Termination of parental rights is possible. When can parental rights be terminated? When a mother can be deprived of rights in relation to a child

13.04.2022

Now it is often said that the guardianship authorities, by law, can deprive parental rights and take the child from the family at their own discretion or on the simple accusation of “well-wishers”. Is everything so simple? Do all parents really need to be afraid that their child can be unreasonably taken away at any moment?

Why are parental rights terminated? Based on the decision of the district court at the request of the plaintiff in relation to one or both parents of the child - as it is written in paragraph 1 of Article 70 of the Family Code of the Russian Federation. This procedure does not apply to guardianship or guardianship: a guardian or trustee can only be removed from the performance of duties in relation to a minor.

1. Parents shy away from parenting.

Parental obligations are recognized as raising a child or paying alimony.

Separately, I note that in cases where parents do not fulfill their duties due to difficult circumstances or for other reasons beyond their control, deprivation of parental rights is impossible. Such circumstances can be, for example, a mental disorder.

2. Parents, without good reason, refuse to take the child from the maternity hospital or other institution where the child is temporarily

The basis for filing a claim for deprivation of parental rights in this case will be a statement of refusal to take the child from the maternity hospital from the mother or father. After that, the child is transferred to the care of the state.

3. Parents abuse parental rights

For example, they interfere with his education, incline him to begging, stealing, prostitution, drinking alcohol, drugs.

4. Parents abuse the child

For example, they use physical or mental violence against him, unacceptable methods of education, treat the child rudely, neglectfully, insult, exploit him, encroach on his sexual integrity.

5. Parents are ill with chronic alcoholism or drug addiction

If there is such a ground for deprivation of parental rights, the plaintiff should first obtain a medical opinion that the defendant has such a disease.

6. Parents have committed an intentional crime against the life or health of their children or against the life or health of their spouse

Since the Constitution of the Russian Federation enshrined the principle of the presumption of innocence, the filing of a statement of claim is made no earlier than the entry into force of a court decision on finding a parent guilty of committing a crime against the life or health of a child or spouse.

Procedure for deprivation of parental rights

In order to start the procedure for deprivation of parental rights, it is necessary to prepare a statement of claim. It must indicate the violated right of the child and the fault of the respondent parent. Documents confirming the above are attached to the statement of claim.

An action for deprivation of parental rights is filed with the district court at the place of residence of the defendant parent. If the statement of claim contains at the same time a requirement for deprivation of parental rights and for the recovery of alimony, the plaintiff has the right to file such an application at his place of residence.

The state fee for filing a claim for deprivation of parental rights in accordance with subparagraph 3 of paragraph 3.1 of Article 333.19 of the Tax Code of the Russian Federation is 300 rubles. There is no state duty when applying to the court with a demand for the recovery of alimony.

Who can be a plaintiff:

one of the parents, regardless of whether he lives with the child;
persons replacing parents: adoptive parents, guardians, trustees, adoptive parents;
prosecutor;
body or institution responsible for the protection of the rights of minor children.

Documents confirming the legitimacy of the claim:

a statement about the refusal of the parent to pick up the child from the hospital;
a court decision to find guilty of committing a crime against the life or health of a child or spouse;
certificate of non-payment of alimony;
court decision on the recovery of alimony, court order, calculation of the bailiff on the debt of the alimony payer as of the date the claim was filed with the court;
certificate of search for the debtor-payer of alimony;
information about police calls;
conclusion of a traumatologist;
sheets of temporary disability;
photographs, video, audio recordings, letters, notes;
testimonies confirming the circumstances on which it is possible to deprive parental rights.

Along with these documents, it is possible to attach acts of inspection by guardianship officers of the child’s home and at the place of residence of the defendant, the conclusion of the department of guardianship and guardianship on the conditions for raising and maintaining the child.

The result of the trial will be a court decision to terminate parental rights, or to refuse to satisfy the application.

Within three days from the date of entry into force of the decision, the court will send an extract from this decision to the registry office at the place of registration of the birth of the child to amend the birth record of the child.

Legal consequences of deprivation of parental rights

if one parent is deprived of parental rights

In this case, the child is transferred to the second parent. A parent deprived of parental rights is obliged to support his child, however, he loses all rights based on the fact of kinship with the child in accordance with Chapter 12 of the Family Code of the Russian Federation and can no longer take part in the upbringing of the child, act as the legal representative of his child. A parent deprived of parental rights loses the right to communicate with the child and his own maintenance of old age. He is also deprived of the right to benefits and state benefits established for citizens with children.

if both parents are deprived of parental rights or the child does not have a second parent

The child is transferred to the care of authorized state bodies. In this case, the adoption of a child or registration of guardianship by the next of kin is possible no earlier than six months from the date of the decision to deprive the rights.

rights of a child whose parent is deprived of parental rights

The child retains the right of ownership to the dwelling or the right to use the dwelling in which he lives with the parent. At the same time, the parent-tenant of such a dwelling may be evicted from it without providing another dwelling, if the court recognizes their joint residence as impossible.

