Modern society has begun to pay more attention to how parents treat their children, as well as their living conditions. In the West, this practice has existed for many years, but in our country it began to be applied relatively recently. In recent years, there are increasingly cases when a mother or father is deprived of parental rights for various reasons. Moreover, such a measure can be applied to both parents at once or in relation to only one of them. Why they are deprived of parental rights, what are the features of the procedure, what documents are needed for this are questions, the answers to which every modern parent should know.
Who is involved in the procedure
This measure is extreme in relation to the mother or father, not fulfilling their direct responsibilities for raising their own children. Before making this decision, it is necessary to conduct a thorough study of the living conditions of the family, the ability of the parents, their lifestyle and other social aspects. Such checks are the responsibility of guardianship authorities who should monitor the lives of children from dysfunctional families.
The procedure takes place with the participation of the relevant authorities and in the event that one of the parents of the other wants to deprive the rights to the child. Is it possible for a mother to deprive her father of parental rights? The answer to this question is yes. At the same time, the father also has the same opportunity in relation to his mother, however, for him to achieve a positive solution will be much more difficult.
The decision on whether to deprive parents of their rights to a child is taken solely in court after a careful study of all family details.
Restriction of rights - preventive measure for parents
The restriction of communication between a mother or father with her child for a certain period of time is applied for prevention and solely by court decision. They resort to it in cases where it is dangerous for the child to be near the parent for reasons beyond his control. Another reason for the restriction may be when it is unsafe to leave a child with his mother or father, but there are no substantial grounds for deprivation of rights. 
In this case, the rights of parents can be limited to up to 6 months, depending on which decision the court will make. This time is given to them to review their behavior and change it. If, after the specified period expires, changes in lifestyle are not observed, the relevant authorities proceed to draw up a petition for deprivation.
Why are they deprived of parental rights?
Under the Family Code of the Russian Federation, children can be deprived of their rights if the parent:
- abuses own rights;
- ill-treating them, including using physical, mental or sexual violence against a child;
- systematically refuses to fulfill direct parental duties; regular non-payment of funds necessary for the maintenance of a child also falls into this category of violations;
- has an addiction to alcohol or drugs;
- refuses to pick up the child from the hospital, kindergarten or any social security institution;
- committed a criminal act against a spouse, children or other family members intentionally.
It is these grounds that can cause this punishment. If the judicial authorities of the father or mother are deprived of parental rights, the child shall immediately be excommunicated from the parent in respect of whom this decision was made.
The grounds for this decision in relation to the father
In this matter, the plaintiff is the mother or her substitute. Father in this matter takes the position of the defendant.
The reasons why the court can make an appropriate decision in respect of the father are the same as for general reasons, for example, this is an avoidance of cash payments for the maintenance of the child. However, it should be borne in mind that this fact must be documented, as there are often cases when, after a positive decision in favor of the plaintiff, the father lodges a complaint with the court of cassation. Often the decision is canceled due to lack of evidence of non-payment of alimony.
There are times when the lack of cash payments necessary to support a child is unintentional. This happens when the father worked in a state organization, came under reduction and temporarily has no income. If he is registered with the Employment Center and is trying to find work, this circumstance will be taken into account in court.
An important point is the notification of the defendant of the start of the trial. If you deprive the father of parental rights without prior notice, the court decision may be appealed and canceled. This responsibility lies with the judiciary. If the father’s place of residence has not been established, requests are made to the FMS and the police to establish the last place of residence of the father.
Does father pay child support if he is deprived of parental rights
Do fathers deprived of parental rights pay child support? The answer to this question is positive, since a court decision on this issue is not a basis for terminating the maintenance of a child. At the same time, the law does not provide for any reduction in the amount of cash payments or exceptions for depriving parents of their rights to a child. Child Support Size in this case, it complies with the general rules of calculation and accounts for 25% of the total income for one minor child, 33% for two and 50% for three or more children. If there is no official income, fathers deprived of parental rights pay child support in a fixed amount established by law, in a combined way or in shares to the average earnings in the country. This measure is designed to protect the interests of the minor and ensure its content.
