Deprivation of parental rights of a mother: grounds, causes and judicial practice. How to deprive the mother of a child of parental rights?

Deprivation of the parental rights of the mother is a great tragedy for both children and the whole family. But if it comes to such measures, then there simply was no other way out of the situation. Consider further how to deprive mother of parental rights.

General information

The law provides a list of responsibilities that are assigned to citizens with children. In case of non-fulfillment of any requirements, if this may threaten the health, life or cast doubt on the development of the child, interested parties may file a deprivation of the parental rights of the mother in favor of the father and vice versa. With such statements can appeal and guardianship authority and guardianship.

Grounds for deprivation of parental rights of a mother

Their complete (exhaustive) list is contained in the law. In addition to the above, no circumstances can entail the deprivation of the parental rights of the mother. Judicial practice knows many examples when claims were rejected due to the fact that they cited facts not prescribed by law. You can apply if the citizen who gave birth to a child:

1. Not fulfilling his duties.
2. Abuses rights.
3. Refuses to pick up a newborn from the hospital.
4. Child abuse.
5. He is a drug addict.
6. Abuses alcohol.
7. She committed a deliberate crime against a child or a second parent.

Default

As mentioned above, the law contains a list of the main requirements for citizens with a child. As grounds for deprivation of parental rights mother is her unwillingness to take care of children, to participate in their upbringing both physically and morally. She can be held accountable, if not just not paying attention, but completely not watching the child. In such cases, the children are left to their own devices and often live on the street. Some mothers do not help children get education. In all these cases, undoubtedly, such citizens should be punished.

Abuse of opportunity

Often, the mother makes the child beg. Some prevent children from compulsory education, forbidding them to go to school. They believe that they themselves can give the child all the necessary knowledge. Rarely, but still there are cases when children are forced to engage in prostitution. Being in such an environment, minors often begin to get involved in alcohol and drugs. Such behavior entails the deprivation of the parental rights of the mother.

Cruel treatment

There are frequent cases when on the street you can see a mother screaming at a child or beating and humiliating him. One can only guess how she behaves at home when no one sees. Many believe that humiliation, beating, shouting at a child cannot act as reasons for the deprivation of the parental rights of the mother. However child abuse punished in all severity.

Alcoholism and drug addiction

Mothers who abuse alcohol are a real grief for a child. Children in such families receive severe psychological trauma for life. The same can be said of addiction. In these cases, the deprivation of the parental rights of the mother is not a punishment. This measure will protect the psyche of children from further destruction. A mother who is intoxicated or inebriated is inadequate.In such a family, beatings, humiliation, poverty, scandals are frequent. Children do not receive food, clothing, because all the money goes to alcohol or drugs.

Who will give the child?

Deprivation of parental rights of the mother entails certain consequences primarily for children. In particular, the issue of who the child will remain with is being resolved. This will depend on various circumstances. If the requirements were stated by the second parent, then the child is likely to be transferred to him for education. But if this is contrary to the interests of the minor, then he will fall under the guardianship of the guardianship authority. The deprivation of the rights of the parent also entails the recovery of alimony from the mother. Money should be used to provide for the child.

Restoration of rights

Does the law allow such an opportunity? It should be said that in some cases, the deprivation of rights for the mother becomes a severe blow. In this regard, she has a persistent need to return the child back. Of course, this should be conscious if the woman has not yet completely degraded under the influence of alcohol and drugs. Citizens who really realized all the illegality of their actions and the depravity of previous behavior, the malign nature of negligent attitude to duties, the law gives a chance to become full-fledged mothers.

The fact that a woman has changed her lifestyle must be confirmed. If her desire is conscious and she understands the entire measure of responsibility for her child, then she should apply to the court with a statement stating the request to restore her rights. Along with this, she can petition that the children be transferred back to her for upbringing. The application may be denied if the court finds that the satisfaction of the request will be contrary to the interests of the minor. They will not satisfy the request even if the child was adopted. When deciding on a citizen who has reached 10 years of age, the court will ask for his consent.

Application Documents

If the second parent applies to the court, he should be provided with:

1. Certificate of marriage or its dissolution (if there was a registration).
2. Act on the examination of the conditions in which both parents live or in which the child will live after the decision.
3. Birth certificates of children.
4. Documents certifying the right to the area on which the child will live.
5. Characteristics of the defendant and the plaintiff from the place of work (if any).
6. Certificate of income of parents.
7. Medical certificates that confirm the presence of diseases that are not compatible with the normal upbringing and maintenance of the child by the defendant.
8. Conclusions from the guardianship and guardianship authorities or on juvenile matters.
9. Characteristics of the parental qualities and personality of the respondent as a whole from neighbors, teachers, teaching in the institution where the child receives an education.
10. A certificate certifying the infliction of physical or mental harm to the second spouse or child.

Important point

However, it should be noted that even if all of the above documents are provided, there is no guarantee that the request will be granted. As practice shows, the court decides not to deprive, but to restrict the rights of the parent. In this case, the woman is suspended from participation in the upbringing, but may, with the consent of the guardianship and guardianship authorities, see the child. At the same time, obligations to pay child support are retained.

Examples

The court considered the case of deprivation of the rights of a parent in relation to a woman who left her children in the winter in an unheated house. She left and did not return for several days. There were two children of two and three years old in the house. Due to the fact that the room was not heated, one child died, and the second was taken to intensive care with severe frostbite. In this case, the court did not consider the negligence of the mother, but the deliberate infliction of damage to health, resulting in death. The woman was convicted.In addition, the court deprived her of her parental rights in relation to the surviving minor.

Another matter concerned abuse of rights. After the divorce, the court decided to leave the minor with his mother, imposing on his father the obligation to pay child support. The latter earned well enough. Child support amount the father paid almost doubled his mother’s salary. The woman, taking advantage of this, quit her job and began to live for pleasure, addicted to alcohol. As a result, the upbringing of the child receded into the background. The parents of the ex-spouse insisted that he filed a lawsuit. The above arguments were enough to satisfy the requirement. As a result, the mother was deprived of her rights to the child.