The child retains property rights based on the fact of kinship with parents and other relatives, in particular, the right to inheritance.

Is it possible to restore a parent in parental rights?

Even with the deprivation of parental rights, it is possible to restore them in the future. This procedure is described in Article 70 of the Family Code of the Russian Federation, and is similar to the one described above, with the only difference being that the opposite must be proven.

If you have any questions for a lawyer, then we remind you that all users of the site "I am a parent" can get a free consultation with a lawyer. We publish questions and answers to them in the heading "".

Mikhail Krasilnikov

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, but 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 one of the parents of the rights is complex and has a large number of bureaucratic delays. That is why it is so important to know all aspects and nuances of future litigation. If you can't 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 need to take care of your child properly. What exactly does the legislation of the Russian Federation require from mothers and fathers in relation to their beloved offspring? The main postulates, as a rule, look like this:

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

Initially, it was established that both parents indicated in the birth certificate have equal rights and responsibilities for raising a baby from the moment of his birth until the age of majority. The specified period may be reduced if the child is recognized as fully capable before the age of eighteen (married, working from the age of 16). If the mother of a minor notes that the father negatively affects the condition and health of their common offspring, it will be her task to ensure the protection of the interests of the child.

The main reasons for restricting the rights of a parent

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

regular evasion from payment of alimony for raising a child;
use of parental rights for any mercenary and illegal purposes;
violence of a physical or psychological nature against a minor;
sexual violence against a child;
alcohol or drug abuse;
an attempt on the life and health of the other parent;
an attempt on the life and health of the minor;
refusal to perform direct parental duties;
refusal to take a child from a maternity hospital, medical or educational institution without serious circumstances.

Any basis you plan to rely on must be supported by the appropriate set of documents, only then can you send a formal application to the court. The deprivation of the father of 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 a hand against a child? Such an offense on the part of the head of the family, of course, is 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 continue to make the most informed decisions, without emotions.

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

This document (certificate) must be submitted to the police along with a statement of claim. Having studied the submitted papers, law enforcement agencies have the right to refuse to initiate a case or, conversely, to give it a go. In case of disagreement with the decision adopted by them, you can always challenge it in higher instances. If the responsible persons decide that a crime has taken place, an investigation begins. Upon completion of the investigative actions, the found evidence of guilt or its absence is transferred to the court.

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

A lawsuit for the deprivation of parental rights of the father can also be filed if the man evades the obligation to support his child, that is, to pay alimony. Do not forget that the father must provide for the minor offspring, regardless of whether the official marriage with the mother of the baby is terminated 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 contact the bailiffs to resolve such an 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 on imposing a penalty;
debt certificate.

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

What to do if a parent has addictions?

Drug addiction and alcoholism is a real scourge of our time, every year more and more people plunge into the abyss of addictions, forgetting about their real life and responsibilities in it. A person who lives for the sake of alcohol or drugs cannot be accountable for his actions and absolutely cannot raise underage children. In this case, the 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 apply with a package of documents to the court, do not forget to visit. They will ask you for a list of papers that must be submitted without fail. Among other things, staff will likely conduct a background check and assess living conditions at the place of residence of both the father and the child. For children over 10 years old, there is an opportunity to express their own opinion about the desire or unwillingness of being together with a parent.

The next stage is the submission of documents and applications to the court. During the hearing of the case, not only the judge, but also all the same guardianship authorities will get acquainted with the data provided. The decision on the future of the father's rights will be taken collectively by the participants in the process listed above.

Sample list of required 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 such a plan are made only in the court, it is she who determines the necessary list of papers. It should be noted that in some cases it can be extended. The basic set includes such documents as:

an application for deprivation of parental rights from a specific person (this may be the child's mother or guardian);
photocopy of the main documents (passport of the applicant, 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 characteristic from the place of study or work of the applicant, describing him from the positive side;
certificate of income of the applicant, confirming his financial stability;
a certificate of the place of study of the child, as well as a description of his behavioral characteristics and the level of perception of knowledge;
a document containing data on the living conditions of all participants in the litigation (father, mother, child, guardian, if any);
certificate from the place of residence of the applicant.

