normal atmosphere for raising a baby in a family. Often, drug addicts and chronic alcoholics no longer care about anything in life except themselves and satisfying their harmful needs:

does not work;
steal money from home;
arrange constant scandals in clouding the mind with a child;
without controlling themselves, they can cause both psychological and real physical harm to the child.

But there is another side:

A drug addict or alcoholic father simply leaves and disappears forever, forgetting that he has obligations to children.

For the above reasons, deprivation of rights is a reasonable, and often necessary, measure to protect the rights of children.

2. Evasion of payment of funds for the child.

This ground is very common in the practice of considering cases of the category of deprivation of rights, but for its application it is necessary:

preliminary appeal to the court with a request to request alimony from the father;
receiving court documents and presenting them to bailiffs;
initiation of enforcement proceedings on your application;
prolonged and malicious evasion of payment of funds for the baby;
receiving an official calculation of the debt.

When you have completed these procedures and there is a real, officially confirmed debt, you can attach the relevant certificate to your written request and submit documentation to the court.

3. Child abuse.

Cruelty towards the baby, unfortunately, is also a fairly common reason why one has to go to court to deprive the unfortunate father of his rights.

Child abuse can manifest itself in the following ways:

beating a child;
baby rape;
the presence of constant psychological pressure on the child;
inflicting actual physical injury on a child;
application to the child of such methods of education that are not permissible by law and morality;
constant humiliation of the child;
other possible manifestations of cruelty that can cause moral, psychological or real physical harm to the child.

4. Self-removal from the life of the baby.

This is also one of the most common causes in practice. A certain vagueness of the wording, on the one hand, provides the applicant with a certain freedom in proving, on the other hand, this ground is most difficult to confirm in court.

So, the elimination from the life of a baby can be expressed as follows:

in the absence of assistance in education;
in the absence of assistance in training and accustoming to work;
in the actual disappearance from the life of the child;
in avoiding communication with the child through personal meetings, as well as telephone conversations;
in the absence of any material assistance;
in the absence of concern for the health of the baby.

As a rule, to prove this you will need:

certificates from the school / gymnasium and characteristics;

certificates from kindergarten and characteristics;

certificate from the clinic;

certificate from additional circles and classes;

testimony of witnesses;

conclusion of a psychologist;

alimony arrears.

These reasons are most often used in practice, and they can be applied:

separately;
in its entirety.

But keep in mind that if you refer to several grounds at once, then you will have to prove all the grounds and collect the necessary number of documents for the provability of all the facts you specified.

How to terminate the legal parental rights of the father of an alcoholic?

If a child is brought up in a family where the father constantly drinks, this greatly affects his mental health. The child must be protected from unfavorable influence. Therefore, many mothers face the question, how can one deprive the legal parental rights of an alcoholic father?

Chronic alcoholism is one of the legally established grounds for deprivation of paternity. This disease requires documentary evidence. It is best if the father of the child is registered with a narcologist. If he was undergoing treatment, you can take the certificates of the attending physicians.

Admissible evidence will be the testimony of witnesses (caregivers, teachers, neighbors, relatives, etc.). You can take characteristics from one or more places of work. Perhaps he was fired "for drinking" under the article - then an extract from the work book will do.

If you had to call the police when your spouse was intoxicated, he probably underwent a compulsory medical examination. The protocols and resolutions on administrative violations must indicate that he was in a state of intoxication. Take copies and attach them as evidence.

How to deprive a father of parental rights if he drinks? If you prove to the court the very fact of alcohol addiction, will this be enough to deprive paternity? No. When witnesses testify, it is very important to show the court that the father does not just drink, but causes physical and / or mental suffering to the child.

Show the danger that a drinking father carries for a child. If there is no causal link between alcoholism and the suffering of the child, the court will consider your arguments unfounded and dismiss the claim.

If you still have questions about how to quickly and effectively deprive your father of parental rights, call us at the numbers listed in the Contacts section, and we will tell you the right answer!

Phone consultation is provided by our specialists for free!

