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The birth of a child imposes certain responsibilities on its parents. Such responsibilities include not only, for example, providing food or clothing, but also performing educational functions, treating the child with respect, and educating him. All of these mandatory functions of parents are valid until the child reaches the age of majority.

Responsibility for providing for a minor a decent life and the observance of his rights is the same for mother and father. In case of failure to fulfill their duties, each of them individually or both at once may be deprived of the rights of parents.

The portal site reminds that from the point of view of the law, the procedure for depriving parents of rights is no different for both of them and is initiated on the same grounds.

When can a mother be deprived of her rights to a child?

1. The mother does not fulfill her parenting responsibilities. Despite the fact that this reason seems too general and does not contain specifics, in court cases where issues of deprivation of maternity or paternity rights are considered, it occurs most often. Any evasion of one's responsibilities as a parent may be considered a failure to fulfill them. For example, a child does not have normal clothing appropriate for his age and season, although the financial situation of the family allows him to purchase it in a timely manner and in full. Or, the mother does not purchase the things necessary for school (textbooks, uniforms, etc.), thereby preventing the child from receiving an education.

The important point in this case is that the failure of the mother to fulfill parental responsibilities is not due to lack of opportunity, but for some other reason.

Failure to fulfill the duties of a parent also includes refusal to pay court-ordered maintenance for a child (alimony).

1. The mother has an alcohol or drug addiction. This reason for deprivation of motherhood does not in itself indicate the guilt of the parent; it rather indicates his problems. But the child should not live in a family where all the mother’s thoughts are focused on where to get money for a drink or a dose, and not on raising him.

In addition, in such a dysfunctional family, a child experiences moral and possibly physical suffering, which cannot but affect his health and mental state. Therefore, as a rule, if the mother has a proven illness of alcoholism or drug addiction, the court clearly deprives her of her rights as a parent. A medical report serves as evidence of the disease.

1. Mother causing harm to her to a minor child. Harm here means not only physical harm, but also psychological trauma. Domestic violence almost always leaves an imprint on the child’s psyche, so the state strives to protect minors from this.

Modern society has begun to pay more attention to how parents treat their children, as well as their living conditions. In the West, this practice has existed for many years, but in our country it began to be used relatively recently. In recent years, there have been increasing cases where a mother or father is deprived of parental rights for various reasons. Moreover, such a measure can be applied to both parents at once or to only one of them. Why are parental rights deprived, what are the features of the procedure, what documents are needed for this - these are questions the answers to which every modern parent should know.

Who does the procedure

This measure is extreme in relation to a mother or father who does not fulfill their direct responsibilities in raising their own children. Before making this decision, it is necessary to conduct a thorough study of the living conditions of the family, the working ability of the parents, their lifestyle and other social aspects. Such checks are the responsibility of the guardianship and trusteeship authorities, which must monitor the lives of children from disadvantaged families.

The procedure takes place with the participation of the relevant authorities even if one of the other’s parents wants to deprive the rights to the child. Is it possible for a mother to deprive a father of parental rights? The answer to this question is yes. At the same time, the father also has the same opportunity in relation to the mother, but for him to achieve a positive decision will be much more difficult.

The decision on whether to deprive parents of their rights to a child is made exclusively in court after a careful study of all family details.

Restriction of rights - a preventive measure for parents

Restriction of communication between a mother or father and their child for a certain period of time is used for preventive purposes and exclusively by court decision. It is resorted to in cases where it is dangerous for a child to be near a parent for reasons beyond his control. Another reason for the restriction may be a situation where it is unsafe to leave the child with the mother or father, but there are no significant grounds for deprivation of rights.

In this case, the rights of the parents may be limited for up to 6 months, depending on what the court decides. This time is given to them to reconsider their behavior and change it. If, after the specified period has expired, no changes in lifestyle are observed, the relevant authorities begin to draw up a petition for deprivation.

Why are parental rights deprived?

According to the Family Code of the Russian Federation, rights to children can be deprived if the parent:

• abuses his own rights;
• abuses them, including using physical, mental or sexual violence against the child;
• systematically evades the performance of direct parental responsibilities; this category of violations also includes regular failure to pay the funds necessary to support the child;
• is dependent on alcohol or drugs;
• refuses to pick up the child from the maternity hospital, kindergarten or any institution social protection;
• committed a criminal act against a spouse, children or other family members intentionally.

It is these grounds that can lead to this punishment. If the judicial authorities deprive the father or mother of parental rights, the child is immediately separated from the parent in respect of whom this decision was made.

Reasons for this decision regarding the father

In this matter, the plaintiff is the mother or her substitute. The father is the defendant in this matter.

The reasons why the court may make an appropriate order against the father are the same as for general principles, for example, this is evasion of cash payments for child support. However, it should be borne in mind that this fact must be documented, since there are often cases when, after a positive decision in favor of the plaintiff, the father files a complaint to the court of cassation. Often the decision is canceled due to lack of evidence of non-payment of alimony.

There are cases when the lack of cash payments necessary to support a child is unintentional. This happens when the father worked in a government organization, was laid off and temporarily has no income. If he is registered with the Employment Center and is trying to find a job, this circumstance will be taken into account in court.

An important point is to notify the defendant of the start of the hearing. If the father's parental rights are terminated without prior notice, the court decision can be appealed and overturned. This responsibility rests with the judiciary. If the father’s place of residence has not been established, requests are made to the Federal Migration Service and the police to establish the father’s last place of residence.

Does the father pay child support if he is deprived of parental rights?