Possible nuances of the process of deprivation of parental rights

Now you know how to deprive a 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 can be the applicant for the above question. The following can initiate the deprivation or restriction of parental rights of the father:

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

It is also extremely important to know that while the case is pending in court, the parent still has to pay child support for their 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 require financial support from the 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 capable. If desired, the parent can agree in the court on the transfer of alimony to the current account of the son / daughter in the bank. 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 immediate family.

Do not deprive, but limit!

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

Pay attention to how the issue under consideration differs from such a procedure as deprivation of parental rights. The grounds for restriction are usually not as significant as in the first case. The main difference between this measure of punishment is that the father is given a probationary period of 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 process of rights may be the second parent (mother), guardian or legal representative, prosecutor or guardianship officer. The restriction of rights applies only to personal communication between the father and the child, but does not relieve the former from financial obligations.

How is the termination of parental rights carried out? Sample Application

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

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

The main text contains information about the rights, obligations and possible violations, that is, what tasks the father of the child does not cope with, what illegal actions he commits.

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

Below you can see what the application looks like, or rather, its typical sample.

Deprivation of parental rights can be achieved only by making a lot of efforts, in particular, by collecting all the necessary documents and correctly filling out a statement of 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 with it in advance, this will help to reduce bureaucratic red tape and speed up the process.

Can I get my rights back?

How is the restoration of parental rights carried out and is it possible at all? There are a few basic guidelines you can follow to help you become a good parent again. The main ones are:

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

Restoration of parental rights is also carried out strictly through the courts. It is very important to contact the authorities in a timely manner, because in six months a child from an orphanage can be adopted, and subsequently not be transferred to former parents. Of course, such information is relevant only if the claimant is the guardianship authority, and not the mother. Try to collect as much documentary evidence as possible to correct the 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: to separate dad and baby is only in the rarest, exceptional cases. Such interference can negatively affect the psychological state of the child and cause him serious harm 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 in the existing situation.

As a rule, deprivation of rights is associated with a significant violation by parents of ethical or moral standards in relation to their own children, with the refusal to support and educate their children.

The most common option is the deprivation of parental rights of the father. This fact terminates the father's rights over his children.

Traditionally, mothers take more care of their children. In the future, this situation leads to the fact that the father is removed from their upbringing.

In our time, situations are not uncommon when fathers themselves ignore the existence of a child, which means they forget about the responsibilities for its maintenance, upbringing and other assistance.

Often, the restriction or deprivation of fathers of parental rights acts as a sort of means of retribution.

This happens in divorces, as well as in confrontation between wealthy parents.

But adults often do not take into account the state of their children, whose psyche is traumatized by such a division.

There are cases when, after a divorce, the father simply does not show interest in the child, but at the same time does not refuse him.

Then the mother can apply for the deprivation of the parental rights of the father, either to meet the current needs of the child (to go abroad on vacation without obtaining the consent of the father), or to protect him from the father's demands in the future (to exempt him from paying alimony to the father).

It happens that the mother marries a second time. Then the deprivation of the father of parental rights may be due to the desire of the new husband to adopt the child.

Grounds for deprivation of parental rights of the father

Deprivation of parental rights is carried out exclusively in court. The grounds for this are provided for by the Family Code of the Russian Federation (Articles 69, 70).

The case of deprivation of parental rights of the father will be considered at the request of the mother of the child. In this case, the participation of the body of guardianship and guardianship and the prosecutor is necessary.

The grounds on which it is possible to terminate parental rights are listed in the law and are exhaustive:

What is the process for terminating parental rights?

It is worth immediately identifying those persons who have the right to file a lawsuit with the court for deprivation of parental rights.

The law defines the circle of such subjects:

mother directly;
trustee;
guardian;
Educational establishment;
health care institution;
other children's institution;
prosecutor;
body of guardianship and guardianship;

The claim must be submitted in writing. Filing is carried out in the district court at the place of residence of the defendant.

The claim contains the following information:

If the prosecutor makes such an application, it must contain a justification why it is impossible to bring a claim by a citizen.

The package of documents that are submitted to the court is individual for each situation.

The best option is to contact a lawyer who will help with its formation.

However, some general advice can be given:

Attach copies of your passport, marriage certificate, divorce certificate and birth certificate. They must be properly certified. You can submit to the court either copies certified by a notary, or copies together with the originals;
It is necessary to provide a certificate from the place of residence of the child himself, as well as an act of examination of housing conditions;
A certificate from the place of work of the parent is also required, as well as a description of the parent from the place of work and place of residence;
Provide written evidence supporting the grounds for depriving the father of parental rights.

In addition to the main requirement, which is to deprive the father of parental rights, you can also file a claim for recovery from him.

Since, the legislation establishes that the deprivation of parental rights does not relieve the father of his obligation to support his child.