More information about the cost of services for the preparation of documents and participation in court hearings can be found in the section - Prices.

We will help you to deprive your father of parental rights legally as soon as possible. After all, only we specialize in Moscow on this legal issue and we have accumulated the most extensive experience in handling such cases in court.

Call us and we will advise you for FREE!

There are situations in life that force a mother to start looking for an answer to the question: how to deprive a father of parental rights to a child? This category of cases is very complex, primarily because the interests of the child are seriously affected. Guardianship authorities are involved in resolving the issue. The prosecutor also takes part in the process. Naturally, one cannot do without a qualified lawyer specializing in such cases.

Frankly, the courts don't like to hear forfeiture cases. Firstly, because judges have a serious responsibility of a moral and psychological nature, because in such cases destinies are really decided. Secondly, deprivation of rights, as the law indicates, is an extreme measure. The judge considering the case on the merits may determine, for example, that there are grounds for applying “sanctions”, while the court of second instance may consider that there are no grounds for deprivation. It's all pretty subjective.

Grounds for deprivation

Meanwhile, certain grounds for deprivation of rights are prescribed in the legislation. However, they are not clear enough. Their list is as follows:

The father does not interact with the child in any way: he does not care for him, does not take part in the upbringing, does not provide the necessary.
The father does not pay alimony, and not only does not pay, but evades paying them, although he has the opportunity to pay.
Abuses rights.
Performs child abuse. Any violence is implied: psychological, physical, sexual.
The father is a chronic drug addict or alcoholic.
The father is guilty of an intentional crime against the child or his mother.

As you can see, the reasons are quite serious. Some of them are quite clear. The existence of others cannot always be proven. The third is very vague.

Deprivation procedure

In order to initiate a deprivation of rights case, it is necessary to apply to the court with a claim. In many sources, you can find information that the claim should be filed with the court that serves the address of registration of the defendant - the father of the child. Actually this is not true.

Indeed, the Code of Civil Procedure of the Russian Federation establishes that, as a general rule, a claim must be filed with the court at the place of residence of the defendant. But, there is an exception here. A minor lives with his mother, she protects his interests, therefore, an application to the court can be sent to the place of residence of the plaintiff.

The plaintiff must prove that there are grounds for depriving the defendant of rights. And for this, firstly, you need to collect the relevant documents:

birth certificate of the child;
marriage or divorce certificate;
a certificate from the place of residence of the minor;
other written evidence confirming the existence of any of the above grounds for deprivation.

In addition, it is necessary to petition for the summoning of witnesses to the court. The fact that guardianship authorities and the prosecutor are involved in the consideration of the case contributes to making a decision. However, there are cases when the guardianship authorities "go too far", insisting on the deprivation of rights in those situations where there are no grounds for deprivation or they are very shaky.

Options for the development of events

The court does not always deprive the rights of fathers. Sometimes, parental rights are limited by the court. Thus, the "useless" parent is given a chance to correct. In many cases, fathers acknowledge the claim and voluntarily waive their rights. The best option is mutual consent, when the father understands that the mother of the child is building a new family and it is better to stop communicating with her son or daughter. On the other hand, the brain can understand that it is worth giving up your rights to the child, but is it possible to order the heart?

Consequences

What gives disqualification? It certainly gives a certain peace of mind to the parent left with the child. After all, the father can simply be forbidden any communication with a minor.

Besides:

Any possibility of financial claims from the father is eliminated. He will not be able to demand payment of alimony if he becomes disabled, he will not receive an inheritance after the child. For him, also, all benefits become invalid.
Lost and "immaterial" connection. The father will not have the right to communicate with the child, educate him, etc.

It is worth emphasizing that the child retains all his “material” rights: to receive alimony, to inherit, to live in a room belonging to the “deprived father”.

It is possible that it is worthwhile to engage in the procedure for depriving the rights to a child. But the mother who started this business needs to think ten times so as not to ruin the life of her child, and even herself, to some extent.

