The most severe liability for parents is the deprivation of their parental rights. It is the responsibility of one or two parents for unlawful acts against their own child.
The measure can be applied to both sides: father and mother. But more often they deprive the parental rights of fathers.
If the father ceases to participate in the life of his child, does not want to meet with him or sees him rarely enough, but does not intend to renounce his rights, the mother can take appropriate measures.
We will consider how to deprive a father of parental rights without his consent, and also what can be deprived of his rights in 2019.
Deprivation of parental rights is regulated by Articles 69-72 of the Family Code of the Russian Federation.
In addition to the deprivation of rights, the law provides for other severe sanctions applicable to parents:
- restriction of parental rights,
- the selection of the child, if there is a threat to his life, health.
Each of these punishments is aimed at protecting the interests of children under the age of majority, depending on the severity of the offenses committed by the father in relation to his child.
Each of the envisaged sanctions is applied to the father in relation to children who are not yet 18 years old.
Parents do not lose their rights with respect to adult children, they are not limited.
Deprivation of parental rights - the complete interruption of family relations between a parent and his biological children, the loss of all their obligations to a father deprived of parental rights in cases stipulated by law:
- maintenance of parents who have lost their ability to work,
- the right to inherit (if the child died),
- the right to receive various benefits and allowances that are provided for citizens with children,
- the right to influence or control the place of residence of children.
A father who is deprived of his rights is ill; he cannot use the property belonging to the child or dispose of it.
The decision to deprive the father of his rights is made only in court. Most parents lose their rights precisely by the court. But sometimes the father voluntarily abandons the child after an agreement with the second parent.
It is a common misconception that only fathers who abuse alcohol, drugs or for a long time shy away from child support are deprived of parental rights.
The grounds for the deprivation of rights are governed by Article 69 of the UK:
Many mothers wonder if it is possible to deprive a father of parental rights if he does not pay child support. Article 69 also provides that they can be deprived of their rights for malicious evasion of alimony.
All issues related to the grounds and procedure are detailed in the Family Code. Within the meaning of Article 47, these rights arise immediately after the birth of the child (or adoption of the family).
Moreover, both father and mother have the same rights and duties.
The responsibilities are mainly as follows:
- directly the content (up to coming of age),
- educational assistance,
- representation of legitimate interests - for example, in the courts, in law enforcement, in transactions, etc.
The rights of parents are also extensive:
- they alone can live with the child and at any time can prevent him from communicating with relatives and loved ones (for example, grandparents, uncles, aunts),
- receiving any information about the learning outcomes (in kindergarten, school),
- obtaining information regarding the health of the child, etc.
There are 2 ways to lose parental rights:
- The child becomes an adult (from 18 years old) - i.e. legally competent. Partial legal capacity occurs 4 years earlier - for example, at the age of 14, a teenager can do certain types of work, drive a bicycle while driving on highways.
- Rights terminate in connection with a court decision.
Thus, the answer to the question of how to deprive a father of parental rights is going to court.
The difference between parental and maintenance rights should be understood. The latter are associated only with the mandatory maintenance of the child, but do not imply direct participation in the upbringing, representation of legitimate interests. Moreover, the obligation to pay child support alone does not deprive the father or mother of the right to see and communicate with the child, and to influence his upbringing.
Grounds for depriving a father of parental rights
The process takes place exclusively in court. They can start the procedure:
- any parent
- government agency of custody,
- the prosecutor
- the child himself, if he is already 14 years old.
Rights may be terminated only in the most serious cases that require mandatory evidence by all legal means. The grounds are described in Article 69 of the Family Code:
- Constant evasion of upbringing, promotion of education, maintenance of children, lack of concern for their physical and psychological state, health, etc. In particular, the constant evasion of child support without any good reason.
- Parents do not pick up the child from the medical organization, as well as from other institutions where he is temporarily detained (for example, after the loss of father or mother).
- Abuse of law - i.e. creation of unfavorable living conditions for children, for example, deliberate obstruction of education. The upbringing and development of negative qualities is the desire for theft, prostitution, drinking alcohol, drugs and other pronounced elements of a dysfunctional lifestyle.
- Cruel methods of communication and education - i.e. physical and / or psychological abuse. Attempt or action against the child’s sexual integrity, any sexual activity.