The decision of the court will address this issue. The position of the plaintiff on the required amount of alimony will be taken into account by the court.

What evidence should be brought in court to confirm the grounds for depriving the father of parental rights?

If the father abuses his parental rights.

An example may be preventing a child from visiting foreign countries (those countries where the consent of the second parent is also required).

There are situations when a child needs to go abroad alone (as part of a tourist group or national team, for example).

The consent of both parents is then required. Failure to provide such consent may be considered an abuse of parental rights.

Obstruction in learning, inducing a child to beg or steal, prostitute or drink alcohol, etc., should be regarded as abuse.

Such a basis as chronic drug addiction and alcoholism of the father must be confirmed by a medical report.

In the event that the father for more than six months, without a good reason, did not take part in the life of the child, and also does not pay alimony (this must be documented), then the issue of deprivation of parental rights can be raised.

Significance will be evidence, the conclusion of the guardianship and guardianship, materials of enforcement proceedings.

It should be taken into account the fact that when a child reaches 10 years of age, he can be summoned to court for questioning in the case of depriving his father of parental rights.

A mother or a teacher must be present next to the child at this moment (Article 179 of the Code of Civil Procedure of the Russian Federation). Consideration of the opinion of such a child will be mandatory for the court.

The questioning of the child should be carried out taking into account his age and development.

The child may be asked the following questions:

Does the child know why he was invited. If so, who told him?
Did anyone teach him what to say in court?
Who does he currently live with? Does he see dad, if so, how often?
Does dad help him, does he give toys, books?
What is he talking about with his dad? Etc.

Consequences of deprivation of parental rights

At the end of the consideration of the case on deprivation of parental rights, the court makes a decision. This decision of the court will be evidence of the father.

The consequence of this procedure will be the termination of the rights to the child, which were obtained as a result of kinship.

The father will lose such rights as the right to determine the place of residence of children, the right to education and communication; the father will not be able to represent the interests of children when receiving benefits, benefits; deprivation of rights means that such a father will not be able to become an adoptive parent, guardian or trustee in the future.

Such a father also cannot count on alimony and the inheritance of his children. But a father who has been deprived of parental rights is not released from the obligation to support the child.

This means that the court has the opportunity to order child support payments. A father deprived of parental rights cannot live with the child, which means that he can be evicted without providing another living space (in the event that the premises are provided under a social lease agreement).

The same child in relation to the parent is saved.

He has the right to, the right to receive alimony, the right to living space.

Within 3 days after the court decision comes into force, an extract from it is sent to the registry office. On the basis of such an extract, the employees of the registry office make a note in the birth record of the child.

You can adopt a child after six months from the date of the court decision on deprivation of parental rights.

Restoration of parental rights of the father

The law allows the father to restore his parental rights. This is possible only if the circumstances and reasons that served as deprivation have disappeared.

To carry out the procedure for restoring the rights of a parent, the father must file a claim with the court. At the same time, he is obliged to prove that the circumstances due to which he was deprived of parental rights have disappeared, and his behavior has changed.

The following fact should be taken into account: if the child was adopted, then the restoration of parental rights becomes impossible.

When restoring parental rights, the court must take into account the opinion of the mother, as well as those living with the child. The opinion of the child himself must also be taken into account.

It is widely believed that basically irresponsible fathers are deprived of parental rights (You can read more about this in the section - Deprive father of parental rights. In reality, this is not always the case. According to statistics, almost half of the cases in this category are about depriving the rights of inept mothers. Unfortunately , in modern society, such cases are far from uncommon.How can a mother be deprived of legal parental rights - the question will be relevant for fathers, grandparents and other relatives who cannot calmly observe the mother's irresponsible and often dangerous behavior for the child.

Modern mothers sometimes leave newborn babies in maternity hospitals. And those women who are taken away cannot always take good care of them and fulfill their parental responsibilities to the fullest. Sad but true: a huge number of children live in social institutions with living parents.

They are not orphans, and it is almost impossible to adopt them. Therefore, in many situations it will be better for a child if his unreliable parents are deprived of their rights. Then he has a chance to be in a normal family, to receive love, care, attention and a good upbringing.

Sometimes depriving a mother of parental rights, which in fact is not one, means giving the child this very chance to find out what a real - caring and loving - mother is.

In what cases is a mother deprived of parental rights?

Both parents have the same obligations under Articles 63-64 UK. They must take care of upbringing, education, material maintenance, moral and physical health, moral and spiritual development, protection of the rights and interests of their children. They should show enough attention to children, surround them with love, create conditions for the comprehensive development of the individual. And of course, children should be fed, dressed, shod, live in a clean, warm apartment.