Do fathers deprived of parental rights pay child support? The answer to this question is positive, since a court decision on this issue is not a basis for terminating the maintenance of a child. At the same time, the law does not provide for any reductions in the amount of monetary payments or exceptions when parents are deprived of their rights to a child. The amount of alimony in this case corresponds to general rules calculation and amounts to 25% of the total income for one minor child, 33% for two and 50% for three or more children. If there is no official income, fathers deprived of parental rights pay alimony in a fixed amount established by law, in a combined way, or in shares of the average earnings in the country. This measure is intended to protect the interests of the minor and ensure his maintenance.

Thus, the answer to the question of whether a father deprived of parental rights pays child support is always positive, regardless of his income level.

Subsequent claim for alimony

The assignment of financial support for the child should be established automatically by the court during the hearing. However, in the practice of courts there are individual cases where this issue has not been considered. In this case, you can re-file the claim with the court at any time. The right to receive alimony remains with the child until he reaches adulthood. If for some reason the alimony of the father deprived of parental rights is not received, it is possible to take measures to search for him, seize his property, and impose penalties on periodically received payments. To begin such actions, you must contact the bailiffs with a statement about the lack of monetary payments and indicating the deadlines for non-payment.

A father deprived of parental rights will be required to pay child support regardless of the availability and level of his income.

Reasons for making this decision regarding the mother

The question of whether it is possible to deprive a father of parental rights no longer surprises anyone. modern society with so many divorces. However, when this procedure concerns the mother, a huge number of difficulties arise. The grounds for depriving her of rights to the child are the same as for the father. However, this measure is an extreme one, and the courts are most often reluctant to make a positive decision in this matter. In order for the relevant authorities to begin this procedure, it is necessary to provide solid evidence that the mother really cannot raise the child. To do this you need to do the following:

• provide written confirmation that she really did not take the child from the maternity hospital, kindergarten or other municipal institution by writing a refusal;
• obtain a medical report about her drug or alcohol addiction;
• provide a report on the inspection of the minor’s living conditions with a conclusion that they do not meet the standards;
• obtain a legally binding court decision on the commission of actions that pose a danger to the life and health of the child or his father;
• provide witness testimony confirming the fact of the mother’s use of violence against the child and improper treatment of him.

Thus, the answer to the question whether a mother can be deprived of parental rights will be positive only if there is solid evidence of a bad attitude towards the child. In this case, we should not forget that for this procedure there must be very compelling circumstances that will be accepted by the court as the basis for starting the trial.

How to deprive parental rights: procedure

According to the law, this procedure can begin only after the relevant court decision comes into force.

The process itself begins only after receiving an application that the following have the right to submit:

• one of the parents in relation to the other, even if they do not live together;
• persons replacing parents;
• prosecutors;
• employees of guardianship and trusteeship authorities who are responsible for protecting the rights of citizens under the age of majority.

During the court hearing, it is necessary to ensure the presence of a representative from the guardianship and trusteeship authorities. He is obliged to provide an act on checking the living conditions and upbringing of the minor, whose rights are being considered at the trial.

Basic legal terms related to the question of how to deprive a father or mother of parental rights:

• parents exceeding their rights - involves the formation of obstacles to learning, inducement to begging and other actions committed to the detriment of the child;
• cruel treatment, which involves, in addition to the use of violence, the use of unacceptable methods of education that degrade a person’s dignity;
• the fact of evading the performance of their duties, when a parent does not care about the physical and moral education of his child, and also does not create conditions for him to learn;
• presence of alcohol or drug addiction, which must be confirmed by an official medical report.

Contacting the guardianship and trusteeship authorities before filing a claim

Before filing a claim, you must visit this authority, the presence of a representative of which at the consideration of the case is mandatory. The following copies must be provided here:

• child's birth certificate;
• divorce certificate;
• extract from the house register;
• child's personal bank account.

It is also advisable to provide another package of documents, subject to availability:

• a document indicating that the parent was brought to justice, administrative or criminal;
• certificate of alcohol or drug addiction;
• confirmation of malicious evasion of financial payments for child support;
• other papers that may be grounds for depriving parents of their rights to the child.

After the application is sent to these authorities and all necessary documents are provided, employees will be required to check the living conditions of the child, as well as the respondent parent. The inspection conclusion is attached to the package of documents sent to the court.

If the child is 10 years old or older, guardianship and trusteeship officials are required to take a written statement from him, in which he agrees to have his mother or father deprived of parental rights. It is necessary to make sure that this decision is made by the child voluntarily and not as a result of pressure from the other parent.

Once this stage has been successfully completed, you can begin to draw up a statement of claim.

Correct filing of a claim

In order for the court to deprive the father or mother of parental rights, it is first necessary to correctly draw up a statement of claim, which is sent to the location of the defendant. This is the first step towards a successful outcome of the case.

The claim must be made in writing, but the law does not provide a special template that must be followed when creating the document. However, the application should reflect the following points:

• full name of the judicial authority to which the application is sent;
• personal data of the plaintiff;
• information about the defendant (full name, date of birth, place of residence and position);
• the plaintiff’s claims and facts of violation of his rights;
• evidence of the validity of your claims;
• a package of documents attached to the claim (depending on the specific case);
• if the claim comes from the prosecutor, an explanation of why the statement was not received from the parents.

The statement of claim must be signed by the applicant himself or his legal representative. In the latter case, it is necessary to attach documents confirming his authority.

You can send a statement of claim to the court by registered mail with notice or provide it in person. The plaintiff will be notified by the judicial authorities of the document's acceptance or refusal.

When considering cases related to the issue of depriving parents of their rights to a child, no state fee is charged.

Features of judicial practice in this matter

The question of why parental rights are deprived is ambiguous in judicial practice because of its complexity. That is why it is necessary to know some of the features of this procedure.

