Today, more and more often not only fathers but also mothers leave their children to fend for themselves and are removed from their education. There was a wrong opinion that those who for several years didn’t pay alimony, drug addicts and the people suffering from alcoholism can deprive of the parental rights.
What the law says
Deprivation of parental rights – the procedure is not easy, and the legal struggle for registration of documents can last several months. It is also worth noting that there are certain grounds for this, approved by the government. If you all decide to deprive one of the parents of parental rights before going to court, decide why you and your child need it.
Consequences of deprivation of rights
If one of the parents is deprived of parental rights, he loses the opportunity to:
raise their children;
to see son (daughter);
be interested in his success or problems at school, kindergarten and clinic;
something to allow or prohibit the child (for example, permission to travel abroad);
claim the inheritance for the child, while the latter will inherit the property of the parent in any case;
circumvent the law and not pay child support.
Deprivation of parental rights of one parent does not in any case apply to relatives on his part. For example, the grandfather and grandmother of the child do not lose the right to see him and help in providing.
It should be noted that after 6 months from the date of the court decision on the deprivation of parental rights, the spouse of the remaining parent has the right to further adopt a child.
In order for your case to be considered in court, you need to collect a full package of documents confirming the circumstances under which you intend to deprive the parent of the second parent.
List of documents
The child’s birth certificate.
Certificate of paternity.
A single housing document.
The document on payment of the state fee.
Proof of parent’s income:
certificate of employment;
certificate from the employer indicating the average wage;
other documents containing average on income.
Other available written evidence in the claim:
the court’s decision on the denial of termination of parental rights;
the court decision on recovery of alimony or the court order;
help court bailiffs to pay (in particular debt) child support;
references from educational institutions and medical organizations;
the verdict of the court (for example, for a crime).
According to article 69 of the Family code of the Russian Federation there are 6 grounds for termination of parental rights.
Evasion of parental responsibilities. This also includes malicious evasion of alimony. In this case, one of the parents who, for various reasons, repeatedly and systematically refuses to perform parental duty, which is expressed in the lack of care for children. This fact must be confirmed by documents, and the refusal of material support (evasion of alimony) is not necessary.
Refusal without good reason to take your child from the maternity hospital. If one of the parents refused to take the child from the maternity hospital, kindergarten, hospital, as well as from other social protection institutions, it also becomes a ground for deprivation of parental rights.
Abuse of parental rights. This basis refers to those parents who create conditions under which the child can not fully develop, receive education. It is also possible to deprive the rights if the parent teaches the child to use drugs and alcohol.
Extreme child abuse. This includes not only physical (beatings and any other infliction of physical suffering), but also psychological (threats, instilling a sense of fear, suppression of any will) superiority of the parent over the child.
Alcoholism and drug addiction. Systematic use of alcoholic beverages and drugs in the presence of children may be grounds for deprivation of parental rights. But this fact should be confirmed by the relevant medical report. And even if the defendant through the court of the parent finds incapacitated, he will still be deprived of rights.
Deliberate crime. If one of the parents committed a crime against the second half or harmed the health of the child, this is another reason for the deprivation of parental rights. In this case, it will be enough to bring a lawsuit in court, which confirms the crime.
It is possible to deprive of the parental rights only in a judicial order. Representatives of the law will begin to consider the case only after filing an application from one parent or from representatives of institutions that have been entrusted with the rights of guardianship of minors (guardianship authorities, commissions for minors, institutions for orphans).
In court during the process it is necessary to prove that the parent is really guilty and his behavior can not be changed for the better. It should be noted that parents deprived of parental rights are obliged if not completely, then at least partially to support the child. That is, they should take part in the costs of treatment, training and education.
If the child was abandoned by both parents at once, it falls automatically into the category of remaining without parental care. The same can happen if the other parent is unwilling or unable to take responsibility for the upbringing of the son (daughter). And also in cases where parental rights are deprived of a single mother or father raising a child without a mother.
Mirsovetov recalls that in the care of the guardianship of the child falls in the event that he was left alone or not possible to transfer it to another spouse (wife). A parent who has changed his mind and decided to adopt such a child again can do so only after six months from the date of the court decision on the deprivation of parental rights.
Together with the deprivation of parental rights, the court must also decide whether it is possible for parents to live with the child. The fact is that according to Art. 91 of the Housing code, a parent deprived of parental rights may be evicted from the house, without receiving other housing in return. This is decided by the judges, who considered cohabitation impossible.
If the apartment is owned by a child or one of the parents, the second, deprived of parental rights, may be evicted. Since he will no longer be considered a member of the family. But he has the right to stay in the apartment (house) only if the housing is owned in equal share with him and the child.
If the court decides that the child can not live with deprived of parental rights, he moved, but the right of ownership of the premises and the right of residence there is preserved for the entire time of absence of the child.
What is fraught with deprivation of rights
Often, people deprived of parental rights, about their children begin to remember in old age or when they lose their livelihoods. But if under normal conditions this can be called the care of younger about older and Vice versa, in this case it is a long-interrupted relationship between relatives through the fault of a parent who once refused to perform their duties. That is why adult children do not want to help their parents. But, anyway, children have the right to bequeath their property to such parents. And parents who are deprived of parental rights, everything else lose all the benefits (if any) paid by the state.
The restoration of the rights
As long as the court does not cancel its decision on deprivation of parental rights, they will not be restored. Thus, according to Art. 72 of the Family code of the Russian Federation, parents will be able to re-enter their parental rights if they have changed the behavior, lifestyle and (or) attitude to the upbringing of the child.
It is worth noting that the restoration of parental rights, as well as deprivation, is carried out in court. But for the court to begin to consider the case, one of the parents, who is deprived of parental rights, must write a statement. When considering the case in court, the guardianship authorities must be present.
Taking into account the opinion of the child, the court has the right to refuse to satisfy the claim of parents (one of them) for restoration of parental rights, if the child does not want it. Because the restoration of rights in respect of a child who has reached the age of ten years is possible only with his consent. It is worth noting that the restoration of parental rights, if the child is adopted and adoption is not canceled, is not allowed.
Before you go to such a serious step as deprivation of parental rights, think a few times, weigh the pros and cons. Perhaps, on reflection, you will abandon your thought. After all, parents should first of all take care of the child, try to do so that in the future he was happy and loved, and this is possible only in a full-fledged family.