В этой статье пойдет речь о том, что собой represents the procedure for depriving a father of parental rights. Judicial practice shows that most often men suffer from this for one reason or another. The court often stands on the side of the mother. But there are exceptions. In any case, the reasons for deprivation will be the same. And the process itself proceeds in a similar way. What features should be considered when solving the task? What can be the basis for deprivation of the rights of a parent?
Terminology
The first step is to figure out what kind of process is all about. After all, this action entails a number of consequences that will affect the life of the baby in the future.
Deprivation of the rights of legal representatives is a withdrawalwith the person responsible for the care of a minor and its content. He ceases to be an official parent and can no longer raise a child. In fact, any legal and family connection between a minor and a person deprived of their rights is interrupted. Citizens, from a legal point of view, just become strangers to each other.
Reach an agreement
Depriving a father of parental rights (judicial practicemore and more often faces this situation) - responsible business. Showdown in the meeting room - this is the last stage. Maybe biological papa himself does not want to be responsible for a minor? Then you can avoid unnecessary problems. Optional to go to court. It can be agreed that the father of the child voluntarily abandons the minor. This practice is common when adopting a baby, for example, a new husband of a biological mother.
In this situation, dad voluntarily deprives himselfparental rights. But this is not the most common alignment. The thing is that if a parent is deprived of the rights to raise a child, after the age of majority the baby will not have to assume the obligations of maintaining the needy parent. Therefore, rarely anyone refuses such a chance. It is necessary to make the compulsory deprivation of the father of parental rights. Judicial practice very often faces this situation. Just so, at the personal request of the mother, you can not translate the idea into reality. Good reasons are needed for such a serious action. Which ones?
Addiction
What is the deprivation of parental rights (father)the grounds? The Family Code of the Russian Federation provides for several items that help mothers get rid of a careless dad and take away from him every opportunity to see a child. The first reason for which you can go to court with a corresponding statement is the dependence of the baby’s biological father. For example, alcoholism or drug addiction. Even gambling can serve as a basis.
The practice of deprivation of parental rights of the fatheroccurs very often. And in most cases, dependencies are the arguments for satisfying the claim. If a person has no pernicious addiction, you should not be upset. Now the father can be officially removed from his duties on other occasions.
Abuse
What else should you pay attention to?What are the grounds for the deprivation of parental rights of the father? The Family Code of the Russian Federation indicates that abuse of the rights of a parent can also be a strong argument for this. Initially, the father and mother must be protected by the protection of the freedoms and interests of the child. If they "crush" a minor with their authority, do not take into account the opinion of their son or daughter, raise their hands to them, you will have to defend the rights of the minor in court. And the negligent parent will first be limited in rights, and then completely deprived of them. This reason becomes the second serious reason that occurs in practice. But that's not all. Recently, more and more other scenarios have arisen.
Inadequate performance of duties
For example, the deprivation of parental rights of the father of the childmay occur due to the lack of proper performance of responsibilities for the upbringing and care of a minor. This may include the refusal of the parent to take the baby without valid reasons from the maternity hospital, as well as from other medical and educational organizations. Also, the actual lack of care for the child entails the deprivation of the rights of the parent.
Чаще и чаще встречаются ситуации, при которых the mother herself keeps the baby, feeds and educates him, provides everything necessary. And the father is, but only according to the documents - in real life, he is not at all involved in the life of a minor. Such a parent can easily deprive the rights to the baby.
Cruelty
What else could face the deprivation of parentalright father? Judicial practice shows that the cruelty shown towards children also often causes the mother to go to court. And no one can refuse her. After all, children must be protected. And if one of the parents represents a danger to the health and life of the little man, it is required to deprive him of the rights of raising a minor. A distinctive feature of cruelty is that not only physical injuries will be taken into account, but also psychological pressure on the child. All this allows the mother to apply to the judiciary.
Attack
What other reasons for the studyprocess conceals the Family Code? Deprivation of the father’s parental rights may occur due to an attempt on the life and health of the child. If a citizen tried to kill or cripple a minor, you can take away his rights to care for the baby.
Also included here is an attack on a spouse.More precisely, the second parent. If the husband tried to cripple the wife, the mother of the child, the first can be removed from the fulfillment of parental obligations. Not the most common practice, but it takes place.