Thus, the answer to the question whether a father who is deprived of parental rights pays child support is always positive, regardless of his income level.
Subsequent Alimony Claim
The assignment of money support for a child should be determined automatically by the court during the hearing. However, in the practice of the courts there are some cases where this issue has not been considered. In this case, you can resubmit the lawsuit at any time. The child is entitled to child support until he reaches the age of majority. If for some reason the alimony of a father deprived of parental rights is not received, it is possible to apply measures to search for him, seize property, and impose a penalty on periodically received payments. To begin such actions, you must contact the bailiffs with a statement about the lack of cash payments and an indication of the deadlines for non-payment.
A father who is deprived of parental rights will be required to pay child support, regardless of the availability and level of his income.
Reasons for making this decision regarding mother
The question of whether it is possible to deprive the father of parental rights no longer surprises anyone in modern society with so many divorces. However, when this procedure concerns the mother, a huge number of difficulties arise. The grounds for depriving her of her rights to a child are the same as for her father. However, this measure is extreme, and the courts are most often reluctant to take a positive decision in this matter.In order for the relevant authorities to begin this procedure, it is necessary to provide solid evidence that the mother really can not engage in raising a child. To do this, do the following:
- provide written confirmation that she did not really pick up the child from the hospital, kindergarten and other municipal institution, writing a refusal;
- get a medical certificate about her drug or alcohol addiction;
- provide an act on the examination of the living conditions of a minor with the conclusion that they do not meet the standards;
- to obtain a court decision, which has legal force, on the commission of acts posing a danger to the life and health of the child or his father;
- provide evidence of witnesses confirming the fact of the use of violence by the mother to the child and inappropriate attitude towards him
Thus, the answer to the question whether a mother can be deprived of parental rights will be positive only if there is solid evidence of a bad attitude towards the child. In this case, do not forget that for this procedure there must be very compelling circumstances that will be accepted by the court as the basis for the start of the trial.
How to deprive of parental rights: procedure
According to the law, this procedure can only begin after the relevant court decision has entered into force.
The process itself begins only after receiving the application, which they have the right to submit:
- one of the parents in relation to the other, even if they do not live together;
- persons replacing parents;
- prosecutors;
- employees of guardianship and guardianship bodies, who are responsible for protecting the rights of citizens under the age of majority.
During the hearing, it is necessary to ensure the presence of a representative from the guardianship authorities. He is obliged to submit an act to check the living conditions and education of a minor whose rights are considered in the process.
The main legal terms related to the question of how to deprive the parental rights of a father or mother:
- the excess of parents' rights - involves the formation of obstacles to learning, the inclination to begging and other actions committed to the detriment of the child;
- ill-treatment, involving, in addition to the use of violence, the use of unacceptable methods of education that degrade human dignity;
- the fact of evading his duties when the parent does not care about the physical and moral education of his child, and also does not create conditions for him to learn;
- the presence of alcohol or drug addiction, which must be confirmed by the presence of an official medical opinion.
Appeal to the guardianship authorities before filing a lawsuit
Before you make a claim, you must visit this authority, the presence of a representative at the hearing is mandatory. The following copies must be provided here:
- birth certificate of a child;
- divorce certificate;
- extract from the house book;
- personal bank account of the child.
It is also advisable to provide another package of documents, subject to its availability:
- a document proving that the parent has been prosecuted, administrative or criminal;
- certificate of alcohol or drug addiction;
- confirmation of malicious evasion of cash payments for the maintenance of the child;
- other papers that may be grounds for depriving parents of their rights to a child.
After the application is sent to these bodies and all the necessary documents are provided, employees will be required to check the living conditions of the child, as well as the respondent parent. The audit opinion is attached to the package of documents sent to the court.
In the event that the child is 10 years old or more, employees of the guardianship and guardianship authorities are required to take a written statement from him in which he agrees that his mother or father will be deprived of parental rights. You must make sure that this decision is made by the child voluntarily, and not as a result of pressure from the other parent.