The mother will be deprived of her rights only if she does not fulfill her duties through her own fault. If the mother has a mental disorder, she cannot be deprived of motherhood, because she is a sick person and her guilt is absent. Maternal rights are also deprived on other grounds that are established by law (see below). Deprivation of rights is an extreme measure, as a result of which all family ties with the child are lost.

Why can a mother be deprived of legal parental rights?

The list of grounds for depriving an irresponsible mother of rights is established by Art. 69 SC:

systematic failure to fulfill their duties;
non-payment of alimony (if the child lives with the father) for more than six months;
unreasonable refusal to take the baby from the hospital (when there is no good reason for this);
abuse of rights. This may be inducing a child to use drugs, alcohol, to commit crimes, to beg, to force sexual acts;
alcoholism, drug addiction;
abuse (physical, moral, which leads to mental health disorders of the baby);
a crime against the life of the baby or the second spouse, their health.

An important point: the grounds indicated in the statement of claim must be proven and documented. Otherwise, the court will consider the claims unreasonable.

The procedure for deprivation of rights

father;
guardian and trustee;
prosecutor;
child protection.

The plaintiff in the case is a child, and the above applicants act as his representatives. Other relatives and caring strangers can apply for the protection of the rights of the child to the relevant authorities.

The claim must be filed at the place of residence of the mother. If the fact that the child lives with the father is proved, you can apply at their place of residence. The following circumstances do not affect the consideration of the case:

the status of a single mother;
the mother is married to the father of the child or divorced;
mother's immaturity.

The deprivation of the mother's rights can occur in favor of the father or close relatives (they are recognized as guardians if they can provide normal living conditions). If the mother had the status of a single person, the child is placed in an orphanage.

Where to begin

Start by gathering evidence. Decide on the grounds for deprivation of rights and collect supporting documents. If the mother does not take care of the child, write an application to the guardianship authorities for verification. They will draw up an act and, if there are grounds, they will register you as a dysfunctional family. You definitely need to enlist their support.

There is a mother in prison, take an extract from the Federal Penitentiary Service. If the basis is the commission of a crime, you must have a court decision in the relevant criminal case. Or, at the very least, an initiation order. If you need to prove abuse, use certificates from medical institutions and doctors' testimony.

Additional evidence of violation of children's rights may be:

certificate of calling the police;
opinions of psychologists/psychiatrists;
conclusions of doctors about injuries;
characteristics of the mother's personality, etc.

Before filing a claim, you must definitely take care of creating an evidence base. Otherwise, the hearing of the case, at best, will be very delayed. At worst, you will lose it. You can read more about admissible evidence for each of the grounds in the section - Grounds for depriving parental rights. The court will take into account not only your documents, but also the conclusions of the prosecutor's office, guardianship authorities, as well as the evidence of the defendant.

When the necessary documents are collected, file a claim. It should contain facts (“dry” legal language, emotions are useless here) and evidence. Please pay the fee before submitting. Since 2015, its size is 300 rubles. The father of the child is exempt from paying the fee.

How to terminate parental rights of a mother without her consent?

As it was stated above: on the indicated grounds and according to the described procedure. The defendant's consent is not required. He has the right to defend his opposite position and to confirm it with documents. The court will consider all the facts presented, check how well they are substantiated, and make an informed decision.

How to deprive a mother of legal parental rights if she agrees?

The only option when a mother can voluntarily give up her rights is to leave the newborn in the maternity hospital by writing a statement of voluntary refusal. In other cases, the mother cannot waive her rights. She can be deprived of motherhood forcibly if there are grounds for that.

It must be understood that the deprivation of rights - voluntary refusal or forced - does not relieve the mother of obligations in relation to the child. They arise upon the fact of his birth, and last until he reaches the age of majority.

Can a grandmother terminate a mother's parental rights?

Often in practice, it turns out that the mother of the child is replaced by his grandmother, who takes care of the baby in every possible way and provides him with all-round help and support. But what if the mother has not only withdrawn from the upbringing of the child, but also poses a serious threat to him?

Or, in the future, without caring at all about the baby in his time, will he want to claim full maintenance from him in old age?

In this case, it makes sense to think about depriving the mother of her rights to the baby.

In what cases can a grandmother become an applicant in such a case to the court?

In order to answer this question, you first need to find out who can be an applicant in such a process:

the child's parent;
authorized guardian;
prosecutor's office;
baby guardian;
child's caregiver.

As we can see, even close relatives of the child are unfortunately deprived of the right to file a claim.

But what to do if the issue of deprivation of rights is acute?