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How to deprive a father of parental rights? Unfortunately, this question often arises in many families. Women have to fight the arbitrariness of the head of the family in radical ways, but there is simply no other way out when the life and health (both physical and mental) of a beloved child is threatened by a domestic tyrant. The procedure for depriving one of the parents of the rights is complex and has a large number of bureaucratic delays. That is why it is so important to know all aspects and nuances of future litigation. If you can't afford the advice of a professional lawyer, be sure to read the tips below.

What should every parent do?

To ensure that no one can challenge your parental rights and responsibilities, you need to take care of your child properly. What exactly does the legislation of the Russian Federation require from mothers and fathers in relation to their beloved offspring? The main postulates, as a rule, look like this:

health care;
development of the child in the psychological, moral and physical field;
provision of secondary education;
representation of rights;
protection of interests.

Initially, it was established that both parents indicated in the birth certificate have equal rights and responsibilities for raising a baby from the moment of his birth until the age of majority. The specified period may be reduced if the child is recognized as fully capable before the age of eighteen (married, working from the age of 16). If the mother of a minor notes that the father negatively affects the condition and health of their common offspring, it will be her task to ensure the protection of the interests of the child.

The main reasons for restricting the rights of a parent

First of all, it should be noted that it is quite difficult to deprive a father of his rights to raise a child, the reasons for such an event must be really serious and not cause doubt in the court. Among the most realistic grounds for a positive resolution of such a dispute are the following prerequisites:

regular evasion from payment of alimony for raising a child;
use of parental rights for any mercenary and illegal purposes;
violence of a physical or psychological nature against a minor;
sexual violence against a child;
alcohol or drug abuse;
an attempt on the life and health of the other parent;
an attempt on the life and health of the minor;
refusal to perform direct parental duties;
refusal to take a child from a maternity hospital, medical or educational institution without serious circumstances.

Any basis you plan to rely on must be supported by the appropriate set of documents, only then can you send a formal application to the court. The deprivation of the father of parental rights must be supported by relevant original documents. Otherwise, the case will not even be considered. Let us present a detailed list of necessary actions in several specific cases described above.

What to do if violence is committed?

How to deprive a father of parental rights if he raises a hand against a child? Such an offense on the part of the head of the family, of course, is a very serious reason for a ban on his communication with the baby in the future. To begin with, you are advised to calm down and continue to make the most informed decisions, without emotions.

The first institution you will need to visit is a hospital or clinic. Medical workers will record the inflicted beatings and issue an appropriate certificate. In addition, the baby will be provided with the necessary assistance, perhaps even a psychological one.

This document (certificate) must be submitted to the police along with a statement of claim. Having studied the submitted papers, law enforcement agencies have the right to refuse to initiate a case or, conversely, to give it a go. In case of disagreement with the decision adopted by them, you can always challenge it in higher instances. If the responsible persons decide that a crime has taken place, an investigation begins. Upon completion of the investigative actions, the found evidence of guilt or its absence is transferred to the court.

What to do if you don't want to pay child support?

A lawsuit for the deprivation of parental rights of the father can also be filed if the man evades the obligation to support his child, that is, to pay alimony. Do not forget that the father must provide for the minor offspring, regardless of whether the official marriage with the mother of the baby is terminated or not. If for several months a woman does not receive money for food, clothing and other basic needs, then she has the right to contact the bailiffs to resolve such an issue. You should know that it is quite difficult to prove the fact of non-payment of finances, so it is recommended to be patient. To resolve this issue, you will need to prepare the following official documents:

writ of execution on imposing a penalty;
debt certificate.

It is also extremely important to find out if the parent is hiding part of his income by deliberately lowering his salary or not formalizing his work activity. In this case, a negligent dad can easily be brought not only to administrative, but also to criminal liability, because such actions are classified by law as illegal and criminal.

What to do if a parent has addictions?

Drug addiction and alcoholism is a real scourge of our time, every year more and more people plunge into the abyss of addictions, forgetting about their real life and responsibilities in it. A person who lives for the sake of alcohol or drugs cannot be accountable for his actions and absolutely cannot raise underage children. In this case, the deprivation of parental rights of the parents (parent) will be carried out on the basis of medical documents and certificates from the place of work or study with negative characteristics confirming the presence of addictions.