After this stage has been successfully completed, you can begin to draw up a statement of claim.
Proper drafting of a lawsuit
In order for the court to deprive the parental rights of the father or mother, it is first necessary to correctly draw up a statement of claim, which is sent to the location of the defendant. This is the first step to a successful outcome.
The lawsuit must be in writing, but the law does not provide for a special sample to be followed when creating the document. Nevertheless, the following points should be reflected in the statement:
- full name of the judicial authority to which the application is sent;
- personal data of the plaintiff;
- information about the defendant (name, date of birth, place of residence and position);
- requirements of the plaintiff and facts of violation of his rights;
- evidence of the validity of their claims;
- a package of documents attached to the claim (depends on the specific case);
- if the lawsuit comes from the prosecutor, an explanation of why the application was not received from the parents.
The statement of claim must be signed by the applicant or his legal representative. In the latter case, documents confirming his authority must be attached.
You can send a statement of claim to the court by registered letter with notification or provide it personally. The plaintiff will be notified by the judicial authorities of the acceptance of the document or the refusal.
When considering cases that are related to the issue of depriving parents of their rights to a child, no state duty is charged.
Features of judicial practice in this matter
The question of why they are deprived of parental rights is ambiguous in judicial practice because of its complexity. That is why it is necessary to know some features of this procedure.
- This right can only be deprived of parents. Thus, neither guardians nor trustees are subject to this procedure. In the event that they shy away from their direct responsibilities in raising a child, the authorized bodies can only remove them from execution.
- Many are interested in whether it is possible to deprive of parental rights only because of the lack of cash payments for the maintenance of the child. Evasion of child support cannot serve as the only reason for making this decision. It is necessary to provide evidence of other guilty parent behavior towards the child. This last resort applies only if there are no other ways to protect the rights of a minor. For example, if the alimony was paid irregularly, and the debt was formed, and the parent takes measures to eliminate it, this cannot be the basis for deciding on the application of the last resort. In cases where the trial court did not take into account this fact, its verdict can be appealed and canceled.
- After the court decision comes into force, the child must be transferred to the education of another parent, for whom his rights are retained. If both parents are deprived of their rights, the minor falls under the responsibility of the guardianship authorities. In this case, the court decision does not contain prescriptions on the future fate of the child, this responsibility lies with the relevant organization.
How is this measure reflected on the child?
If the parents were deprived of their rights, the adoption of the child is possible no earlier than six months after the court decision comes into force. In addition, this child retains all rights to property, including inheritance. This paragraph also applies to the issue of the payment of alimony.Thus, the answer to the question whether fathers deprived of parental rights are paid child support is positive. Also, all other property disputes should be resolved in favor of the child, even if the parents are deprived of their rights by the court.
How this measure is reflected on the parent
How is the judgment reflected on the mother or father, and which parent, deprived of parental rights, has rights?
The court in its decision establishes the procedure for living and raising a child. So, if the mother or father was stripped of their rights, they are obliged to transfer him to another parent for upbringing. If both are deprived of their rights, the child passes under the responsibility of the guardianship and guardianship authorities, which take further decisions regarding his future. At the same time, they are obliged to adhere to the procedure established by law that at least 6 months must pass after the court decision on the deprivation of parental rights takes effect in order to begin the process of adoption of a child by another person.
In addition, even if one of the spouses has lost his rights by the court, he retains the obligation to further support his son or daughter.
Deprivation of parental rights implies termination of payment of all relevant benefits and allowances.
Sometimes the court makes a decision on the impossibility of further cohabitation of a father or mother and child deprived of their rights. Then the first one is evicted from the house without providing any other living space.
The procedure of deprivation of parental rights does not imply termination of the maintenance of the child in the future. At the same time, all his property rights continue to be preserved for the minor.
Thus, the question of what is deprived of parental rights is one of the most difficult. That is why this procedure is resorted to only in extreme cases.
