Grounds for the deprivation of parental rights of the father: improper performance of parental responsibilities, psychological or physical violence, alcoholism and drug addiction

What are the grounds for depriving the father of parental rights ? This issue is of interest to many women who have not been in better relations with their ex-spouse. In the Russian legislation there are very many grounds for taking away the rights of a parent to a minor. In what cases is this possible? And how to achieve the realization of the idea in life? In fact, everything is not as difficult as it seems. The main thing is to know how to motivate your decision. It is enough to study the Family Code of the Russian Federation.

What is parental rights?

To begin with, it is necessary to understand what kind of notion there is at all and what parental rights are given. After all, each term in Russian legislation has its own definition.

We can say that the rights of parents are their responsibility for the child. They should be responsible for the acts of the minor, carry out his upbringing and provide proper care, which contributes to the proper development of the individual.

The rights in question are the responsibility of the parent for the child. Deprivation of paternity is quite common in recent times. And it happens for various reasons.

How can deny rights

The point is that the process under study is implemented in several ways. Which ones? In Russia, a biological father can refuse an underage child in the following ways:

• Through the court;
• Yourself;
• By transferring their obligations (usually the new spouse of the ex-wife).

Most often, it is the first variant of the development of events that takes place. And the citizen does not turn to the judicial bodies himself, but the mother of the minor does this for some reason or another. Under what circumstances can paternity be deprived? How to implement the idea in life? Especially when it comes to a court decision.

Improper performance of obligations

The first, but far from the most common reason why a father can be restricted and even deprived of his rights is the improper performance of parental responsibilities. It has already been said that parents are obliged to take responsibility for upbringing and development, as well as the welfare of the minor.

Accordingly, if the father does not cope with these points, you can take away his rights to care for the child. But it should be noted that the lack of earnings from a citizen is not a reason to suspect him of improper care.

This paragraph implies a few other options. For example, if a child is permanently injured due to the fact that his father did not follow the baby. Or when a minor starves, because the biological father is unable to feed him. It can be said that the pope does not cope with his obligations or carries them out in the wrong way.

Physical violence

What other reasons for the deprivation of parental rights of the father take place? In Article 69 of the Family Code of the Russian Federation there is an absolute list of cases in which one can realize the idea. The next option is much more common. After all, it is about physical violence.

Beating a child is not only an excuse to limit, and then completely deny, rights, but also a criminal offense. Therefore, for the assault, the guardianship agencies will necessarily file claims against the parents. Or to one of them.

Now even physical violence for educational purposes is prosecuted by law. This is beating the child. If the parents complain, they are first looked at by the guardianship authorities. Then a warning will follow. If the violence continues anyway, the restriction in parental rights will follow. And the last measure will be their deprivation.

The situations where the father is a domestic tyrant who practices physical violence are completely different. Then the mother of the child has the right to apply to the appropriate authorities so that the biological father is deprived of the opportunity to take care of the minor for assault.

Bullying of the spouse

But this is not all that can concern the task. The grounds for depriving the father of the father's rights are varied. Among them, one can single out physical violence not only over the minor, but also over the mother of the child. In any case, a domestic tyrant can either be restricted in rights or taken away completely.

Another reason why a minor's mother has a chance to deprive her of her father's rights is an attempt on the life and health of family members. In this issue, it is not the outcome that is important, but the very attempt. With him, you can contact the appropriate authorities to ensure that the biological father (or already the adopter) is deprived of the rights of the parent.

Abuse of rights

Generally in Russia now even the best father or the ideal mother can be deprived of parental rights. It is enough just not to observe the established norms of caring for a child. The next point, which can be traced in the Family Code of the Russian Federation with regard to cessation of parental responsibility, is the abuse of one's own authority.

Yes, it is necessary to educate minors. Moreover, their involvement in domestic affairs is allowed. But without abuse. Children's interests should also be taken into account. And the parent should not abuse his rights.

For example, if a minor is employed by a servant in a house that serves his father, this is abuse. But to ask the child to help, say, to wash dishes is the norm. Accordingly, it is also impossible to force a minor to do what he absolutely does not want. The exception is vital procedures. For example, swimming. But forcibly to give the child to the box, which the child does not care about, should not. This act can also be regarded as abuse of parental rights. And if the pope receives a complaint, the guardianship authorities will have to take a closer look at the family.