Instructions: how to proceed?

Before you apply with a package of documents to the court, do not forget to visit. They will ask you for a list of papers that must be submitted without fail. Among other things, staff will likely conduct a background check and assess living conditions at the place of residence of both the father and the child. For children over 10 years old, there is an opportunity to express their own opinion about the desire or unwillingness of being together with a parent.

The next stage is the submission of documents and applications to the court. During the hearing of the case, not only the judge, but also all the same guardianship authorities will get acquainted with the data provided. The decision on the future of the father's rights will be taken collectively by the participants in the process listed above.

Sample list of required documents for the court

What does it take to initiate termination of parental rights? The grounds have been determined, it's time to take care of the documents supporting them. Since decisions of such a plan are made only in the courts, it is she who determines the necessary list of papers. It should be noted that in some cases it can be extended. The basic set includes such documents as:

an application for deprivation of parental rights from a specific person (this may be the child's mother or guardian);
photocopy of the main documents (passport of the applicant, birth certificate of a minor);
an official conclusion from a psychologist based on the results of communication with the child;
documents confirming the fact of evasion or improper performance of duties;
a characteristic from the place of study or work of the applicant, describing him from the positive side;
certificate of income of the applicant, confirming his financial stability;
a certificate of the place of study of the child, as well as a description of his behavioral characteristics and the level of perception of knowledge;
a document containing data on the living conditions of all participants in the litigation (father, mother, child, guardian, if any);
certificate from the place of residence of the applicant.

Possible nuances of the process of deprivation of parental rights

Now you know how to deprive a father of parental rights. In addition, you need to know certain basic information that will help you navigate the nuances of the case much easier. First of all, pay attention to the fact who can be the applicant for the above question. The following can initiate the deprivation or restriction of parental rights of the father:

mother of the child;
legal guardian/representative;
prosecutor;
guardianship authorities.

It is also extremely important to know that while the case is pending in court, the parent still has to pay child support for their child or children. If the highest authority made a positive decision, and the father lost the court, then he is necessarily deprived of all rights and privileges, he cannot claim benefits, cash benefits associated with having a child, and also in the future require financial support from the offspring .

At the same time, the father will continue to be obliged to support the minor until he reaches the age of eighteen or is recognized as capable. If desired, the parent can agree in the court on the transfer of alimony to the current account of the son / daughter in the bank. As for the child himself, he does not lose the right to live in the parent's living space, and also has the right to claim the inheritance left by him or his immediate family.

Do not deprive, but limit!

In some cases, restriction of parental rights is also allowed. It is also carried out exclusively by a court decision on the basis of sufficiently weighty reasons, confirmed by evidence and facts. A prerequisite for making such a decision may be the risk to the health (physical and mental) of the child when being next to one of the parents (in this case, the father).

Pay attention to how the issue under consideration differs from such a procedure as deprivation of parental rights. The grounds for restriction are usually not as significant as in the first case. The main difference between this measure of punishment is that the father is given a probationary period of six months. If during the specified period the parent does not change his behavior, he will be permanently deprived of his rights in relation to the child. The initiator of the process of rights may be the second parent (mother), guardian or legal representative, prosecutor or guardianship officer. The restriction of rights applies only to personal communication between the father and the child, but does not relieve the former from financial obligations.

How is the termination of parental rights carried out? Sample Application

Let's talk about how an application (claim) for deprivation of parental rights should look like. The document can be conditionally divided into three parts: a header, a general text and a conclusion listing the attached references.

The first section should contain information about which authority the paper is submitted to, from whom, who is the defendant, and who is the third party.

The main text contains information about the rights, obligations and possible violations, that is, what tasks the father of the child does not cope with, what illegal actions he commits.

At the end, you must express your request, as well as list the list of documents that serve as evidence of violations.

Below you can see what the application looks like, or rather, its typical sample.

