Unfortunately, in today's worldcivil judges and guardianship authorities have to deal with such a concept as deprivation of parental rights. A large number of divorced women increasingly turn to lawyers with the question of how to deprive a father of parental rights. Also, sometimes, rarely, but still, the question arises of how to deprive a mother of parental rights. Deprivation of parental rights is not an easy matter. What do you need to know about such a process as deprivation of parental rights and how this procedure should be carried out? Is it necessary to resort to the services of a lawyer or can you cope with such a matter as deprivation of parental rights on your own? To answer this question, carefully read this article, which describes in detail the deprivation of parental rights. Knowing such information will help you avoid unnecessary worries and loss of time. The first thing that needs to be identified is the circle of persons who have the right to file a lawsuit in a civil court. Such a list is established by Article 70 of the Family Code of the Russian Federation:

• Mother or father. The fact with whom the child lives together at the moment is of no importance. The initiator of such a process, as deprivation of parental rights, can equally serve both parents.
• Persons who formally replace parents - foster parents, trustees, guardians.
• The bodies whose function is the protection of the rights of the child. The bodies of guardianship, guardianship, boarding houses, orphanages.
• Commission for the Affairs of Minors (Inspection PDN).
• The prosecutor can also initiate the deprivation of parental rights.

Contrary to popular belief,The child's relatives - grandparents, aunts, uncles, etc. - do not have the right to apply to the court with a claim for deprivation of parental rights. The only thing they can do is to apply to the guardianship and trusteeship authorities with a statement that immediate measures be taken to protect the rights and interests of the child. The guardianship and trusteeship authorities are obliged to consider the application within three days, conduct an investigation and take the necessary measures, if they are needed. Why do civil judges increasingly have to deal with claims for deprivation of parental rights? As a rule, in each specific case, in each family there are their own motivations for such an action. However, almost all reasons can be divided into three specific categories, which are described below:

• Very often one of the parents suesdeprivation of parental rights in order to be able to eliminate the existing obstacle in the form of a second parent for the adoption of the child by his step-mother or stepmother.
• Also very often the claim for deprivationparental rights of those parents who never showed any concern for the child and did not provide it financially. This is done so that in the future the careless parent does not have the opportunity to demand from an adult child material maintenance.
• Deprivation of the rights of parents leading an antisocial way of life and posing a threat to the physical and emotional state of the child.

How serious are such grounds fordeprivation of parental rights? If in the case when parents pose a serious real threat to their child, the need to deprive parental rights is not in doubt, then the first two reasons do not always cause the need to resort to such radical measures. If the parent with whom the child lives remarries and the stepfather or stepmother wants to adopt the child, deprivation of parental rights is not always necessary. Contact your local guardianship and trusteeship authorities - employees will tell you the principle of the adoption procedure in such cases. In the same case, if the parent does not take any part in the life and upbringing of the child, does not help him financially, in order to protect the child, after he grows up, from demands for alimony payments to the elderly parent, deprivation of rights is also not necessary. If, having become an adult, the child receives such a demand, he will need to file a lawsuit in court. If the court establishes that the parent did not participate in the upbringing and maintenance of the child, the child will be released from the obligation to support the disabled parent. If the case is about deprivation and restriction of parental rights, the defendant in this case can be both parents or one of them. In some cases, one parent is deprived of parental rights, and the other is limited in rights. The Family Code provides for the possibility of filing a claim for deprivation of parental rights by the parents of a child who has not reached the age of sixteen at the time of filing the claim. The procedure for deprivation of parental rights is standard. A claim for deprivation of parental rights is filed at the place of permanent residence of the defendant. In the same case, if it is not possible to reliably establish his place of residence, the claim is filed at the place of the last known place of residence of the parent - the defendant, or at the place where his things are located. Since it is often impossible to establish the location of the defendant, most often the father, a double claim is filed - both for deprivation of parental rights and for the appointment of alimony. Such a claim can be filed at the father's place of residence, and he will be declared wanted due to non-payment of alimony. Deprivation of parental rights and alimony are often considered within the framework of a single trial.