1. This right can only be deprived of parents. Thus, neither guardians nor trustees are subject to this procedure. In the event that they shirk their direct responsibilities in matters of raising a child, the authorized bodies can only remove them from execution.
2. Many people are interested in whether it is possible to deprive parental rights simply because of the lack of financial payments for child support. Evasion from paying alimony cannot serve as the only reason for making this decision. It is necessary to provide evidence of other culpable behavior of the parent towards the child. This last resort is applied only if there are no other ways to protect the rights of the minor. For example, if child support was paid irregularly and a debt has arisen, and the parent takes measures to eliminate it, this cannot be the basis for a decision to use a last resort measure. In cases where the court of first instance did not take this fact into account, its verdict can be appealed and overturned.
3. After the court decision comes into force, the child must be placed in the care of another parent, who retains his rights. If both parents are deprived of their rights, the minor becomes under the responsibility of the guardianship and trusteeship authorities. In this case, the court decision does not contain instructions on the future fate of the child; this responsibility is assigned to the relevant organization.

How does this measure affect the child?

If parents have been deprived of their rights, adoption of a child is possible no earlier than six months after the court decision comes into force. Besides, this child retains all rights to property, including inheritance. This item also applies to the issue of payment of alimony. Thus, the answer to the question of whether fathers deprived of parental rights pay child support is positive. Also, all other property disputes must be resolved in favor of the child, even if the parents are deprived of their rights by the court.

How does this measure affect the parent?

How does a court decision affect the mother or father, and what rights does a parent deprived of parental rights have?

The court in its decision establishes the order of residence and upbringing of the child. So, if a mother or father is deprived of their rights, they are obliged to transfer it to another parent for upbringing. If both rights are deprived, the child becomes the responsibility of the guardianship and trusteeship authorities, who make further decisions regarding his future. At the same time, they are obliged to adhere to the procedure established by law that at least 6 months must pass after the court decision on deprivation of parental rights comes into force in order to begin the procedure for adopting a child by another person.

In addition, even if one of the spouses has been deprived of his rights by the court, he retains the obligation to further support his son or daughter.

Deprivation of parental rights involves the termination of payments of all related benefits and allowances.

Sometimes the court makes a decision on the impossibility of further cohabitation between a deprived father or mother and child. Then the first person is evicted from the house without being provided with other living space.

The procedure for depriving parental rights does not imply the termination of child support in the future. The minor continues to retain all of his property rights.

Thus, the question of why parental rights are deprived is one of the most difficult. That is why this procedure is resorted to only in extreme cases.

How to deprive a father of parental rights? Unfortunately, this question often arises in many families. Women have to fight the arbitrariness of the head of the family in radical ways, however, there is simply no other way out when the life and health (both physical and mental) of a beloved child is threatened by a domestic tyrant. The procedure for depriving the rights of one of the parents is complex and involves a large number of bureaucratic delays. That is why it is so important to know all the aspects and nuances of future litigation. If you cannot afford the advice of a professional lawyer, be sure to read the tips below.

What should every parent do?

To ensure that no one can challenge your parental rights and responsibilities, you must take proper care of your child. What exactly does Russian legislation require from mothers and fathers in relation to their beloved offspring? The main postulates usually look like this:

• health care;
• development of the child in the psychological, moral and physical areas;
• ensuring secondary education;
• representation of rights;
• protection of interests.

It was initially established that both parents indicated on the birth certificate have equal rights and responsibilities for raising the baby from the moment of his birth until he reaches adulthood. This period may be reduced if the child is recognized as fully capable before the age of eighteen (married, working since the age of 16). If the mother of a minor notes that the father negatively influences the condition and health of their common offspring, her tasks will include ensuring the protection of the interests of the child.

The main reasons for limiting the rights of a parent

First of all, it should be noted that it is quite difficult to deprive a father of his rights to raise a child; the reasons for such an event must be truly serious and not raise doubts in the court. Among the most realistic grounds for a positive resolution of such a dispute are the following prerequisites:

• regular evasion of child support payments;
• use of parental rights for any selfish and illegal purposes;
• physical or psychological nature in relation to a minor;
• sexual violence against a child;
• alcohol or drug abuse;
• attempt on the life and health of the second parent;
• attempt on the life and health of a minor;
• refusal to perform direct parental responsibilities;
• refusal to pick up a child from a maternity hospital, medical or educational institution without serious circumstances.

Any basis on which you plan to rely must be confirmed by the appropriate set of documents, only then can you send an official statement to the court. Deprivation of the father's parental rights must be supported by relevant original documents. Otherwise, the case will not even be considered. Let us present a detailed list of necessary actions in several specific cases described above.

What to do if violence is committed?

How to deprive a father of parental rights if he raises his hand against a child? Such an offense on the part of the head of the family is, of course, a very serious reason for a ban on his communication with the baby in the future. To begin with, you are advised to calm down and in the future make the most informed decisions possible, without emotions.

The first institution you will need to visit is a hospital or clinic. Medical workers will record the beatings inflicted and issue a corresponding certificate. In addition, the baby will be provided with the necessary assistance, perhaps even of a psychological nature.

This document (certificate) must be submitted to the police along with a statement of claim. Having examined the submitted papers, law enforcement agencies have the right to refuse to initiate a case against you or, conversely, to proceed with it. If you disagree with the resolution they adopted, you can always challenge it in higher authorities. If those in charge decide that a crime has occurred, an investigation begins. Upon completion of the investigative actions, the evidence found of guilt or lack thereof is transferred to the court.

What to do if you don’t want to pay child support?