- A deliberate crime against a child (regardless of the reasons and circumstances), as well as against a spouse.
- The presence of diseases in the father or mother that preclude the possibility of raising a child in safe, normal conditions - first of all, we are talking about alcoholism and drug addiction.
In all cases, the party opposing the father must proceed from these very grounds, and also understand that in court it is necessary to substantiate their position with appropriate evidence.
How deprivation occurs: step by step instructions
After the mother decided to deprive the father of parental rights, she appeals to the district court (or city), which corresponds to the place of residence of the father. If for some reason this place cannot be determined (for example, the spouse is missing), they turn to their district court.
In general terms, the procedure for depriving a father of parental rights looks like this:
- First, the mother collects the necessary documentary evidence. First of all, you must contact your local guardianship authority. Representatives personally come to the house, draw up an act of examination of the conditions, identify violations. Any other papers that somehow characterize the father as a dysfunctional person adversely affecting the child can be attached to the evidence.
- The mother initiates the procedure and files a lawsuit against the father of the child along with relevant documents confirming the basis of such a decision.
- The court considers the case, and the plaintiff, as well as the prosecutor and the representative of the guardianship authority, are always present at the court. The presence of a father is optional, i.e. a decision may be made in absentia if the court considers that the evidence base is sufficient for the deprivation of rights.
- After a positive decision is made (if the defendant is not going to appeal it), the court within 3 business days sends a copy to the registry office, where they make an appropriate record about the loss of father’s rights.
How to substantiate your position
How to deprive a father of parental rights and substantiate his position? To do this, attract as much evidence as possible. It all depends on the specific case. For example, in the case of obvious reasons - the father is recognized as a drug addict, is serving a term for a serious crime, has committed a criminal act against a mother or child, deprivation occurs unconditionally, since there is an obvious violation of the rights of the child or mother.
And in situations where, for example, the father prevents the child from traveling as part of the sports team abroad (which can be interpreted as creating obstacles to the development of children) or negatively (from the point of view of the mother) affects the formation of the beliefs of the son or daughter, to prove the existence of grounds from the article 69 SK is pretty hard.
In the general case, we can name the following types of evidence:
- Any information relating to the commission of unlawful acts by the father - protocols of law enforcement bodies, witness testimonies of neighbors, characteristics from work, court decisions (if any).
- Any medical certificates confirming the presence of serious diseases (alcoholism, drug addiction), excluding the possibility of raising children.
- Video, audio, photo materials that confirm the fact of abuse of the child and / or mother.
If the situation is ambiguous, then it is better for mothers to turn to professional lawyers for help, because otherwise there is a high probability of losing the process.
Statement of claim sample 2019
A standard sample application to the court contains the following information:
- The “heading” indicates not only the full name, address, contact details of the plaintiff and defendant, but also the representative of the guardianship authority and the prosecutor, who always act as parties to such court cases.
- In the text of the statement, the plaintiff briefly describes the grounds for depriving her parental rights, why the mother decided to speak out against her father - the specific circumstances that prompt her to this action.
- Further, after the word “I ask,” they write down their request on points. Usually it consists not only in deprivation, but also in the transfer of children to education, as well as the payment of alimony, moral and / or material harm.
- At the end indicate applications - i.e. the documents that are attached in evidence to this statement (quantity, original or copy), put the date, signature, transcript of the signature (surname, initials).
The list of grounds on which the mother can oppose the father and begin the process of depriving him of parental rights is exhausted in article 69 of the UK. However, the question of how to deprive a father of parental rights in some separate real situations remains open, the answers to the most common ones are given below.
Deprivation and restriction of rights
There is a difference between these phenomena in terms of legal consequences. Cases of restriction are treated in exactly the same way, but the reasons for this are different. The court may limit the father's rights in those cases if the continued stay of the child with him is dangerous for his (child's) life. For example, the father suffers from a mental disorder, another serious illness (excluding alcoholism and drug addiction).
A restriction of rights does not amount to deprivation - i.e. although it is forbidden for the parent to raise a son or daughter, but he continues to bear an obligation for his / her maintenance. Even if the father is recognized as disabled (of any group), part of his pension will be withheld in favor of paying alimony.