Alimony

Non-payment of alimony is another reason that allows the mother of the child to remove from the father all responsibility for the upbringing and care of a minor. Aliment liabilities are considered a parental duty. Especially when it comes to divorced parents. So, one spouse lives with a minor all the time. And he realizes education and care. And the second does it with the help of alimony.

If the parent-payer refuses to transfer money for the maintenance of the minor, it can be deprived of the rights of the parent definitively. Only in practice, they usually try to get payments first, then they restrict the rights of the parent. Only when malicious evasion of alimony, the father is deprived of the right to care for the minor finally.

Psychological abuse

Now, domestic tyrants can not use physical violence. It is recognized very quickly. And when stabbing a citizen can have problems much more serious than simply depriving the rights of the parent. Therefore, many choose a different path. Which one?

It's about psychological violence. Intimidation, threats, manipulation of their parental authority - all this negatively affects the development of the minor. The grounds for depriving the father of the father's rights include not only physical, but also psychological violence. Diagnosing it is more difficult, but you can do it. In this case, the father, most likely, will indeed be deprived of parental rights. After all, often psychological violence brings more harm than physical. Perhaps, this is one of the most common reasons for women to appeal to relevant authorities for help.

Alcoholism

Next are bad habits. Parents should not give children a bad example. And the presence of bad habits can play a cruel joke with his father. Especially if a person is accused of alcoholism. Even an innocuous recent photo, indicating the drinking of alcohol, may entail the deprivation of parental rights.

Usually, with appropriate applications, women apply if the husband drinks and can not stop. But it is recommended to reflect on the deprivation of parental rights and those who do not know how to control themselves after taking alcohol. This is also a good reason. After all, at such moments the citizen is able to apply physical violence to the child or his mother. And inability to control behavior after alcohol intoxication negatively affects the emotional and psychological development of the minor. This is a weighty argument that will help get rid of the negligent father.

Drugs

How to deprive a father of a person who has bad habits? Very simple. It is enough to make sure that these very habits are a dangerous dependency. With alcoholism, everything is clear. But deprivation of parental rights is also possible if the parent suffers from drug addiction.

This can include even a single case of taking drugs. Alcoholics and drug addicts are a priori unscrupulous parents. They are not able to provide proper care for the child. And finding with such personalities does not go to children for good.

Other dependencies

If the husband drinks, you can take away his parental rights. When a child's father takes drugs, this is also possible. But this is not the only dangerous dependencies. There are many more. The thing is that with any dependencies you can limit and deprive at all the parental rights of any parent.

For example, gambling has been widespread recently. And not necessarily real, virtual is also considered. Scientists have recognized that dependence on gadgets and computer games is as dangerous as drug addiction. Or alcoholism. Therefore, the mother will have every reason to think about how to deprive the father of a careless papa.

Order of treatment

What is the procedure for the deprivation of parental rights? What will it take to do this? The first stage is collecting evidence of the charge. After all, the action being studied has serious consequences. Therefore, we will have to somehow prove the accusations. For example, to remove beatings, call witnesses, provide the conclusion of a child psychologist. Once evidence is collected, you can file a complaint with the district court. The entire process of depriving parental rights is as follows:

1. Collection of evidence of charges.
2. Drawing up a statement of claim for the deprivation of parental rights of the father.
3. Invitation of witnesses (disinterested).
4. Participation in the judicial process with invited representatives of guardianship authorities.
5. Making a final decision.

The court can appeal not only to the mother of the minor. In Russia, with the appropriate complaint have the right to come:

• Guardians;
• Trustees;
• close relatives;
• Directly the mother of a minor;
• Any educational institution;
• Establishment of health care;
• The prosecutor;
• Bodies of guardianship and trusteeship.

In the district court will have to write a statement on the deprivation of parental rights of the father. After this, it remains to wait for the meeting. And participate in it.

The following documents are attached to the claim:

• Identification card of the person who makes the request;
• Birth certificate of a minor;
• Evidence of charges (photo, video, medical evidence, conclusions, beatings and so on);
• Certificate of marriage / divorce (if any);
• Papers confirming the assignment of alimony;
• Contacts of witnesses whose testimony can influence the course of the case.