Deprivation of parental rights - procedure, mildlyspeaking, not from pleasant. Before you go to court with a similar claim, think a hundred times whether it is worth doing. But if the husband has long disappeared from your life or is mistreating your son or daughter, then there is nothing else left but to deprive the father of the child of parental rights.
Reasons for deprivation of parental rights
We want to notice that to exempt from all rights toa child can not only father, but mother. As a rule, this happens much less often, but the current legislation gives both parents the same rights and obligations.
So, why do they deprive the father of parental rights? Naturally, one desire of the mother will not be enough. For this, the Family Code provides a specific list of reasons:
- constant evasion from payment of alimony or non-fulfillment of other parental responsibilities;
- for refusing to take a child from a hospital, maternity hospital, or another institution;
- manipulation of parental rights (for example, when one of the parents does not allow the other to see and communicate with the child, engage in his upbringing);
- inhuman treatment of a child (attempt, sexual harassment and other actions);
- abuse of the parent by alcohol or drugs;
- other criminal acts that pose a significant threat to the child.
How to deprive the father of the child of parental rights: we sue
In order to deprive the father of all rights to the child, you first need to go to court. To do this, you need to prepare a claim, where you must specify the following:
- name of the court;
- data and address of the plaintiff;
- information about the defendant.
Далее необходимо описать свои требования, circumstances that may be grounds for depriving the father of his rights, as well as their evidence. At the end of the list of documents that are attached to the application.
Consequences of deprivation of parental rights
Перед тем как лишить отца ребенка родительских rights, the court carefully examines all the grounds and evidence to make a right and legitimate decision. Sometimes it is very difficult to prove the defendant's guilt. If, however, the court deprives the father of the rights to the child, the parent, accordingly, loses all the powers that he had on the basis of kinship with his daughter or son. Namely:
- receive any benefits that may be due to citizens who have children;
- have the right in the future for maintenance from an adult child;
- receive an inheritance from the child (if he, God forbid, will die).
For the child, in turn, in the material plannothing changes. He will also receive alimony (if they are established), has the right to inherit the property of the parent, remains to live in the room where he lived before the court's decision. The mother will have the right without permission of the father to travel with the child abroad, change his name, and her new husband will have the opportunity to adopt a child.
Также следует помнить, что суд имеет полномочия not only to deprive the parental rights, but also in the future to restore the rights of the father (mother). If the parent revises his behavior and subsequently proves to the court that he has completely changed, then all the lost rights can be returned to him.
If you think how to deprive the father of a childparental rights, first ask the opinion of the son or daughter. Maybe your desire is provoked by resentment, vengeance or the desire to just attract attention, but not common sense. In any case, approach this problem very carefully and seriously.