Deprivation of parental rights can be achieved only by making a lot of efforts, in particular, by collecting all the necessary documents and correctly filling out a statement of claim. The advice of a professional lawyer will also be very useful to you, because only a specialist in his field knows the smallest nuances and details. If you take into account all the details with it in advance, this will help to reduce bureaucratic red tape and speed up the process.

Can I get my rights back?

How is the restoration of parental rights carried out and is it possible at all? There are a few basic guidelines you can follow to help you become a good parent again. The main ones are:

restoration of a positive social status;
improvement of living conditions;
having a permanent job;
satisfactory financial condition;
elimination of the reason for the restriction or deprivation of parental rights.

Restoration of parental rights is also carried out strictly through the courts. It is very important to contact the authorities in a timely manner, because in six months a child from an orphanage can be adopted, and subsequently not be transferred to former parents. Of course, such information is relevant only if the claimant is the guardianship authority, and not the mother. Try to collect as much documentary evidence as possible to correct the past negative situation.

It is important not only to know how to deprive a father of parental rights, but also what such an extreme measure can lead to. Remember: to separate dad and baby is only in the rarest, exceptional cases. Such interference can negatively affect the psychological state of the child and cause him serious harm in the future. Try visiting a psychologist first. Perhaps the help of a professional will help you solve the problems that have arisen and prevent a significant deterioration in the existing situation.

Deprivation of parental rights of the father occurs only in court, while the mother is the Claimant, and the father is the Respondent. Cases in this category are very difficult to consider, since the interests of the child are affected here and it is necessary to take into account all the consequences of the decision so that the child does not suffer in the future.

Grounds for deprivation of parental rights of the father

The grounds for depriving a father of parental rights are of a special nature. They are listed in the Family Code. These include:

situations when the father does not fulfill his duties for the care, upbringing and provision of normal living conditions for the child;
malicious evasion of the payment of alimony;
unreasonable refusal to take your child from a maternity hospital or from social protection institutions or other similar organizations;
abuse of parental rights;
child abuse, physical or psychological abuse, sexual harassment;
father's alcohol or drug abuse, chronic alcoholism or drug addiction;
committing an intentional crime against the life or health of a child or spouse.

Such cases are considered with the participation of the prosecutor, guardianship and guardianship authorities. They have every right to express their opinion on the course of the case and on the stated requirements.

A spouse cannot claim without evidence that the father of a child should be deprived of parental rights.

How to deprive a father of parental rights?

How to deprive the father of parental rights, and on which of the above points only the court decides, based on the certificates and testimonies of witnesses.

The documents required for depriving the parental rights of the father may be different in each case, it all depends on the grounds for depriving the parental rights of the father.

But there is a standard package of documents:

A statement of claim to the court at the place of residence of the Respondent.
Original and copy of the child's birth certificate.
Original and copy of divorce certificate.
Extract from the house book at the place of residence of the Plaintiff.

When considering a case, the judge has the right to request any necessary document.

Sometimes, in the course of legal proceedings, the judge may decide not to deprive the rights, but to limit the parental rights of the father. This may be if the presence of a father in a child's life becomes dangerous, but not through the fault of an adult (for example, contagious or mental illness, alcoholism). Another, if the behavior of the father is dangerous for the child, but there are no sufficient reasons for depriving parental rights.

But sometimes there is a refusal of the father himself from parental rights. More often this happens by mutual consent of both spouses, when a woman is going to enter into a new marriage and her chosen one agrees to adopt a child. Such a refusal is written in a notary's office and certified by a notary. In this case, such a father is deprived of the rights to the child.

Consequences of depriving a father of parental rights

The consequences of depriving a father of parental rights are as follows:

Fathers deprived of parental rights will never legally be able to adopt another child, become appointed guardian, and they are also deprived of the right to be foster parents.

At the same time, such fathers are still required to pay child support, up to his majority. Children also retain the rights to the housing in which they are registered, even if it belongs to the former father. Also, children have rights to the inheritance of a father deprived of parental rights.

