How to deprive a father of parental rights? Unfortunately, such a question often arises in many families. Women have to deal with the tyranny of the head of the family in radical ways, but there is simply no other way out when the life of a tyrant threatens the life and health (both physical and mental) of her beloved child. The process of depriving one of the parents of their rights is complex and involves a large number of bureaucratic delays. That is why it is so important to know all aspects and nuances of a future lawsuit. If you can not afford the advice of a professional lawyer, be sure to check out the tips below.
What should each parent do?
In order for no one to 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, are as follows:
- health care;
- development of the child in the psychological, moral and physical field;
- providing secondary education;
- representation of rights;
- protection of interests.
It was initially established that both parents indicated in the birth certificate bear equal rights and obligations to raise a baby from the moment of his birth until the age of majority. The indicated period may be shortened if the child is recognized as fully capable before the age of eighteen (entered into marriage, has been working since 16 years). If the mother of the minor notes that the father negatively affects the condition and health of their common offspring, her tasks will include ensuring the protection of the interests of the child.
Key reasons to restrict parental rights
First of all, it should be noted that it is rather difficult to deprive the father of his rights to raise a child, the reasons for this event should be really serious and not raise doubts in the court. Among the most real reasons for a positive resolution of such a dispute, the following prerequisites can be distinguished:
- regular evasion of child support;
- use of parental rights for any mercenary and illegal purposes;
- physical or psychological violence against a minor;
- sexual violence against a child;
- abuse of alcohol or drugs;
- attempt on the life and health of the second parent;
- attempt on the life and health of the minor himself;
- refusal to perform direct parental duties;
- refusal to pick up a child from a maternity hospital, medical or educational institution without serious circumstances.
Any basis on which you plan to rely must be confirmed by an appropriate set of documents, only then you can send an official statement to the court. Deprivation of the father of parental rights should be supported by appropriate genuine documents. Otherwise, the case will not even be considered. We 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 on a child? Such an offense by the head of the family, of course, is a very serious reason for the ban on his communication with the baby in the future. To begin with, it is recommended that you calm down and make the most informed decisions in the future, without emotions.
The first institution you need to visit is a hospital or clinic. Medical workers will record the beatings and issue an appropriate certificate. In addition, the baby will be provided with the necessary assistance, possibly even of a psychological nature.
This document (certificate) must be submitted to the police together with a statement of claim. Having studied the submitted papers, law enforcement agencies have the right to refuse to initiate a case or, conversely, give it a go. In case of disagreement with the decision adopted by them, you can always challenge it in higher instances. If the decision-makers decide that the crime has a place to be, an investigation begins. Upon completion of the investigative actions, the evidence of guilt or lack thereof found is transferred to the court.
How to act if you do not want to pay child support?
A claim for the deprivation of the parental rights of the father may also be filed if the man evades the obligation to support his child, that is, to pay child support. Do not forget that the father must provide the minor offspring, regardless of whether the official marriage with the mother of the baby is dissolved or not. If, within a few months, a woman does not receive money for food, clothes and other primary needs, then she has the right to turn to the bailiffs to resolve a similar issue. You should know that to prove the fact of non-payment of finances is quite difficult, so it is recommended to be patient. To resolve this issue, you will need to prepare the following official documents:
- a writ of execution for recovery;
- certificate of debt.
It is also extremely important to find out if the parent is concealing part of his income by intentionally underestimating his salary or not formalizing labor activity. In this case, a negligent dad can easily be brought not only to administrative, but also criminal liability, because such actions are classified by law as illegal and criminal.
What if the parent has addictions?
Drug addiction and alcoholism are a real scourge of our time, every year more and more people are plunged into the abyss of addictions, forgetting about their real life and responsibilities in it. A person living in favor of alcohol or drugs cannot be accountable for his actions and absolutely cannot bring up minor children. In this case, the deprivation of the 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 court, do not forget to visit guardianship authorities. They will ask you for a list of papers that must be submitted without fail. Among other things, employees are likely to conduct an audit and evaluate the living conditions at the place of residence of both the father and the child. For children over 10 years of age, it is possible to express their own opinion about the desire or unwillingness to be together with the parent.
