How to deprive the father of parental rights

Parental rights are a set of rights, parents' duties before minor children. If someone from his parents evade their direct duties, it is possible to deprive his parental rights through the court.

Both parents are equally obliged to educate children, take care of their health, full-fledged development: mental, physical, moral, spiritual. Also, parents must provide children to obtain basic general education. The methods of education do not allow cruel, coarse, dismantling, offensive, degrading to the child, its operation. Parents make a decision to raise children together, but if there are significant differences, any of the parents can contact the guardianship and guardianship authority (or in court) with a statement about their resolution. In most cases, it is a father who does not fulfill parental rights, which leads to the need for a trial of this regard.

To apply for the deprivation of parental parents, the mother of the child may be; a person replacing it; prosecutor; Employees of institutions, bodies that are responsible for the protection of children's rights.

The basis for submitting an application for the deprivation of parental rights of the Father may be:

evasion from parental duties (for example, from paying alimony);
ill-treatment of a child, physical, mental violence, attempt on sexual integrity;
committing a deliberate crime against the health, child's life or spouse;
drug addiction, chronic alcoholism;
refusal to take a child from maternity hospital, medical institutions, educational institutions, institutions of social protection, etc. without a valid reason;
abuse of parental rights (obstacle to the meeting of the child with the second parent, ban on traveling abroad).

The statement of claim is submitted to the district court at the place of residence of the defendant, be sure to be in writing. This statement should include such data:

the name of the court (where the application is filed);
the plaintiff's data, place of residence;
representative's data, its address (when the application is filed by the representative);
respondent data, place of residence;
the essence of the statement: what exactly is the violation of the rights, the interests of the plaintiff, his requirements;
evidence confirming the circumstances on the basis of which the plaintiff submits a statement;
list of attached documents.

The statement of claim is signed by the plaintiff (or his representative, then a copy of the relevant power of attorney is attached).

Together with the statement of claim serve:

the required number of copies of the application (by the number of respondents, third parties);
receipt of the payment of state duty in the amount of 100 rubles;
confirming documents and copies of their copies for third parties, respondents (for example, a certificate from the bailiff, which confirms the evasion of alimony, certificate from the injury, the fact of the police call, so on.);
a copy of the certificate of marriage (its termination);
a copy of the child's birth certificate;
help from the place of residence of the child.

If there is information that the child is dangerous to remain with his father, but the data are not confirmed by anything, the Court may decide on the restriction of parental rights for half a year (and not about their deprivation), after which will again consider the case. Also, the restriction of parental rights is possible in the case of a mental disorder of the parent, chronic disease, the coincidence of circumstances is, that is, if there are reasons that do not depend on the person, but can threaten the security of the child.

The deprivation of parental rights does not affect his duties on the maintenance of the child, the hereditary rights of the child in the future. If the father, devoid of parental rights, will change attitudes towards the child, lifestyle, he can restore his parental rights.

Comments leave a comment

Anastasia Viktorovna 02/23/2015 at 16:42.

Sadly, such situations because of which the parent is deprived of the rights to the child, there is a lot ((and no matter how sad it sounds suffering from the children.

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