A claim for deprivation of a father’s parental rights can also be filed if a man evades the obligation to support his child, that is, to pay alimony. Do not forget that the father must provide for his minor offspring regardless of whether the official marriage with the child’s mother is dissolved or not. If for several months a woman does not receive money for food, clothing and other basic needs, then she has the right to turn to the bailiffs to resolve this issue. You should know that it is quite difficult to prove the fact of non-payment of finances, so it is recommended to be patient. To resolve this issue, you will need to prepare the following official documents:

• writ of execution imposing a penalty;
• certificate of debt.

It is also extremely important to find out whether the parent is hiding part of his income by deliberately understating his salary or not filing labor activity. In this case, the careless dad can easily be brought not only to administrative, but also criminal liability, because such actions are classified by law as illegal and criminal.

What to do if a parent has bad habits?

Drug addiction and alcoholism – a real scourge of our time, every year more and more more people plunge into the abyss of addictions, forgetting about their real life and responsibilities therein. A person who lives for the sake of alcoholic drinks or drugs cannot be aware of his actions and absolutely cannot raise minor children. In this case, deprivation of parental rights of the parents (parent) will be carried out on the basis of medical documents and certificates from the place of work or study with negative characteristics confirming the presence of addictions.

Instructions: how to proceed?

Before you go to court with a package of documents, do not forget to visit. They will ask you for a list of papers that must be submitted. Among other things, employees will most likely conduct an inspection and evaluate the living conditions at the place of residence of both the father and the child. For children over 10 years of age, it is possible to express their own opinion about their desire or unwillingness to be with their parent.

The next stage is submitting documents and applications to the court. During the hearing of the case, not only the judge, but also all the same guardianship authorities will become familiar with the data provided. The decision on the further fate of the father’s rights will be made collectively by the participants in the process listed above.

Approximate list of necessary documents for the court

What does it take to initiate termination of parental rights? The grounds have been determined, it’s time to take care of the documents supporting them. Since decisions of this kind are made only in the court, it is the court that determines necessary list papers It should be noted that in some cases it can be expanded. The basic kit includes documents such as:

• an application for deprivation of parental rights from a specific person (this may be the child’s mother or guardian);
• photocopy of basic documents (applicant’s passport, birth certificate of a minor);
• an official conclusion from a psychologist based on the results of communication with the child;
• documents confirming the fact of evasion or improper performance of duties;
• a reference from the applicant’s place of study or work that describes him in a positive light;
• a certificate of income of the applicant confirming his financial stability;
• a certificate of the child’s place of study, as well as a description of his behavioral characteristics and level of perception of knowledge;
• a document containing data on the living conditions of all participants in the legal dispute (father, mother, child, guardian, if any);
• certificate from the place of registration of the applicant.

Possible nuances of the process of deprivation of parental rights

Now you know how to deprive your father of parental rights. In addition, you need to know certain basic information that will help you navigate the nuances of the case much easier. First of all, pay attention to the fact who may be the applicant on the above issue. The deprivation or restriction of a father’s parental rights can be initiated by:

• mother of the child;
• legal guardian/representative;
• prosecutor;
• guardianship and trusteeship authorities.

It is also extremely important to know that while the court is reviewing the case, the parent is still required to pay child support for his or her child or children. If the highest authority made a positive decision, and the father lost the court, then he is necessarily deprived of all rights and privileges, he cannot claim benefits, cash benefits associated with having a child, and also in the future demand financial support from his offspring .

At the same time, the father will continue to be obliged to support the minor until he reaches the age of eighteen or is recognized as legally competent. If desired, the parent can agree with the court on the transfer of alimony to the son/daughter's bank account. As for the child himself, he does not lose the right to live in the parent’s living space, and also has the right to claim the inheritance left by him or his close relatives.

Not to deprive, but to limit!

In some cases, restriction of parental rights is also allowed. It is also carried out exclusively by court decision on the basis of sufficiently compelling reasons supported by evidence and facts. A prerequisite for making such a decision may be a risk to the health (physical and mental) of the child when being near one of the parents (in this case, the father).

Please note how the issue under consideration differs from such a procedure as deprivation of parental rights. The reasons for the restriction are usually not as significant as in the first case. The main difference between this punishment is that the father is given probation for six months. If during the specified period the parent does not change his behavior, he will be permanently deprived of his rights in relation to the child. The initiator of the rights process can be the second parent (mother), guardian or legal representative, prosecutor or employee of the guardianship authorities. The restriction of rights applies only to personal communication between father and child, but does not relieve the former from financial obligations.

How is deprivation of parental rights carried out? Sample application

Let's talk about what a statement (claim) for deprivation of parental rights should look like. The document can be roughly divided into three parts: a header, a general text and a conclusion listing the attached certificates.

• The first section should contain information about which authority the paper is being submitted to, from whom, who is the defendant, and who is the third party.

• The main text contains information about the rights, responsibilities and possible violations, that is, what tasks the child’s father cannot cope with, what illegal actions he commits.

• At the end, you must express your request, as well as list a list of documents that serve as evidence of violations.

Below you can see what the application looks like, or rather, a typical example of it.

Deprivation of parental rights can only be achieved with a lot of effort, in particular, by collecting all necessary documents and correctly filling out the claim. The advice of a professional lawyer will also be very useful to you, because only a specialist in his field knows the smallest nuances and details. If you take into account all the details in advance, it will help reduce bureaucratic red tape and speed up the process.

Can I get my rights back?

How is restoration of parental rights carried out and is it even possible? There are several basic recommendations, compliance with which will help you become an exemplary parent again. The main ones boil down to:

• restoration of positive social status;
• improving living conditions;
• having a permanent job;
• satisfactory financial condition;
• eliminating the reason for restriction or deprivation of parental rights.