In such a situation, the child's grandmother has two possible options:

1. Get the status of a guardian and in the future apply to the court with a claim for deprivation of rights.
2. Apply initially with a demand that the mother's rights be limited. With this option, the child's grandmother can directly apply to the court, and, in case of successful completion of the case, receive the status of a guardian and proceed further.

How to start the process of deprivation of rights by the grandmother of the child?

If the grandmother has already acquired the status of a guardian, then in order for her to be able to deprive her of her rights, she needs:

1. Gather all evidence that the mother has a negative impact on the child for one of the following reasons:

a. Child abuse;
b. Self-withdrawal from education and assistance in all areas of the child's life;
c. Malicious evasion of the child's financial support;
d. Serious alcoholism;
e. The presence of drug addiction;
f. Leaving the child in any organization (educational, medical) and categorically disagreeing to pick him up.

2. After the evidence is prepared, the grandmother needs to file a lawsuit in which you need to indicate:

a. the actual situation;
b. The law you are referring to;
c. The specific relationship between the suffering of the child and the negative behavior of the mother.

3. To confirm the declared facts (depending on the basis), the following documents must be attached:

a. Certificate from the bailiffs with the calculation of the debt;
b. A certificate from the kindergarten baby and a characteristic;
c. Certificate from the child's school/gymnasium;
d. Information from the clinic;
e. A document that confirms the status of the guardian;
f. Certificate of birth of the baby;
g. A photocopy of your passport;
h. Paid state duty receipt.

4. After all the documentation has been collected, you can apply to the district court in the place where the baby's mother lives. Documents can be submitted to the court in one of the following ways:

a. Hand over to the judge at an individual reception;
b. Transfer through a judicial expedition;
c. Send by mail.

After the judge receives all the documents, if everything is prepared correctly, he accepts your request for proceedings and schedules a hearing.

How to terminate the parental rights of the mother of the child to the guardian?

Since claims for deprivation of rights can be brought by a very limited subject composition of persons, which include the father, mother of the child, the prosecutor and guardianship authorities, then, if close relatives of the child, for example, a grandmother, want to deprive parental rights, serious difficulties may arise. .

In order for the relatives of the child to have the right to file a claim for deprivation of rights, for starters, you should acquire the status of a guardian.

As a rule, custody relationships arise when the child has parents, with their consent. If there is no parental consent, then problems arise, and the status of a guardian can be obtained only if there are circumstances that really threaten the life of the child.

If you have such concerns, you should immediately contact the guardianship and guardianship authorities, who should immediately respond to your signal, contact the child's parents, come to their apartment and conduct an examination of the dwelling, and also prepare a conclusion on the fact of the possibility the stay of the child in this housing.

If it is really revealed that the presence of a child with parents poses a significant threat to his life and health, then the child is forcibly taken away from his parents. At this point, the guardianship authorities identify who can be appointed as a temporary guardian of the child. As a rule, close relatives are considered first for this role.

If the relatives themselves agree to become temporary guardians of the child, then the child is transferred to their upbringing. With all this, preliminary guardianship is issued. Since preliminary guardianship is an emergency and urgent method, it is enough to present a passport and the presence of appropriate conditions for the life of the baby to obtain it.

After the establishment of preliminary guardianship, such a guardian has the right to prepare all the necessary documents for the establishment of guardianship in the general regime within a reasonable period of time prescribed by law.

As for the issue of deprivation of parental rights, it is from the moment of obtaining the status of a guardian (even temporary) that the person concerned acquires the right to file such a claim in defense of the rights of a minor child.

The statement of claim for the deprivation of the rights of the mother is prepared according to the general rules and all the same documents that are required in ordinary cases are attached to it. The only thing worth pointing out additionally is that it is also necessary to attach documents confirming the status of the guardian, as well as the already existing conclusion of the guardianship authorities and the act of examining the living space of an unscrupulous mother.

When applying to the court with such a claim, it is worth basing your claim on the grounds available in law for deprivation of parental rights, and also collect and prepare all certificates of inappropriate behavior of the mother of the child.

Since the deprivation of rights is at least, even if there are substantial grounds, it is worth being prepared for the fact that initially the mother of the child can simply be limited in her rights (in meetings with the child, in the right to raise him, etc.), and provide a reasonable period for correction.

But if there is no positive dynamics in the behavior of the mother of the child for the period provided by the court, then she will certainly be deprived of her rights.

I would also like to note that simultaneously with the deprivation of the mother of parental rights, the guardian of the child has the right to file a claim for the recovery of alimony from the mother of the child for his maintenance. Indeed, despite the deprivation of rights, the mother will retain all her obligations towards the child in any case.

How to deprive a mother of legal parental rights if she drinks?