Alimony
What is the danger of depriving a father of parental rights?Judicial practice indicates that recently one of the reasons for this act is evasion of maintenance obligations. It doesn't matter if the parents were married or they were never officially connected. Material support for a minor is the responsibility of both the mother and the father. They should equally care for the child, contain it.
Thus, if one of the parents (in thissituations - to the pope) have appointed payment of the alimony in those or other sizes, it is necessary to carry out this obligation. Otherwise, the other parent can complain. As a result, deprivation of parental rights will occur. Everything is simple: the father did not fulfill his obligations under the maintenance, therefore, in the future, the requirements for the material support of the needy negligent parent will be removed from the child.
Criminal record
You can make the deprivation of parental rightsconvicted father. Judicial practice is not too often, but is faced with similar phenomena. In general, if a parent is accused of a crime, mainly a criminal one, it is possible to limit his rights to the child. And if the offense has especially grave consequences - to deprive him of them finally.
Присутствие папы в суде в данной ситуации не required. It is possible to deprive of parental rights of a parent, even if only the plaintiff comes. The main thing is to collect a certain list of documents and submit them to the court. How is the deprivation of parental rights of the father? Judicial practice often encounters mothers who want to take away from the former (mostly) husband all the “types” of the baby. But to realize the idea, you will have to collect a certain package of papers.
Documents for the claim
How to start?First of all, it is recommended to see what kind of case of deprivation of the rights to care for the child takes place. From this will depend directly on the list of documents attached to the claim. The following papers are mandatory:
- A lawsuit describing the position of the one who appeals to the court.
- ID (passport) of the plaintiff.
- Birth certificates of all children shared with the respondent.
- Documents confirming marriage / divorce.
- Help from the place of residence of children.
And then it all depends on the specific situation. In either case, the mother of the child will have to provide evidence of his position to the court. What exactly can this be? For example:
- Medical report of a narcologist / psychiatrist about the state of health of the minor’s father.
- Inquiries about the removal of beatings (both in relation to the mother and the child).
- Witness's testimonies.
- Documents issued by a child psychologist. They must confirm the psychological abuse of the child’s father.
- Court decision on coercion to pay alimony and the absence of these payments.
- The conclusion of the court on assigning a criminal conviction to a father under this or that article.
All documents are required to submit with the claimstatement in the original. You can use notarized copies. Further within 30 days the request will be considered. The court will set the date for the relevant meeting.
Sample Claim
This is exactly how parental rights are deprived.father's The statement of claim, a sample of which is presented below, is just a small template that can be used when writing a statement to the court. First, in the upper right corner, data is written about the judicial authority to which the appeal takes place. Then you can follow the pattern:
"I, Ivanova Maria Petrovna, born 12.02.1965, Ivanov's mother, Ivan Ivanovich, born September 15, 2001, with this statement, please remove my ex-husband, father of the child, Ivan Ivanovich Ivanov, born on August 24, 1965, from fulfilling parental obligations due to malignant non-payment of child support and child abuse.
August 15, 2014 Ivanov Ivan Igorevich arrivedin order to take a walk with my son on the playground. At 2:30 pm the same day, the neighbors saw my ex-husband repeatedly hit our son in the face. The child fell, hit the tunic and suffered a concussion and abrasion. A medical report and video taken by the neighbors are attached to this application. Also from September 28, 2013, Ivanov Ivan Igorevich evades paying alimony payments assigned to him earlier. Extracts from the account to which my ex-husband transferred alimony are attached as proof. A neighbor who saw what happened 15.08.2014 - Natalia Klimentyeva, residing at the address: Tula, ul. Ivan Susanin, house 12, apt. 64, tel. +79814655555. "
At the end of the application put the signature and date.Now you can wait for the father’s deprivation of parental rights. The sample presented earlier can be used as a template in almost any circumstance.
After trial
How to be after the trial?Now it only remains to delete the negligent father from the birth certificate. How to do it? The mother must have an opinion on the decision. If the minor dad has an additional criminal record, this certificate must also be obtained. We should not forget about the certificate of divorce, as well as the birth of minors. A mother's identity card is also a mandatory document that will be required in the future. The father’s deprivation of parental rights is almost fully completed. Judicial practice indicates that at first, as a rule, parents are restricted in their rights, and then they are completely taken away.
Further, with all the above papersshould contact the registrar. Employees will help write an application for amending the birth of the child (or children). Mother must pay the state duty - 350 rubles. Then show the receipt confirming this. After that, during the week you can pick up a new birth certificate, where there is no record of a careless father.