Documents required for the deprivation of parental rights

In case deprivation is necessaryparental rights of a foreigner, the procedure must be carried out in accordance with the legislation of the country in which the child permanently resides. This provision is regulated by paragraph one of Article 32 of the Convention on Legal Assistance in Civil and Family Matters. Anyone who files an application for deprivation of parental rights is obliged to strictly follow the requirements regarding the content and form of filing a claim. It is imperative to realistically assess how appropriate it is to deprive parental rights in a particular case, whether it is possible to do without it. There is a list of documents that must be submitted to the court along with the lawsuit:

• A certificate of the birth of a child, or of all children in respect of which there is a question of deprivation of parental rights.
• A certificate of marriage or its dissolution, if the marriage was officially registered.
• The act of examining the living conditions of the child and each of the parents.
• Information on registration of parents and their child in form 9.
• A reference on the characteristics of the living quarters of eachfrom the parents issued under Form 7. Inquiries on Forms 7 and 9 are simply necessary if there are reasons to believe that the child will not live at the address of his permanent registration but in the rented dwelling or in the dwelling of the parent with whom he will reside .
• Documents confirming the right of parents to use a dwelling. This may be a certificate of state registration of property or a lease on housing.
• Personal characteristics obtained at the place of work of the defendant.
• Personal characteristics obtained at the place of work of the plaintiff.
• In the event that the defendant suffers from alcoholismor drug addiction, it is necessary to provide documentary evidence of this fact to the court - a medical report obtained from a drug addiction clinic.
• Any other documents that somehow confirm any inadequate and antisocial behavior of the defendant.
• Also need to be submitted for considerationcourt documents confirming the financial situation of both the plaintiff and the defendant. Such documents can be: a certificate on form 2 of personal income tax from the work of the parent, which must be taken in the bookkeeping of your company.
• It is also necessary to provide the court with a fullreliable information, documented on all types of sources of income available to parents. This may be additional earnings, income from rented housing, interest deposits in banks and so on.

If the procedure for deprivation of parental rights is initiated due to a threat to the health and safety of the child, the following documents are required:

• If there has been ill-treatment of a child, it is necessary to provide documents confirming this fact.
• If there has been a deliberate crime directed against a child or other family members, the court must provide documents confirming this fact.
• Also on the review of the court it is necessary to submitpersonal characteristics from the child's place of study, in which teachers should reflect the level of the child's overall development, his psycho-emotional state, and also the fact which parent is more likely to raise a child.
• The plaintiff must take care to take all the necessary information from his district inspector.
• It is also necessary to submit to the court documents,which confirm the fact of voluntary renunciation of the child. It may be a refusal to take him from a maternity hospital, an educational institution, social protection agencies, etc.

If the defendant does not participate in the financial support of his minor child, the plaintiff must provide the court with:

• In the event that the recovery of alimony occurred through the court, a copy of the court decision on the recovery of alimony.
• A copy of the writ of execution concerning the recovery of alimony.
• Also need to produce a certificate of sizeowed on alimony, which must be obtained from the bailiff service. However, this is possible only if the alimony was collected through the court, or the court has already been sued for enforcing the alimony from the defendant.
• In the event that the defendant is on the wanted list, as a malicious defaulter of alimony, the plaintiff must also present a certificate about this, which can also be taken in the bailiff service.

In the event that the mother filed a lawsuit for deprivationparental rights of the father, the application must be written in compliance with certain requirements. As a rule, the court always has samples of such applications, however, just in case, the main points that must be described in the application are described below:

• In the header of the application it is necessary to indicate the name of the court in which the plaintiff submits the application.
• Also in the header must be indicated the claimant, his name (if it is not a private person), the address of the defendant and his telephone number.
• In the statement itself, it is necessary to describe what exactly is the non-fulfillment of one's parental responsibilities by the defendant.
• It is necessary to describe the circumstances of what is happening and the evidence of these facts.
• At the end of the application it is necessary to indicate the list of all documents attached to the application.
• Also at the bottom of the application you must put the date of his filing and your signature.

These are the main documents for deprivationparental rights. It is possible that in a particular case some additional documents will be required, so the plaintiff must find out about this in advance. In the event that the reasons for deprivation of parental rights pose a real threat to the health and even life of the child, the guardianship and trusteeship authorities are forced to remove the child from the family even before the court decision on deprivation of parental rights. If the claim is filed only against one of the parents, the child's place of residence until the court's decision is determined with the other parent.