Chronic alcoholism is a disease. To deprive an irresponsible alcoholic mother of parental rights, she must be registered with a narcologist or undergo a medical examination. A woman is unlikely to agree to do this voluntarily. But if she commits an administrative or criminal offense, she may be forced to undergo an examination.

How can you deprive an alcoholic mother of legal parental rights if there are no medical reports on hand? It's practically impossible. Even the numerous testimonies of witnesses will not help here. If a woman comes to the court session sober, she may well refute them, explaining this by hostile relations.

If you can't get a medical certificate and you don't know how to terminate parental rights for an irresponsible alcoholic mother, bypass it. Surely a drinking woman does not take care of children properly. Most likely, he often demonstrates abusive treatment of them. Collect relevant evidence and go to court on these grounds.

Who can become a guardian?

Fully capable adults only. The court will take into account the characteristics of their personality, moral qualities and material support. Guardianship is issued six months after the deprivation of rights.

For how long are they deprived of motherhood?

The legislator acts in the best interests of the child. Therefore, after the deprivation of rights, he gives the mother a second chance. As soon as she changes her way of life, the mother can write an application for the restoration of her rights. If at this point the child is not adopted, she can be met.

If the child has reached the age of majority (18 years), restoration of rights is no longer possible.

If you still have questions about how to terminate parental rights, call us and we will help you! Our phone numbers are in the section - Contacts!

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Do you want to terminate your mother's parental rights? Do you need legal assistance regarding the termination of parental rights of the mother? Contact us! We have the most extensive experience in resolving such conflicts in Moscow. And we are the only company that specializes in termination of parental rights!

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The most serious punishment for parents for mistreating their child or failing to fulfill their parental responsibilities is deprivation of their rights in relation to the child/children. This is an extreme measure and the list of reasons for this is closed. Why can a parent deprive a child? Can I restore my parental rights, what is needed for this? What are the grounds for depriving the rights of a father or mother? Let's try to figure it out:

Grounds for deprivation of father's parental rights

The Family Code represents equal rights in relation to the child, both for mom and dad - clause 1 of Art. 61 RF IC. And it also demands the same. For failure to fulfill their parental duties or abuse of their rights, the state can punish the parent, and the most serious punishment is the severance of ties with the child - deprivation of parental rights.

Why they can deprive their father:

for non-payment of alimony without a good reason;
for unwillingness to fulfill their parental duties: unwillingness to communicate, see each other, educate, etc.;
for alcoholism or drug addiction;
for violence, including sexual violence against their children/child;
for violence against his wife;
for bullying, including psychological abuse of a child;
for coercion to engage in an asocial lifestyle;
for committing a crime against children or their mother (his wife).

Reasons, very serious, and therefore lead to deprivation of rights.

Grounds for deprivation of mother's parental rights

The Family Code does not allocate any special reasons for depriving a mother of her rights in relation to a child. This confirms the position of the legislator that parents have equal rights and bear equal obligations to the child. That is, for which the father is removed from the child, for that the mother, namely, Art. 69 RF IC:

evades exercising his rights: does not want to spend his time with the child, leaves without a good reason in the care of grandparents (at best) or, in general, strangers, does not attend a children's clinic, does not take the child to school when, due to age he cannot do it himself, etc.;
does not take her child from the maternity hospital, children's camp hospital, kindergarten (without a good reason), etc., in other words, abandoned the child;
beats his child, forces him to engage in begging, prostitution, other illegal acts, commits acts of violence against his child, both sexual and psychological;
is a drug addict or alcoholic;
found guilty of committing a serious crime against her children (one child) or spouse. Here it is necessary to clarify: the crime does not have to be committed against the child who is going to be taken away: a woman can cripple, kill her other child, but she will be deprived of parental rights in relation to everyone.

Deprivation of parental rights of a mother is always stressful, and, first of all, for children. It is known that the love of a child for his mother is unconditional, and they always justify the actions of their mother, no matter how cruel they are. The court takes this fact into account, therefore, it is possible to deprive the mother of parental rights only if there are really very weighty circumstances.

The procedure for deprivation of parental rights

Deprivation of rights is possible only in court. The plaintiff may be either a second parent, or a guardian, or a prosecutor, or a representative of a guardianship authority, or a representative of an orphanage or other similar institution.

If the claim is filed by the prosecutor, then the claim itself must contain justification.

The defendant or defendants in such cases are always the parents. The body of guardianship and guardianship gives its opinion at the court on the advisability of applying an extreme measure, if the court does not agree with the opinion of the "guardianship", then it must be motivated in the decision.

After accepting the claim for consideration, the court informs the second parent, if he lives separately, of his right to file a claim for the transfer of the child to him. This protects the rights of the second parent.