Deprivation and payment of alimony
Parental rights have specific features compared to others (for example, ownership): even if deprivation has occurred, this does not mean that he is exempted from the obligation to pay child support. Also, the child retains certain property rights (use or ownership of part of the apartment, inheritance upon occurrence of the relevant case).
Restoration of rights
Deprivation of parental rights does not occur forever - i.e. theoretically and practically a return to the previous state of affairs is possible. It also happens in court. And this time, it will be the father’s duty to prove that he has adjusted his lifestyle and will now be able to adequately educate and influence his son or daughter well.
Many women believe that all the fuss associated with this procedure is meaningless.
They continue to engage in the upbringing and maintenance of minors alone, not recalling the existence of a father.
Meanwhile, for children, such inaction can turn into problems. A careless father can:
- In old age or when disability occurs, receive alimony from your child.
- Become the heir to the first stage.
- Impose a ban on the departure of a minor abroad.
- Unhindered communication with the child, which often leads to serious psychological problems.
Grounds for deprivation of parental rights
Why can a father be deprived of parental rights? The list is fixed in the IC of the Russian Federation (Article 69):
- Evasion of duties.
- Abuse of rights.
- Cruel treatment.
- Physical or psychological abuse of a child.
- Refusal to pick up a child from a specialized government agency.
- A crime that harms the health of a child or mother.
- All forms of addiction.
The presence of facts is proved by documentary and testimony. The lack of material content can be proved only if the mother filed documents for child support and does not receive them from 6 months or more.
The hardest thing to prove is addiction, especially when separated. Often, daddies do not claim a child, so they can voluntarily abandon him. In such situations, it is advisable to act through the guardianship authorities, they will analyze the evidence.
Guardianship authorities conduct checks of family circumstances, request characteristics of the educational institution that children attend. All the circumstances studied are documented and subsequently used at court hearings.
Deprivation of Parental Rights
How to deprive a child’s father of parental rights and what is needed for this? Where to start the deprivation of parental rights of the father?
The process begins with the preparation of evidence and their subsequent presentation together with a statement to the court at the place of registration of the defendant.
If the reason is the fact of violence or harm to health, they initially contact the police to initiate criminal proceedings.
It is necessary to fix the crime on the part of the father with the appropriate protocol. MIA officers may institute proceedings or refuse the applicant.
If the applicant considers the refusal unfounded, a complaint should be written to the prosecutor. As a result of the consideration, a guilty verdict is issued, which is the basis for depriving the father of his rights. Meetings in such cases are held with the participation of guardianship authorities.
The procedure for conducting the procedure is enshrined in article 70 of the RF IC.
The lawsuit is filed by the mother, the prosecutor, guardianship authorities. Relatives do not have the right to initiate the process; they can petition state bodies for filing a lawsuit.
If the father evades child support, the procedure is carried out with the participation of the bailiff service. A case of an administrative violation is filed against a malicious deadbeat, which is referred to the court. The decision on the forced payment of alimony under article 157 of the Criminal Code of the Russian Federation will serve as the basis for the deprivation of parental rights.
If the child is 10 years old, he is required to familiarize himself with the lawsuit. The child participates in the meeting, his opinion is taken into account when making the decision.
The course of the process itself depends on the attitude towards the deprivation of the rights of the father himself. With the consent of the man to the procedure, the process will take place according to a simplified scheme.
The basis for a positive decision is a package of documents proving the defendant’s guilt and serving as the basis for initiating the process. The composition of the package is as follows:
1. The main group:
- birth certificate,
- divorce certificate (or marriage),
- extract from the house book,
- state duty receipt.
2. Evidence base. The type of documents depends on the grounds on which the lawsuit is filed:
- certificate of non-payment of alimony,
- references and explanations from the OS,
- father’s consent to deprivation (if any),
- health certificates
- reports of offenses,
- acts of guardianship authorities,
- court decision in a criminal case,
- witness statements
- explanations of officials.
This list is an example. The judge may request other documents necessary for making a decision on the claim.
Statement of claim
There is no special form of the document; it is prepared in accordance with the general procedural rules in writing, in accordance with Article 131 of the Code of Civil Procedure.
According to the standard, the document contains the following items:
- The name of the court.
- The data of the applicant and the defendant.
- Applicant's requirements.
- Grounds of action.
- Proof of.
- List of applications.
Заявление подаётся лично или доверенным лицом. Возможно направление в адрес суда заказным письмом с описью и уведомлением.