Course of judicial investigation

During the trial, the judge will deal withfinding out how exactly both parties – the plaintiff and the defendant – relate to the performance of their parental responsibilities. This explains the fact that the second parent is often brought into the trial as a third party. If, during the trial, the court deems it necessary to limit the rights of the second parent, it will issue a ruling to the guardianship and trusteeship authorities, which obliges them to file a claim for deprivation or limitation of parental rights of the second parent. When deprivation of parental rights is carried out with respect to a child over three years of age, the child also has the right to be heard during the trial. Russian legislation does not contain any indication of what the minimum age limit should be. The UN Convention on the Rights of the Child states the following on this matter. A child who is able to formulate his or her attitude to this issue may be heard during the trial, in which his or her personal interests are affected. However, it is important to remember that the process of deprivation of parental rights allows for the child's opinion to be heard in order to obtain a more objective assessment, but is not obliged to take his or her opinion into account. And only after the child reaches the age of ten is his or her opinion taken into account by the court when making a decision. However, in any case, the child's opinion must be heard. And if for some reason it is not taken into account, the court must justify the refusal in writing. The reasons why the child's wishes were not taken into account must be reflected in the course of the trial. The child's questioning does not necessarily have to be conducted during an official meeting. The child's opinion can be clarified in advance by teachers or guardianship and trusteeship authorities. If the defendant is well aware of the consequences of deprivation of parental rights and does not want to lose them, he or she must cooperate with the court. He or she can promise to immediately begin treatment for alcoholism or drug addiction, get a job, stop leading an asocial lifestyle, and devote more time to the child. In such a case, the court may postpone the consideration of the case for a certain period of time, necessary for the defendant to correct the situation.

Consequences of deprivation of rights

It is very widespread among the population.a misconception that deprivation of parental rights entails a complete loss of contact with the child. However, this is not true at all - if parents are deprived of parental rights, this does not mean at all that they are released from the obligation to support their child. As mentioned above, along with a claim for deprivation of parental rights, as a rule, a claim for alimony for the maintenance of a minor child is filed. However, in some cases, such a claim may be absent. In such a case, the court may go beyond the scope of the claim and independently decide to assign alimony to the defendant deprived of parental rights for the maintenance of the child until he or she reaches adulthood. After parents are deprived of their parental rights, the family and legal status of both children and parents changes. However, the information in the civil status records does not change, just as no notes are made in the parents' documents indicating that they have been deprived of parental rights. If the parents are not conscientious and decent, they may subsequently use their parental rights, which they have already been deprived of. It is in order to avoid such situations that the court is obliged to notify the civil registry office in writing within three working days from the date of entry into force of the court decision on deprivation of parental rights. After that, they will make the necessary corresponding note in the child's birth certificate. It is also worth mentioning the eviction of parents deprived of parental rights. In the event that both the parent deprived of parental rights and the child live together in non-privatized housing, and the court concludes that cohabitation is impossible, the parent deprived of rights can be evicted without providing alternative housing. In the same case, if the apartment is in equal shares of ownership, both the child and the parent, eviction of the parent becomes impossible. In this case, the child must be evicted. However, the child retains the right of ownership for life. Moreover, even if parents are deprived of parental rights, after their death their children remain the first-order heirs.

Limitation of parental rights

In addition to depriving parental rights, the court mayrestrict them. In some cases, a petition to deprive parental rights may be rejected by the court, and a decision to restrict parental rights may be made instead. Restriction of parental rights is issued in cases where leaving a child with one or both parents may be dangerous for the child, but there are insufficient grounds for depriving parental rights in full. The court may also temporarily restrict the parental rights of a parent who has committed certain offenses for reasons beyond his or her control, such as a mental disorder or a confluence of difficult life circumstances. As a rule, restriction of parental rights is issued for a period of up to 6 months. If, upon expiration of this period, the parent does not repeat the previous behavior and properly fulfills his or her parental responsibilities, parental rights may be restored in full. If there is no positive dynamics in the parent's behavior - he or she continues to drink, lead an asocial lifestyle, or does not take any part in the child's life - he or she will most likely be deprived of parental rights. It is also worth remembering that if the guardianship and trusteeship authorities consider that the parents pose a danger to their child, they can take the child away from them even before the court decision on deprivation of parental rights and file this claim early. The restriction of parental rights consists of the following:

• If the parent is restricted in his parentrights, he loses the opportunity to raise a child personally. In the same case, if the restriction of rights affects both parents, the child, for the time being until the final decision is taken, is transferred to the custody of the state.
• The rights-limited parent loses allmonetary payments of the state for the maintenance of the child - a one-time birth allowance, monthly payments of childcare allowances up to one and a half years, a monthly allowance for a child before reaching the age of majority.
• All of the above is equally true of the benefits that families with large families have.