The absence of a prosecutor or a representative of the guardianship body is not an obstacle to the consideration of the case.

If the court decides to terminate parental rights, then it also determines where the child will live after the decision comes into force.

If a parent is deprived of their rights, then their obligations remain, therefore, in one lawsuit, the issue of recovering alimony from the parent for the maintenance of the child is resolved - clause 2 of Art. 71 RF IC.

In case of deprivation of the rights of a parent, the court sends a copy of the decision to the registry office within three days.

Required documents

The court approaches each deprivation of rights case individually, so each time the package of documents may be different, we will indicate only POSSIBLE documents that the court may request:

Petition for termination of parental rights.
Documents confirming the identity of the plaintiff, defendant, child: passports, birth certificate.
Certificate of divorce, marriage, paternity.
Extracts from the house book.
Statements from the personal account (where alimony should be received).
Information about convictions.
Medical documents: certificates from the drug dispensary, psychodispensary
Information about the amount of debt for alimony.
The decision of the court on the recovery of alimony.

In general, you will have to provide all those documents that prove your words in the statement of claim. The term for consideration of a claim is general.

Restoration of parental rights

Deprivation of parental rights is an indefinite act, but not indisputable, which means that a negligent parent, if he suddenly changed his lifestyle, behavior, attitude, etc., can claim to restore legal ties with his child.

Art. 72 of the RF IC does not specify the period after which a person deprived of rights can file a claim (namely, the court is empowered to both deprive rights and return them) to restore their parental rights, but it is assumed that not earlier than 6 months, since personal restoration or changing a person is a long process and overnight mom or dad cannot become ideal if they were previously deprived of parental rights: they must undergo treatment with a narcologist, if they were deprived of a child due to addiction to alcohol / drugs, a course of psychological assistance will be arranged to work, etc..

Before going to court, a parent deprived of rights must obtain a conclusion from the guardianship and guardianship authority that he has corrected himself, and his home is prepared for the normal life of the child. In addition to giving a written opinion, a representative of the guardianship and guardianship authority will confirm his words in court.

P. 2 Art. 72 of the RF IC indicates that in addition to the mandatory presence of a representative of guardianship, the prosecutor must participate in the process, which is due to the particular importance of the situation where increased control over the legality of the decision is necessary.

Nuances:

Restoration of parental rights can be carried out before the child reaches the age of majority, and if the child is an adult, that is, has reached the age of 10, then the court will definitely ask his opinion: does he want mom or dad to be able to communicate with him again.
It is impossible to restore parental rights in relation to an already adopted child - paragraph 4 of Art. 72 RF IC.

Together with a claim for the restoration of deprived rights, a parent can file a claim for the return of the child to him, but if the first claim is satisfied by the court, this does not mean at all that the second will be satisfied. If the guardianship authority does not give a positive opinion on the living conditions of the parent who claims to live together with the child, then the child will not be given to him, he will remain to live either in an orphanage (another similar institution), or with a guardian, or with a second parent, but the reinstated will be allowed to participate in the life of his child: meet, communicate, etc.

After the restoration of the parent's rights, the court sends a copy of its decision to the registry office and the parent can complete the administrative part of the restoration of parental rights.

An example from judicial practice: children are hostages of adults.

Very often, divorced spouses make their children hostages of their grievances towards each other. Moms or her relatives are trying to deprive the ex-spouse of parental rights in relation to common children, but one desire for the court is not enough.

An application was submitted to the Krasnoarmeisky District Court from the plaintiff O. to the father of her niece V.. In the claim, the applicant indicated that after a divorce from her sister E. 5 years ago, both parents abandoned their daughter, leaving her to be raised by her own aunt. For several years, neither of them was interested in the life of his daughter. Her sister E. had already been deprived of parental rights and the plaintiff demanded the deprivation of the rights of her father, for the subsequent registration of custody of her niece, since she did not have her own children. The plaintiff in the statement referred to the fact of non-payment of alimony for her daughter V. and complete non-participation in her life.

Defendant V. presented to the court receipts of bank transfers, where the reason for the payment indicated that the transfers were alimony payments. The sums of the transfers were insignificant, but equaled the defendant's official earnings. In addition, the defendant petitioned to call witnesses - mutual acquaintances and friends, who confirmed in court that every summer V. came to his parents, who live in the same locality with his daughter, and took her to him, and the plaintiff did not object. The witnesses did not confirm O.'s allegations that V. did not participate in his daughter's life. The court took into account the testimony of witnesses, as well as the fact of conscientious payment of maintenance obligations, and O. refused the claim for deprivation of parental rights.