Варианты развития событий
Судебное заседание может проходить как в присутствии ответчика, так и без его участия. Each option has its pros and cons:
- When the father comes to the meeting and actively objects, serious preparation for the process will be required with the expenditure of a mass of his own forces. Often the court does not deprive the parent of paternity, but temporarily limits his rights. If the father’s behavior does not change over the allotted time, the court permanently deprives him of parental rights.
- If the defendant fails to appear, the hearing is adjourned up to several times. The process is delayed, but the mother receives additional arguments in her favor. After unsuccessful attempts to contact the defendant, the court takes a positive decision on the claim in its absence.
Particular attention in juvenile courts is given to evidence collected by guardianship authorities. Often, the opinion of the employees of this organization is decisive in the process.
Therefore, the mother, who decided to initiate the process of depriving the father of parental rights, must closely cooperate with the guardianship authorities, contact them for help in collecting the necessary documents.
Legal consequences of deprivation of parental rights
Deprivation of rights - termination of the father’s participation in the child’s life.
Father actually becomes a stranger to a minor.
He subsequently cannot count on collecting child support from a grown-up child and becoming his heir.
The child remains the heir, even after depriving the father of his rights. The child retains the right to reside in the father’s apartment.
A man who previously lived in the same territory with a child, at the request of the court, can be evicted without providing another room. Such consequences occur if cohabitation is considered physically and psychologically dangerous for the child.
A father who is deprived of rights will subsequently not be able to adopt another child, no matter how much time after the process has passed.
Child support deprivation of parental rights
Cases of depriving a father of his rights are often accompanied by the issue of collecting alimony from him; their claim is included in the main lawsuit (Article 70 of the Criminal Code).
Termination of rights does not relieve the father of the responsibilities of the maintenance of the minor.
The amount of support depends on the number of children in the family. 25% of income is charged for one child, 30% for two, three and more than 50%. A pregnant wife and mother raising a child up to three years old also have the right to alimony.
Having a father’s disability certificate does not exempt him from paying. Alimony is charged on all types of income, including pension.
The previously adopted resolution on the recovery of alimony continues to be valid, as well as the criminal liability for non-payment.
Many fathers, not wanting to support a child, bring a certificate about a penny wage, while receiving a lot of others. Not confirmed income. As a result, miserable amounts are paid. The mother has a chance to prove the existence of other income from the negligent father. You can petition the court to send requests to the tax authorities, banks, various organizations to obtain information about the real income of the father of the child.
To identify and prove the true size of a man’s income is quite difficult, but there is a chance. The identification of such income will entail the obligation of the man to pay child support in a fixed amount.
Recovery of parental rights
Such an opportunity may come for a man if he corrects his behavior.
A man will have to prove his readiness to educate and support a child by presenting documents and calling witnesses.
In this matter, the opinion of the mother, presenting her evidence, is taken into account. If the court considers that the man has recovered, his rights will be restored.
Deprivation of the father of parental rights is carried out in accordance with the Family Code. The process is strictly regulated and sufficiently developed in legal practice.
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Respect for the interests of the parties
Conflicts between parents after the divorce proceedings are the most common motivation for the mother of the child to file a lawsuit.
Then the cases of deprivation of rights are based on the desire of the mother to avenge or annoy the father of her child.
During the procedure of depriving the father of parental rights, the court must take into account the interests of children, only then the interests of the father.
The mother must present sufficient reasoning for her actions, confirm her case with facts and evidence of the father’s neglect of the child.
In this case, the court takes into account the interests of the mother in the last turn.
If the father always pays alimony, does not suffer from alcoholism, drug addiction, participates in the life of his child, he is well treated, and the mother’s intentions to deprive the parental rights of the child’s father are unfounded, the court may refuse the claim. And this practice is very common.
We learn where to turn so that the father is deprived of parental rights. How and where to start the process?
First you need to go to court. A lawsuit is filed at the place of residence of the father of the child.
The lawsuit comprehensively and competently indicates the grounds on which the mother of the child demands to deprive the father of his rights.
Before filing a statement of claim, the mother may contact the guardianship authority for advice. Then the employees themselves will gather evidence of the guilt of the child's father.
The claim can be satisfied even without the consent of the defendant, who can appeal the court decision in the next instance court.