Restoration of parental rights is also carried out strictly through the court. It is very important to contact the authority in a timely manner, because within six months the child will be orphanage may be adopted, but subsequently not passed on former parents. Of course, such information is relevant only if the plaintiff is the guardianship authority, and not the mother. Try to collect as much documentary evidence as possible of correcting a past negative situation.

It is important not only to know how to deprive a father of parental rights, but also what such an extreme measure can lead to. Remember: it is worth separating dad and baby only in the most rare, exceptional cases. Such interference can have a negative impact on the child’s psychological state and cause serious harm to him in the future. Try visiting a psychologist first. Perhaps the help of a professional will help you solve the problems that have arisen and prevent a significant deterioration of the existing situation.

In the Family Code Russian Federation It is written that in relation to their children, parents have not only equal rights, but also equal responsibilities: they must raise their offspring, as well as protect their interests and rights in every possible way. The most severe legal punishment affecting one or both parents is deprivation of parental rights. This measure means a ban on the use of any methods of education in relation to a particular child. Deprivation of parental rights of a citizen always extends for an indefinite period, in other words, the court cannot rule that a parent or both parents are deprived of educational functions for a certain period, since such a decision is always valid indefinitely, unless a claim is filed and satisfied to restore these rights.

What is the difference between restriction and deprivation of parental rights?

There is also the concept of restriction of parental rights, which should not be confused with deprivation of parental rights. What is the difference between them? Restricting the rights to raise and support a child can be considered as a preventive measure for such parents who can still “correct”, but they need time to do this.

Usually, the restriction of rights does not depend on the actions of the parents themselves. The circumstances here can be very different - one of the parents is seriously ill, finds himself away from the child and cannot return to him for some time, receives mental disorder etc. In this case, the guardianship and trusteeship authorities closely monitor such parents and their behavior. If a citizen can finally fully restore his parental functions, then the restriction will be immediately lifted from him.

Limitation of parental rights is a very unique procedure that is rarely resorted to in Russia.

When can parental rights be terminated?

Deprivation of parental rights is an exceptional measure; it entails the most serious legal consequences not only for parents, but also for their children.

One or both parents may be deprived of parental rights in accordance with Article 69 of the Family Code of the Russian Federation. The procedure for this procedure is described here, as well as a list of grounds sufficient for deprivation of parental rights. To take such a strict measure there are only 6 reasons, any of them must have indisputable evidence:

• Avoidance of parents from fulfilling their responsibilities , including malicious evasion of alimony payments. This refers to repeated, that is, systematic evasion of parental duty, any skimping on caring for one’s children. At the same time, it is not necessary that the fact of systematic evasion of alimony payments be confirmed by a court verdict. The court can simply be convinced that the parent constantly seeks to evade paying child support, in other words, denies his children financial support.
• Refusal to pick up your child from a maternity hospital, medical institution, social welfare institution, educational institution and other institutions of a similar nature without good reason . Abandonment of a child within the maternity hospital can be due to various reasons. For example, if the mother is seriously ill, disabled, and does not have housing, then her refusal to pick up the child under such circumstances will not be grounds for depriving her of parental rights. But if a parent leaves his child in the care of the state without good reason, then he will certainly lose his parental rights. First of all, this applies to mothers who simply “forget” their child in the maternity hospital, and do not make any attempts to place him in the appropriate government institution.
• Abuse of parental rights: creating conditions that complicate or completely interfere with a child’s development and education, involving him in the use of drugs, alcoholic beverages, and using him as a participant in crimes.
• Child abuse. This means not only physical violence against a child, but also mental pressure. Physical violence includes beatings and physical suffering caused in any way. Mental violence is understood as instilling a feeling of fear, threats, and complete suppression of the child’s will.
• If the parent is a drug addict or chronic alcoholic , but these characteristics must be confirmed by a medical report. This basis allows the court to deprive a parent of parental rights, regardless of the fact that the court previously recognized him as having limited legal capacity.
• Commitment intentional crime directed against the health and life of the child or the second spouse. To file a claim in this case, you will need a court verdict recording the fact of the commission of a crime.

Who is authorized to initiate a case for deprivation of parental rights?

To begin the process of depriving parental rights, someone must take the initiative in this matter. Who, from the point of view of Russian legislation, has such powers? According to the existing regulatory framework, the circle of such persons is quite narrow. This includes, for example, one of the parents, a guardian or legal custodian, the heads of the shelter, guardianship, orphanage and other institutions involved in the protection of children's rights, as well as the prosecutor's office. All of these persons have the right to draw up a lawsuit and send it to court.

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As for other citizens, they can only act as witnesses. It is important to note that the opinion of the child himself is also taken into account if he has reached 9 years of age at the time of the proceedings in court.

What documents are required?

A statement of claim is submitted in writing to the district court at the defendant’s place of residence, which must reflect the following points:

• the name of the court in which the claim is filed;
• last name, first name and patronymic of the plaintiff, his residential address, and if the claim is filed by a representative of the institution, then also his name and address;
• last name, first name, patronymic and residential address of the defendant;
• what is the violation of the legitimate interests and/or rights of the plaintiff with a list of his demands;
• the circumstances on which the plaintiff’s claims and evidence supporting them are based;
• list of documents attached to the claim.

If a prosecutor applies to protect the legitimate interests of a child, then the statement must also state the reason why the plaintiff himself cannot bring his claim.

The statement of claim is signed by the plaintiff himself or his representative, who has the authority to do so according to the law.

Attached to the statement of claim:

• copy of the power of attorney;
• as many copies of the claim as there are defendants and third parties;
• a receipt for payment of the state duty (since this is a non-property application, 100 rubles are paid here);
• documents confirming the circumstances taken by the plaintiff as the basis for the claims, copies thereof intended for defendants and third parties.

