Deprivation of the father of parental rights: judicial practice, sample of the statement of claim, grounds (Family Code)

In this article we will talk about what constitutes the procedure for depriving the father of parental rights. Judicial practice shows that most of the men suffer from this for one reason or another. The court often takes the side of the mother. But there are exceptions. In any case, the reasons for the 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 depriving the parents of their rights?

Terminology

The first step is to understand what kind of process is at stake. After all, this action entails a number of consequences, which in the future will affect the life of the baby.

The deprivation of the rights of legal representatives is the removal from the person of the responsibility for the implementation of care for the minor and for his maintenance. He ceases to be an official parent and can no longer raise a child. In fact, any legal and family relationship between a minor and a person deprived of human rights is interrupted. Citizens, from a legal point of view, simply become strangers to each other.

Reach an agreement

Depriving a father of parental rights (judicial practice is increasingly confronted with this situation) is a responsible business. Disassembly in the meeting room - this is the last stage. Maybe the biological father himself does not want to be responsible for the minor? Then you can avoid unnecessary problems. It is not necessary to go to court. It can be agreed that the child's father voluntarily renounces the minor. This practice is common when adopting a baby, for example, the new husband of a biological mother.

In this situation, the pope voluntarily deprives himself of parental rights. But this is by far not the most common scenario. The whole point is that if a parent is deprived of the right to raise a child, after the age of majority the child will not have to undertake to maintain the needy parent. Therefore, rarely who refuses such a chance. It is necessary to forcibly deprive the father of parental rights. Judicial practice very often faces this situation. It's just that, at the personal request of the mother, it is impossible to translate the idea into reality. For such a serious action you need good reasons. Which ones?

Addiction

What has deprivation of parental rights (father) grounds? The Family Code of the Russian Federation provides for several points that help mothers get rid of the careless dad and take away from him any opportunity to see the child. The first reason why you can go to court with the appropriate application is the presence of any dependence on the biological father of the baby. For example, alcoholism or drug addiction. Even gambling can serve as a basis.

The practice of depriving parents of their father's rights is very common. And in most cases, dependencies are the arguments for satisfying the statement of claim. If a person does not have any addiction, you should not be upset. Now the father can be removed formally from the performance of his duties on other occasions.

Abuse

What else should I pay attention to? What has deprivation of the father's parental rights? The Family Code of the Russian Federation indicates that abuse of one's parent's rights can also be a weighty argument for this. Initially, the father and mother must be protected by the protection of the freedoms and interests of the child. If they "press" the minor with their authority, do not take into account the opinion of their son or daughter, raise their hand, they will have to uphold the rights of the minor in court. And the careless parent will first be restricted in rights, and then completely deprived of them. This cause becomes the second serious reason that occurs in practice. But that's not all. Lately, more and more variants of the development of events have appeared more and more often.

Inadequate performance of duties

For example, the deprivation of the parental rights of the child's father can be due to the lack of proper fulfillment of the duties of upbringing and caring for the minor. This includes the refusal of the parent to take the baby without good reason from the hospital, as well as from other medical and educational organizations. Also, the actual lack of childcare entails the deprivation of the rights of the parent.

More often, there are situations in which the mother herself contains the baby, feeds and educates him, provides everything necessary. And the father is, but only by documents - in real life, he is in no way involved in the life of a minor. Such a parent can easily deny the rights to the baby.

Cruelty

What else can threaten deprivation of parental rights of the father? Judicial practice shows that the cruelty shown in relation to children, too often becomes the reason of the reference of mother to court. And no one can deny her. After all, children need to be protected. And if one of the parents poses a danger to the health and life of the youngster, it is required to deprive him of the rights of upbringing of the minor. A distinctive feature of cruelty is that not only physical injuries, but also psychological pressure on the child will be taken into account. All this allows the mother to apply to the judiciary.

Attack

What other reasons for doing the process under investigation conceals the Family Code? Deprivation of parental rights of the father can occur because of an attempt on the life and health of the child. If a citizen tried to kill or maim a minor, you can take away his rights to carry out care for the baby.

Also included here is an attack on the spouse. More precisely, the second parent. If the husband tried to maim his wife, the mother of the child, the first one, can be removed from fulfilling the parental obligations. Not the most common practice, but it takes place.

