How to deprive a mother of parental rights? Claim for deprivation of parental rights

The parent for the child is the main person throughout his childhood life. Naturally, the baby takes an example from mom and dad. Moreover, a complete family is most important to him. But there are often cases when parents abuse their rights or shy away from raising a child. Naturally, then social services and other state bodies come into play. In this article, you will learn how to strip a mother of her parental rights if she does not fulfill her duties.

What does the concept mean?

This is a lawsuit in which parents lose their right to raise children. All responsibility for the child after the decision of the competent authorities lies with the father (mother), guardians or the state.

After the procedure, parents lose the opportunity to freely meet with their children, receive any information about them from medical or educational institutions, receive social benefits. In fact, the mother (father) becomes a stranger to the baby.

I must say that this process is reversible. However, to achieve a positive court decision in this case is already more difficult. Before depriving the mother of parental rights, it is required to consider the grounds for starting the procedure.

The reasons that contribute to the process

Now we will find out why, in fact, the state can take away the right from the spouses to raise their baby. There are such grounds for deprivation:

• Refusal to pick up the child from the hospital or any other institution (hospital, educational institution).
• Abuse of one’s own rights, which contributes to the formation of a negative psychological situation in the family.
• Failure to fulfill parental duties.
• Committing criminal acts against a spouse or child. Moreover, the life and health of the latter is in danger.
• Addiction to drugs or alcohol.
• Sexual assault or child abuse.

These reasons are quite enough for the competent authorities to think about the fate of the woe-mother.

Who is entitled to file a lawsuit?

In contrast to all misconceptions, we say that a limited number of people can make a statement. Before you deprive the mother of parental rights, you need to understand the list of these persons:

• Both parents, depending on who the alleged respondent is. In this case, one should not attach importance to with whom exactly the child lives. Each of his parents can file a lawsuit equally.
• Guardians, foster family or trustees. That is, those people who act as parents.
• The prosecution authorities. This is required if children have been subjected to physical or sexual abuse or their lives have been compromised.
• Guardianship authorities. It should be noted that the specialists of this organization are involved in almost every trial of this type. The fact is that their main task is to protect the interests of children.
• Commission on the affairs of persons under the age of 18.

Grandparents and other relatives cannot initiate the process.

What documents are needed?

Before you deprive the mother of parental rights, you should find out what you have to prepare. The following documents will be required:

1. Statement of claim. It must be properly framed.
2. Birth certificates of children for whom the procedure will be performed.
3. Certificate of official marriage or divorce.
4. Extracts from the house book indicating the place of registration of children and parents.
5. Acts of inspection of housing and living conditions, moreover, from the mother and father.
6. Certificate of ownership of the house (apartment) or lease. That is, you should have a place where you can fully ensure the life of the child.
7. Medical certificates that indicate the absence of mental problems, as well as drug or alcohol addiction.
8. Documents that speak about the financial situation of both parents, as well as about sources of income.
9. Personal characteristics of the spouses' workplaces.

Before depriving the parental rights of a father or mother, you need to investigate all the circumstances of the case. They may suggest the need for other documents:

• Facts confirming a crime or beating. It is advisable to confirm them with certificates from the district and medical expert.
• Statement of voluntary abandonment of the baby.
• Documents confirming malicious non-payment of alimony. Naturally, here you need help on the amount of debt.

Features of the statement of claim

Before you deprive the parental rights of a father or mother, you need to know how to properly start the procedure. That is, first you need to try to properly file a lawsuit. It indicates the name of the court in which the case will be examined, information about the plaintiff, home address and telephone number of the defendant.

The statement itself must describe what the parent's default is expressed in. In addition, the claim should state the circumstances of the incident (beating, sexual assault). Naturally, evidence of these actions is needed.

The application must contain a list of all the papers that the plaintiff will submit to the court in this case. All is approved by the signature of the plaintiff and the filing date.

Step-by-step procedure

Now you will learn how to deprive parental rights step by step. So, the following steps await you:

1. Contacting law enforcement agencies. This is necessary if there is violence against the child or any threats to his life. At this stage, it is decided whether a criminal case should be instituted.
2. Contacting the bailiff service. This proves evasion of child support payments.
3. The collection of various evidence and facts, as well as evidence that characterize the father or mother on the bad side.
4. Statement in guardianship authorities. Since it is not very easy to deprive a parent of parental rights, you need the opinion of authoritative experts. There are given birth certificates of marriage, marriage, extracts from the home book. Please note that if children are already 10 years old or more, then their opinion can be taken into account. As a result of the appeal, you will receive an act on the material and psychological conditions of a child’s life.
5. Preparation of a statement of claim and its sending to the court registry. You can take it yourself.
6. Judicial investigation. It examines all documents, facts and evidence, listens to both parties and their witnesses.
7. Deprivation of the rights of the defendant.

A statement of claim, a deprivation of parental rights cannot pass without it, it is better to draw up together with a lawyer who knows all the nuances of the case.

Features of the trial

The decision should be sent to the registry office in 3 days at the place of registration of the child. If the baby is already 3 years old, then the guardianship authorities and the court have the right to ask his opinion, but it will not necessarily be taken into account. The child may not be interviewed during the trial so as not to psychologically injure him.

If the defendant does not want to lose his rights to children, he may try to convince the court that he wants to change. At the same time, he will be given extra time to fulfill his promise. At the next meeting, the court may already reach a final verdict.

The consequences of disqualification

This procedure cannot pass without a trace both for the defendant and the plaintiff, and for the child himself. The following consequences of this process exist:

• Parents deprived of parental rights (at the same time, children can be removed by the guardianship authority), they will no longer be able to receive child support for the elderly.
• The right to receive benefits, payments and compensations that are due to people with a child is lost.
• Children retain ownership of the house or apartment, as well as inheritance.
• A parent who does not have the right to raise a child can adopt him six months after receiving a decision on deprivation.

It should be noted that all these procedures do not reflect in a very good way on the state of the psyche of the child and on his future behavior. Therefore, you can’t play with children's feelings.

It should also be noted that child support is deprived of parental rights regularly. That is, he is obliged to continue to support his own child.

Is it possible to restore rights?

Of course yes. However, for this you should seriously try. That is, the person deprived should change his life for the better, stabilize his financial income and living conditions, abandon bad habits. If this succeeds, the next step will be to file an application with the court to restore the rights of the parents.

The hearing is carried out in the presence of the guardianship authority, which must examine new material and living conditions. If the child has already reached the age of 10, then his opinion on this matter is decisive.

Parental rights are not restored if the children have been adopted. The lawsuit is simply rejected.

That's all the features of the presented process. If you decide to have a baby, be prepared for this mentally and financially. Do not become the source of his failures and vital instability in the future. Give him all your love and attention.