In each specific case, the package of documents is individual; it must be prepared by a lawyer. For the plaintiff there is general recommendations: attach to the claim notarized copies of the marriage certificate or divorce certificate, as well as the child’s birth certificate.

For submission to the court, both copies certified by a notary and ordinary photocopies that go along with the original documents are suitable - in the latter case, the court itself undertakes certification of the copies.

You will also need a certificate from the child’s place of residence and written evidence:

• a certificate from the bailiff confirming the defendant’s evasion of alimony payments;
• documents evidencing antisocial behavior defendant (calls to the police, sick leave, certificates from the injury point);
• documents confirming the defendant’s registration with drug and other drug addicts;
• any other evidence that the defendant is maliciously avoiding fulfilling the responsibilities of a parent.

It would also be useful to file a motion with the court regarding the request enforcement proceedings in the bailiff service. And if the defendant was prosecuted for malicious evasion of alimony payments, then a copy of the relevant verdict should be attached.

Procedure for deprivation of parental rights

Deprivation of parental rights occurs in court after filing a corresponding claim. During legal proceedings, the plaintiff must provide evidence that would indisputably confirm the defendant’s guilt, as well as the evidence that it is impossible to expect a change in the defendant’s behavior for the better.

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Parents deprived of parental rights by law are, however, not exempt from the obligation to support children; in addition, they are required to participate in additional expenses for children (education, treatment, etc.).

As soon as the parents lose their rights in relation to the child, he is automatically included in the category of children left without parental care. The same thing happens when the second parent, who has not been deprived of parental rights, does not want or is unable to fully take full care of the child - this is simultaneously clarified during the consideration of the application for deprivation of parental rights. The same is done when a single mother or father who raised a child alone is deprived of parental rights. In all these cases, the child comes into the care of the guardianship and trusteeship authority. At the same time, such a child can be adopted no earlier than 6 months have passed after the court has passed a verdict on deprivation of parental rights.

Place of residence of the child

When deciding the issue of deprivation of parental rights, the court simultaneously determines the possibility of the child’s continued residence with parents (or one of them), who will already be deprived of parental rights in accordance with the current housing legislation. In accordance with the Housing Code of the Russian Federation, Art. 91 citizens, if, by a court decision, it is not possible for them to live together with their children, in respect of whom they have been deprived of parental rights, living in the premises under the terms of a social tenancy agreement, they are evicted without providing them with other housing.

If the apartment is owned by a child or another parent, then the parent deprived of parental rights can also be evicted from it, since after deprivation of parental rights he ceases to be a member child's family, such eviction is provided for by the norms of Russian housing legislation. If the parent deprived of rights and his child are the owners of their apartment in equal shares, or only this parent himself is the owner, then he cannot be evicted. If there is a court decision on the impossibility of living together between a parent and a child deprived of parental rights, then the child is resettled, however, his right to live there and the right of ownership of this housing remains with the child for the entire period of his absence there. If parents are deprived of parental rights, then their children still remain first-degree heirs.

What evidence can there be of parents abusing their rights?

Abuse of parental rights can have the most different shapes. For example, one of the parents prevents the other from exercising parental rights, especially in cases where the court has already determined this order. A parent can also prevent their child from traveling abroad for which his consent is required (this is true for almost all Schengen countries).

Despite the fact that the consent of the second parent is not required to leave Russia in cases where the child is accompanied by the first parent, there are many cases when a child travels abroad unaccompanied by a parent (as part of a tourist group or sports team). In such cases, the consent of both parents is required for the child to leave. If one of the parents refuses to give such consent, then this fact can also be considered as an abuse of their rights by the parents. But such a reason, if it is the only one, cannot become a reason for deprivation of parental rights.

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Is it possible to deprive parental rights of a parent who does not take any part in the life of his child?

This is enough frequently asked question, which also implies others:

• How long must a parent be absent for this to be grounds for deprivation of parental rights?
• How can one confirm the father's non-participation in Everyday life your child?

If, without good reason, the defendant does not pay child support for more than six months and does not participate in the life of the child, and there is documentary evidence of this, then in this case the question of depriving him of parental rights can already be raised. Here, the testimony of witnesses and especially the guardianship and trusteeship authority, as well as materials of enforcement proceedings will be taken into account. But before bringing forward such a claim, the issue must be resolved - to maintain the marriage or dissolve it, and, in addition, to search for the alimony defaulter in the prescribed manner. After all, it may happen that when the bailiff finds the defendant’s place of residence, he will be able to oblige him to pay alimony, in which case there will be no grounds for depriving him of parental rights.

Are there circumstances under which a father cannot be deprived of parental rights?

Parental rights cannot be deprived of those persons who do not fulfill their parental responsibilities due to a combination of difficult circumstances and for reasons beyond their control (chronic illnesses, mental disorders, but not drug addiction or chronic alcoholism). Even if the defendant presents his documented disability (certificate of disability), this in no way constitutes an exemption for him from paying alimony, simply in this case it is withheld from his disability pension.

What are the consequences of deprivation of parental rights?

In accordance with Article 71 of the Family Code of the Russian Federation, deprivation of parents of parental rights means that they lose all rights based on the fact of kinship with their children: they cannot personally raise them, cannot communicate, and protect their interests and rights. Parents deprived of their rights cannot subsequently claim to receive maintenance from their adult children, and in the event of their death, they are deprived of inheritance rights to their property.