Alimony

For what else threatens to deprive the father of parental rights? Judicial practice indicates that recently one of the reasons for this act is evasion from maintenance obligations. And it does not matter whether the parents were married or they were never officially connected. Material support of a minor is the responsibility of both mother and father. They should equally care for the child, keep him.

Thus, if one of the parents (in this situation - the Pope) was ordered to pay alimony in various amounts, you will have to fulfill this obligation. Otherwise, the second parent is able to complain. As a result, the parental rights will be revoked. It's simple: the father did not fulfill his obligations of maintenance, so the child will be removed from the future in the future with material support from a needy, careless parent.

Previous conviction

It is possible to deprive the parental rights of the convicted father. Judicial practice is not very common, but it faces similar phenomena. In general, if a parent is accused of a crime, mostly criminal, you can limit his rights to the child. And if the offense has especially grave consequences - to deprive it of them definitively.

The presence of the pope in court in this situation is not required. It is possible to deprive the parental rights of the 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 does the father's parental rights happen? Judicial practice often encounters mothers who want to take away from the former (predominantly) husband all the "kinds" of the baby. But in order to implement the idea, you will have to collect a certain package of securities.

Documents for the claim

Where should I start? First of all, it is recommended to look at the specific case of deprivation of the right to care for the child. This will directly depend on the list of documents attached to the claim. The following documents are obligatory:

• A suit describing the position of the person who applies to the court with a request.
• Identity card (passport) of the plaintiff.
• Certificates of birth of all children who are common with the defendant.
• Documents confirming marriage / divorce.
• Certificate from the place of residence of children.

And then everything depends on the specific situation. In one way or another, the child's mother will have to present evidence of her position to the court. What exactly could it be? For example:

1. Medical conclusion of a narcologist / psychiatrist about the state of health of a minor's father.
2. Information about the removal of beatings (both in relation to the mother and the child).
3. Witness's testimonies.
4. Documents issued by a child psychologist. They must confirm the psychological abuse of the child's father.
5. The court decision on compulsion to pay alimony and the absence of these payments.
6. The conclusion of the court about the assignment of a juvenile criminal record to a father under a particular article.

All documents must be submitted together with the claim in the original. You can use notarized copies. Further within 30 days the request will be considered. The court will fix the day of the relevant meeting.

Sample of claim

This is how the deprivation of parental rights of the father takes place. The statement of claim, a sample of which is presented below, is just a small template that can be used when writing an application to a court. First, in the right upper corner, data are written about the judicial authority in which the appeal is being made. Then you can follow the pattern:

"I, Ivanova Maria Petrovna, born on 12.02.1965, the mother of Ivan Ivanovich Ivanov, born on September 15, 2001, hereby request that I remove my ex-husband, the child's father Ivan Ivanov, Ivanov, born on August 24, 1965, from fulfilling parental obligations because of malicious non-payment of alimony And because of child abuse.

August 15, 2014 Ivanov Ivan Igorevich came to walk with his son on the playground. At 14:30 the same day, the neighbors saw my ex-husband repeatedly hit our son in the face. The child fell, hit the tunic and received a concussion and abrasions. The medical report and the video footage taken by the neighbors are attached to this statement. Also from September 28, 2013, Ivanov Ivan Igorevich avoids paying the alimony that was assigned to him earlier. In the proof enclosed statements from the account, to which my ex-husband transferred alimony. A neighbor who saw the incident August 15, 2014 - Natalia Sergeevna Klimenteva, living at the address: Tula, ul. Ivan Susanin, house 12, apt. 64, tel. +79814655555. "

At the end of the application, the signature and date are put. Now we can wait for the father to lose his parental rights. The sample presented earlier can be used as a template almost in any circumstances.

After the trial

How to be after the trial? Now it remains only to delete the negligent father from the birth certificate. How to do it? The mother must have an opinion on the decision. If the papa of the minor has an additional conviction, this certificate must also be taken. Do not forget about the certificate of divorce, as well as the birth of minors. The mother's identity card is also a binding document that will be required in the future. The deprivation of the father of parental rights is almost complete. Judicial practice indicates that at first, as a rule, the parent is restricted in rights, and then completely deprived of them.

Further with all the above securities should contact the registry office. Employees will help to write an application for making changes to the birth certificate of the child (or children). The mother must pay the state fee - 350 rubles. Then show the receipt confirming this. After that, within a week you can pick up a new birth certificate, where there is no record of a negligent father.