The following persons have the right to file a claim:
- mother of a child
- employees of the guardianship authority (if the child is brought up in an orphanage, boarding school, other relatives who are not parents),
- the prosecutor.
If the father does not agree with the lawsuit, he must declare this in court.
The initiative to file a claim depends on the degree of non-compliance with parental responsibilities.
A father can be a drug addict or a chronic alcoholic, but at the same time not have a negative impact on his child, regularly pay child support, and provide all kinds of help in its maintenance.
Establishing the fact of the disease is not enough to deprive the parental rights.
The prosecutor is also not always able to file a claim for the deprivation of his father's rights. Only when the criminal father is able to pose a threat to the life and health of children.
Not everyone knows how to write a statement of claim for the deprivation of the parental rights of the father. The following data is entered into the lawsuit:
Deprivation of parental rights is a serious punishment for many parents, therefore, any reason specified in the statement of claim must be supported by weighty evidence:
- if the father is an alcoholic or drug addict, the mother must present the court with certificates from medical institutions that conducted the relevant examinations and established the fact of the disease,
- if the father is registered in a neuropsychiatric dispensary, a certificate from this organization must also be provided.
The more mother gathers evidence of the defendant’s guilt, the more chances she has to win the case.
The evidence is:
- relatives of the child
- the housemates where the child lives with the mother,
- employees of a preschool or school institution where the child is studying.
It does not require evidence that the father committed an intentional crime against the mother and child. Documentary evidence will be requested in due course.
Article 50 of the SC regulates the following procedure for the consideration of cases of deprivation of parental rights:
Before drawing up a lawsuit, the mother must collect the relevant documents in order to deprive the father of parental rights:
The court has the right to request additional documents.
A father who has not yet been deprived of parental rights may receive a copy of the statement of claim by mail. He then decides whether to appear in court or not.
If he does not come to the first meeting, he will be rescheduled. At the second hearing, the judgment will be delivered without his consent.
The court decision that has not yet entered into force is sent to the defendant:
- at the place of his permanent registration,
- at the place of residence.
The court informs the defendant:
- registered mail with notice,
- by fax,
- other means of communication.
Family law governs the consequences of parental disqualification:
To the question whether the child has the right to inherit if the father is deprived of parental rights, article 71 of the RF IC answers: the right of the child to joint property with his father, the right to inherit, as well as his property rights based on the fact of kinship with parents and other relatives, are retained .
Although the father loses the right to live in the area that belongs to his child.
Is a father deprived of parental obligation to pay child support?
The same article regulates that the deprivation of parental rights does not relieve parents of the obligation to support their children until they reach adulthood.
But the child has the right to refuse the obligation to pay alimony to his father if he loses his ability to work.
Single mother status
Will a mother be considered single after her father is deprived of parental rights?
We will find out in which cases a mother can obtain single status, and in which not.
|Recognized by a single mother||Not recognized|
|The woman who gave birth and raised a child out of wedlock. Paternity has not been properly established (through a registry office or court).||A woman who brings up children after a divorce and for various reasons does not receive child support from her father.|
|A woman who gave birth to a child in marriage or within 300 after a divorce if the father of the child was recorded as an ex-husband, but paternity was challenged by a court and a court decision was made in favor of the ex-husband (he was not recognized as the father of the child).||A woman who has given birth to a child within 300 days after a divorce, invalidation of the marriage, or after the death of the spouse. The former spouse is recognized as the father of the child, and the registry office will register the child with the father. Even when biological paternity is not confirmed.|
|A woman has adopted or adopted a child out of wedlock.||A woman is not married, but raises a child whose paternity was established in court or voluntarily, even if this man does not live with them.|
|Mother of a child whose father was deprived of parental rights.|
What benefits will the mother have in this case? The father is not exempted from the obligation to support his child even after the deprivation of his parental rights.
If the father has not begun to pay child support, the mother can contact the social protection authorities, then the child will be assigned the appropriate allowance.
It is prescribed if:
- the father is wanted by the alimony, and if his whereabouts are unknown,
- the father is in custody, in compulsory treatment or is under arrest,
- lives in another state with which Russia does not have an agreement on mutual legal assistance.
But compared with the required amount of alimony, the size of the allowance is small. More information about the amount of benefits and other benefits provided can be found in the social protection authorities.