Very often, people deprived of parental rights remember their children only when old age approaches, in cases where they are deprived of their own means of subsistence. But here it is no longer inappropriate to talk about the continuity of generations in terms of the care of elders for the younger and vice versa, since this connection was de facto lost long ago precisely due to the fault of parents who forgot about their duty to their children. Therefore, adult children are not awarded child support if their parents were once deprived of parental rights. For the same reason, parents deprived of their rights are excluded from the list of heirs of their own children, if at the time of opening of the inheritance their parental rights were not restored. But the children themselves have every right to bequeath their property to their deprived parents.

In addition, parents deprived of parental rights are also deprived of their rights to various benefits that the state provides to parents.

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Until parental rights are restored in court, all Negative consequences deprivation of parental rights for them remains.

Is it possible to restore parental rights?

But taking care of respecting the rights and interests of children and depriving negligent parents of the corresponding rights, the legislation leaves for them the possibility of restoring these same rights. Article 72 of the Family Code of the Russian Federation states that in the event of a change in lifestyle behavior and attitude towards raising a child in positive side Parents deprived of parental rights can be restored to them.

The process of restoring parental rights also occurs in court; to initiate it, a statement from the most affected parent is required. Representatives of the guardianship and trusteeship authority, as well as the prosecutor, are required to participate in processes regarding the restoration of parental rights. Together with the application of one or both parents for the restoration of their parental rights, a demand for the return of the child to the parents or one of them may be considered. The court may, taking into account the child’s opinion, refuse to satisfy the parents’ claim if the restoration of parental rights conflicts with the interests of the child. If we are talking about restoring parental rights in relation to a child who was 10 years old at the time of the proceedings, then a positive decision is possible only after his consent. If the child was adopted by someone during this time, and this adoption was not cancelled, then in this case the restoration of parental rights by the biological parents will be impossible.

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Typically, parents are deprived of their rights in relation to children due to significant violations of moral or ethical standards in relation to their offspring, or due to refusal to raise and support them. In Russia, there has been a tendency towards depriving fathers of parental rights - according to statistics, it is fathers who more often forget about their responsibilities, shifting them onto the shoulders of the mother.

A mother may demand that the father of her children be deprived of parental rights not only because the man ignores the needs of his children for financial support and attention. This can also be done within the framework of the interests of the child. We will talk about this below: what are the grounds for depriving a father of parental rights, how the procedure goes and whether it can be annulled.

The family institution in our country has a peculiarity - traditionally mothers take more care of children, and in the event of a divorce, the child remains to live with the mother. This state of affairs often leads to the fact that the father withdraws from participation in the life of his child, or even completely “forgets” that he is a father.

A woman can protect the interests of her children (their ability to freely travel abroad without obtaining the father’s permission, exemption from paying alimony to the father in the future). Meeting the child's current and future needs may also be considered when terminating a father's rights.

In addition, a woman may remarry, and the new husband may wish to adopt her children and give them his last name. In these cases, the deprivation of parental rights of the biological father is due to the intention to again create a full-fledged family.

Accordingly, key grounds are identified that allow depriving a man of his parental rights in relation to children. These grounds are enshrined in law and are reflected in Articles 69 and 70 of the Family Code of Russia. According to the law, initiates trial upon deprivation of the father's parental rights, it is the mother (other persons are possible, we will talk about this below) who submitted an application indicating one or more grounds for starting this process. Let us note that all the grounds are exhaustive and are listed in the code of laws without the possibility of expanded interpretation.

Table 1. On what grounds can a father be deprived of parental rights?

Base	Decoding
Commission of crime	A crime necessarily means a deliberate act that endangers the life and health of children and/or their mother.
Child abuse	This paragraph implies violence, both physical and psychological, including an attempt on the sexual integrity of a child.
Drug and/or alcohol use	This refers to chronic alcoholism or drug addiction, the diagnosis must have a medical basis and confirmation (diagnosis).
Avoidance of parental responsibilities	Refusal or ignorance of responsibility for the physical, moral and mental development and health of the child, the need for his upbringing.
Evasion of alimony payments	Systematic refusal of cash payments to the child/children, even after warnings.
Abuse of parental rights	For example, refusal to sign documents allowing the child/children to travel abroad and the like.
Refusal to pick up a child from a government institution	Reluctance to take the child/children from the maternity hospital, medical facility, social security, etc.

Accordingly, a man’s parental rights may be undermined if he hits a child (beatings must be recorded by doctors), deliberately leaves his child in danger (for example, locking him in a car in hot weather), or inflicts moral trauma on his offspring (confirmed by psychologists). In these and similar cases, it is not at all necessary that the parents are divorced - the current spouse can also be deprived of parental rights. The same applies to non-payment of alimony or abuse of parental rights - the husband and wife may not be divorced at the time such grounds arise.

Procedure for depriving a father of parental rights

A statement of claim to the court expressing a demand to deprive a man of parental rights can be filed not only by the mother of his children. The letter of the law determines a wider range of persons who have the right to apply for this procedure. Subjects who can submit the relevant application:

1. Mother of the child/children.
2. Trustee/guardian/guardianship authorities.
3. Representative of the educational institution.
4. Representative of a medical institution.
5. Juvenile Affairs Inspector.
6. Prosecutor.

The statement of claim is always submitted in writing; the document can be registered in the judicial authority at the place of residence of the applicant. The application can be written by hand or typed on a computer and then printed on an A4 sheet.

What is contained in the statement of claim?