The next stage is the submission of documents and applications to the court. During the hearing of the case, not only the judge will get acquainted with the provided data, but also all the same guardianship bodies. The decision on the future fate of the rights of the father will be taken collectively by the participants in the process listed above.
An approximate list of necessary documents for the court
What is needed to initiate parental deprivation? The grounds have been identified, it is time to take care of the documents supporting them. Since decisions of such a plan are taken only by the court, it is she who determines the necessary list of securities. It should be noted that in some cases it can be expanded. The basic kit includes documents such as:
- an application for the deprivation of parental rights from a certain person (this may be the mother of the child or guardian);
- photocopy of basic documents (applicant’s passport, minor’s birth certificate);
- 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 description from the applicant’s place of study or work describing him on the positive side
- certificate of income of the applicant, confirming his financial stability;
- information on the child’s place of study, as well as a description of his behavioral characteristics and level of perception of knowledge;
- a document containing data on the living conditions of all parties to the judicial dispute (father, mother, child, guardian, if any);
- certificate from the place of registration 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, which will help you to navigate the nuances of the case much easier. First of all, pay attention to the fact who can be the applicant on the above issue. To initiate the deprivation or restriction of parental rights of a father may:
- the mother of the child;
- legal guardian / representative;
- the prosecutor;
- guardianship authorities.
It is also extremely important to know that while the court is considering the case, the parent still has to pay child support for the maintenance of his child or children. If the higher court made a positive decision and the father lost the court, then he is deprived of all rights and privileges without fail, he cannot claim benefits, cash benefits related to having a child, and also demand 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 declared legally competent. If desired, the parent can agree in court the transfer of alimony to the bank account of the son / daughter. As for the child himself, he does not lose his right to reside on 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 allowed. It is also carried out exclusively by court decision on the basis of sufficiently compelling reasons, supported by evidence and facts. A prerequisite for making such a decision may be a 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 this issue differs from a procedure such as deprivation of parental rights. Grounds for restrictions 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 indicated period the parent does not change his behavior, he will be completely deprived of his rights towards the child. The initiator of the rights process may be the second parent (mother), guardian or legal representative, prosecutor or employee of guardianship authorities. The restriction of rights applies only to the personal communication of the father and child, but does not exempt the former from financial obligations.
How is the deprivation of parental rights.Sample Application
Let's talk about how it should look application (claim) for the deprivation of parental rights. The document can be conditionally divided into three parts: a heading, a common text and a conclusion listing the attached references.
- The first section should contain information on which instance paper is submitted to, from whom, who is the defendant, and who is the third party.
- The main text contains information about 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 statement looks like, or rather, its type sample.
Deprivation of parental rights can be achieved only by putting a lot of effort, in particular, by collecting all the necessary documents and competently filling out a statement of claim. The advice of a professional lawyer will be very useful to you, because only a specialist in his field knows the tiniest nuances and details. If you take into account all the details with it in advance, this will help reduce bureaucratic red tape and speed up the process.
Can I get my rights back?
How are parental rights restored and is this even possible? There are several basic guidelines that can help you become an exemplary parent again. The main ones are as follows:
- restoration of a positive social status;
- improving living conditions;
- the presence of a permanent job;
- satisfactory financial condition;
- liquidation of the reasons for limitation or deprivation of parental rights.
Restoration of parental rights is also carried out strictly through the court. It is very important to contact the authority in a timely manner, because after six months a child from an orphanage can be adopted, and subsequently not transferred to former parents. Of course, such information is relevant only if the plaintiff 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 this extreme measure can lead to. Remember: to separate dad and baby is only in the rarest, exceptional cases. Such an intervention can adversely affect the psychological state of the child and cause him serious harm in the future. Try to visit a psychologist first. Perhaps the help of a professional will help you solve the problems that have arisen and prevent a significant deterioration of the existing situation.