Just like in the case of deprivation of parental rightsrights, when such rights are limited, the parents do not lose their obligations to support the child. In addition, the child retains his or her property rights based on kinship with the parents and other relatives. In the event that parents whose rights are limited want to communicate with their children, they may be allowed to contact the child. However, this is only possible if the parents do not exert the slightest negative influence on their child. Meetings with children are possible only with the permission of the guardianship and trusteeship authorities, or the guardian, or the adoptive parents, or the administration of the children's institution in which the child will be located.

Deprivation of parental rights. Special cases

In life, situations very often arise,which are difficult to fit into a standard framework. Below we will consider some special cases in which it is necessary to deprive parental rights. The first thing that needs to be mentioned is the deprivation of parental rights of a single mother. Very often, a woman believes that this is much more difficult to do. However, in reality, a single mother does not have any other advantages, except for additional benefits and cash payments. First, let's figure out who has the right to the title of single mother:

• If a woman gives birth and brings up a child, is not married, and the fatherhood of the child has not been formally established properly in the bodies of the REGISTRY OFFICE or by a court decision.
• If a woman gave birth to her child 300 days after the day of divorce.
• Also, if the husband's husband was recorded by the father, but the paternity was contested in court, and the court's decision that the spouse is not the father of the child has already entered into legal force.
• In addition, the status of a single mother is obtained by a woman who adopted a child and who was not officially married at the time of adoption.

Deprivation of parental rights of a single motheroccurs according to a standard scheme and is absolutely no different. The grounds for depriving a mother of parental rights are the same as those that apply to any parent:

• Evasion of the mother from fulfilling her maternal duties for the upbringing and maintenance of her child.
• Refusal to take away their child from the maternity hospital, the institution of social protection of the population and other similar organizations without valid reasons.
• If a woman systematically abuses her parental rights.
• If a woman is a danger to the child's physical or mental health.
• If a woman suffers from chronic alcoholism or drug addiction.
• If a woman commits a premeditated crime against her child or other relative.

Deprivation of the parental rights of the convicted parent

Also very often women are interested in deprivationparental rights of a convicted father. It is a common misconception that if deprivation of parental rights is necessary, jurisdiction serves as a sufficiently compelling basis. However, if the father's crime was not directed against the child or relatives, and the father performed his duties properly before being taken into custody, imprisonment cannot serve as a basis for deprivation of parental rights. However, it is important to remember that even imprisonment does not relieve the father from the need to support his children. In places of detention, convicted persons have the opportunity to work and earn money, from which alimony payments will be made. And if the father does not do this, the mother has the right to go to court with a claim for deprivation of parental rights on the basis of evasion of alimony payments.

Voluntary renunciation of parental rights

There is a popular concept calledvoluntary deprivation of parental rights. In some cases, such information can be heard even from employees of the guardianship and trusteeship authorities. However, according to the laws of the Family Code of the Russian Federation, such a concept as consent to deprivation of parental rights does not exist. Deprivation of parental rights can only occur by a court decision. Of course, a parent can write a notarized consent to deprivation of parental rights and attach it to the lawsuit for consideration. However, if deprivation of parental rights is necessary for subsequent adoption or registration of guardianship by a third party, a notarized consent of the parent to this will be quite sufficient. After all, it is according to this principle that a mother refuses her newborn child in the maternity hospital, after which the child can be adopted.

Custody without deprivation of parental rights

No less often, parents ask the question of whether guardianship is possible without depriving parental rights. Usually, the need for it arises in cases where:

• Parents suffer from a serious illness that does not allow them to properly fulfill their parental responsibilities.
• Parents are for some reason forced to be absent for a long time: work associated with long business trips, departure for family reasons.

Parents and the prospective guardian mustapply to the local guardianship and trusteeship authorities with the relevant application. Remember that guardianship without deprivation of parental rights does not entail any financial payments from the state, since the responsibility for supporting the child remains with the parents. In addition, parents must approach the issue of choosing a guardian for their child extremely responsibly. There are a number of requirements of the guardianship and trusteeship authorities for the guardian. You can learn more about this from the local guardianship and trusteeship authority. The team of our portal sincerely wishes that you never have to apply the knowledge you have gained in practice. However, life is sometimes absolutely unpredictable, so it is still worth taking the information you received today into service. After all, forewarned is forearmed! We recommend reading:

Comments

comments