In general, the document is written in free form, but compliance with certain rules and the inclusion of mandatory items in the application is necessary. There are six blocks of information that must be reflected in the paper (in this case, the defendant is the father deprived of his rights, the plaintiff is the applicant):

1. The name and address of the judicial authority to which the document is submitted.
2. Personal information about the applicant: passport details, place of residence, contact details.
3. Information about the defendant against whom the case of deprivation of rights is initiated (full name of the father and his place of residence).
4. A list of violations committed by the defendant against the plaintiff, as well as the demands put forward (in this case, namely deprivation of parental rights).
5. Grounds for depriving a man of his parental rights, as well as evidence of these grounds.
6. A list of documents attached to the application (this includes both documentary evidence, for example, medical certificates, and mandatory papers).

Please note that the attached documents are individual for each case. Depending on what grounds the plaintiff relies on to deprive the father of his rights, the package of papers can vary greatly. However, there are general recommendations.

First of all, copies of documents such as the plaintiff’s passport, child’s passport or birth certificate, marriage or divorce certificate must be attached to the application. Either photocopies are provided to the court along with the original documents, or only copies, but certified by a notary.

You can also submit to the court a reference from the mother’s place of work, a document certifying the child’s place of residence, a certificate of examination of living conditions, written documents from educational, medical or other child care facility, claims for alimony. Medical certificates, police reports and other official documents may be attached as evidence. If a representative of the prosecutor’s office or a traffic police inspector approaches the court, the application must contain an explanation as to why the claim was not brought by a civilian.

How are the grounds for depriving a father of his rights confirmed in court?

Let's look at some examples of reasons that are legally valid for depriving a father of parental rights.

Table 2. Grounds for deprivation of parental rights

Reasons	Example
I have not communicated with my child for more than six months	If the father has not taken part in the life of his child for more than six months, the question of deprivation of parental rights is raised. Information can be confirmed by witnesses.
Has been evading payment of alimony for more than six months	Materials of enforcement proceedings, testimony of the mother and witnesses, recording that the father does not list cash to support his children - evidence sufficient to deprive him of his rights.
Preventing a child from visiting other countries or studying	Regarded as an abuse of parental rights. Testimony from teachers, trainers, and written confirmation may be provided as evidence.
Chronic alcoholism/drug addiction	The proof is a medical report.
Inducing a child to alcoholism, theft, prostitution, begging	Testimonies of psychologists, representatives of the police and the PDN inspectorate, as well as the conclusions of the guardianship and trusteeship authorities are considered strong evidence.

Important point! Children who are already ten years old may be invited to court to participate in the survey. The child may be accompanied by a mother or an educational psychologist. The opinion of the minor himself plays a key role in the final decision made by the judicial authority.

Why is the child called to court?

The Russian Civil Law Code states: a child who has reached the age of ten can already be present during the hearing of the case on depriving his father of parental rights. Children are interviewed by specialists based on their age and development. Here is an approximate list of questions that may be asked of the plaintiff’s child:

1. “Do you know why you were invited here?”, “Who told you about this?”;
2. “Did they teach you what you should tell in court?”, “Did they rehearse questions and answers with you?”;
3. “Who do you live with now?”, “How does mom treat you?”, “When did you last see dad?”, “What does mom say about dad?”;
4. “How do you and dad spend time, where do you go?”, “Does dad help you?”, “Does dad buy you some things? Toys? Sweets?”, “What are you and dad talking about?” and the like.

Father was deprived of parental rights: consequences

After the court has made a decision confirming the deprivation of such status from the father, his rights to the child arising as a result of consanguinity are lost. Within three days after the decision is made, the relevant information is transferred to the civil registry office staff, who make an appropriate note on the child’s birth certificate or passport.

Accordingly, a man loses such rights as: the opportunity to ever become a guardian, adoptive parent or trustee of a minor, the opportunity to receive benefits related to paternity, to represent the interests of the child anywhere, as well as the right to communicate, raise and determine the place of residence of the child. The man also loses the opportunity to receive alimony and inheritance from his children.

A father deprived of parental rights cannot live with his offspring in the same living space if it does not belong to him and is not his only place of residence. At the same time, a father deprived of parental rights fully retains his responsibilities, first of all, to pay child support. Children, in turn, do not lose the right to their father’s living space and to receive an inheritance.

Important point! If another man wants to adopt a child, this procedure can be carried out no earlier than six months from the date of the court decision.

Is it possible to restore parental rights?

Russian legislation does not call the procedure for deprivation of parental rights irreversible. The father has the right to regain the right of a parent, provided that the circumstances or reasons that led to such consequences have disappeared.

The parent must independently prove that his behavior has changed, and the grounds that make his paternity impossible have been terminated. For example, a man could recover from alcoholism or drug addiction, find a job, or reconsider his views on raising a child. The father must apply to the court at his place of residence with the appropriate statement of claim and evidence. The evidence base may include witness statements, certificates from the place of work, or from a medical institution.

However, even when presented irrefutable evidence, the court takes into account the opinion of the child and his mother, as well as other persons living with the children and participating in their life and upbringing. If the father was an adoptive parent and was then deprived of this right, it is not restored.

Summarizing

Deprivation of parental rights is a way to legally protect the interests of a minor. The letter of the law implies that both parents have the same responsibilities and rights, but if one of the parents neglects these responsibilities, then he may be deprived of the right to the child. There are plenty of reasons for this - from ill-treatment with a minor to the point of ignoring the fact of his existence. We should not forget that by losing parental rights, the father is not freed from the very responsibilities that he is avoiding.

Judicial practice in Russia shows that in most cases, preference is given to the interests of the child and his mother, therefore fathers against whom claims have been filed for deprivation of parental rights are actually deprived of it. Despite the fact that the letter of the law allows us to restore the rights to communicate with children and participate in their lives, this may not be easy to do. Therefore, take care of your families and do not forget to treat your children responsibly!

Video - Deprivation of parental rights, grounds and consequences