In some families, there comes a moment when the antics of the husband (father) are no longer strong enough, when the parent forgets about the normal attitude towards his children. To solve such problems, there is a procedure for depriving the father of parental rights. In order to achieve a positive decision in favor of the mother of the child or guardian, and not in favor of the male parent, there must be good reasons and recorded facts.

In what cases the father is deprived of parental rights

A father may lose his parental rights in situations where he:

avoids parental responsibilities, such as avoiding paying child support;
does not want to take his/her child away from the maternity hospital (department) or from another medical institution, or educational institution, or organization of social protection of the population, or from similar institutions without valid reasons;
uses parental rights for mercenary and other illegal purposes;
behaves inappropriately with children, including using physical violence or mental influence towards them;
infringes on the sexual integrity of children;
suffers from alcoholism (chronic stage) or has a drug addiction;
committed an intentional crime aimed at depriving the life and health of the child or depriving the life and health of the mother of the child.

List of required documents for deprivation of parental rights

The package of documents required to start the trial in the case of deprivation of parental rights includes:

application of the mother (or guardian, or a child over the age of 14, or other persons entitled to represent the interests of the child) to deprive the parental rights of the father;
a photocopy of the passport of the person submitting the application;
a photocopy of the child's birth certificate;
certificate from the place of residence of the person submitting the application;
an act describing the living conditions of the father, mother and child;
a document from the place where the child is studying;
characteristics of the class teacher (head teacher, director) from the place of study of the child;
certificate of income of the mother (or the person submitting the application) from the place of work;
characteristics of the mother from her place of work or residence;
documents that indicate the fact of failure to fulfill parental duties of the father;
the conclusion of a professional psychologist from the guardianship or educational institution after communicating with the child.

This package is submitted to the court and can be expanded at the request of the judge with other documents.

The procedure for deprivation of parental rights in court

Deprivation of parental rights of the father can be performed only in court(based on the referee's decision).

The processes of deprivation of parental rights are considered at the request of the mother, the prosecutor or the representative of the guardianship authorities and other institutions that have the duty to protect the rights of minor children.

The trial takes place with the direct participation of the prosecutor and a representative of the institution that has the function of protecting the rights of minor children.

During a detailed consideration of the case, the court decides on the payment of child support from the father deprived of parental rights.

The judge during the trial may find signs of a criminal offense in the actions of the father. Then he will be obliged to report this to the representative of the prosecutor's office.

The court must, within 3 days from the date the court decision enters into force, send an appropriate extract from this court decision to the registry office at the place of registration of the birth of the child.

The father is deprived of all rights based on the fact of kinship with the child, this includes the right to receive security from him, as well as the right to state benefits and benefits for people with children.

The child retains the right to own housing or the right to use housing, in addition, retains various property rights related to the relationship of the father and his relatives, among them inheritance rights.

Alimony obligations of the father deprived of parental rights

A father, even deprived of parental rights, must support his own children. During the consideration of the case on deprivation of parental rights, the court decides on the recovery of alimony for the child.

Similarly, the issue of securing the child's right to the alimony due to him is resolved in cases where the child is transferred to foster parents or to a family-type orphanage.

At the request of the father who pays alimony for a minor child, the court may, depending on the interests of the children, decide to transfer 50% of the alimony paid to bank accounts registered for the minor child. Such a decision may be made on the basis of previous court rulings.

If there is a father and payment under the terms of the document is not carried out, then it is worth suing for strict implementation, modification, termination or invalidation of this agreement in court.

If the father does not provide for his minor children, then the funds for their maintenance are collected from the father through the court. A mother, or another person or representative of an organization authorized to perform the function of protecting the rights of minor children, can file a claim with the court for the payment of alimony.

Funds for the maintenance of minor children, required from the father in a judicial proceeding, are sent to the mother (or authorized persons) of the children until they come of age. Although if such a minor under 18 years of age receives full legal capacity, then the payment of money for his maintenance stops.

During the recovery of alimony, the amount is determined depending on the multiple ratio of the minimum wage adopted at the legislative level at the time of the recovery of alimony.