That tells the law
Deprivation of the parental rights – difficult procedure, and legal fight for paperwork can last some months. Also It should be noted that exist defined for this basis, approved by the government. If all of you decided to deprive of the parental rights of one of parents before going to court, be defined, why for you and your child it is necessary.
Consequences of deprivation of the rights
In case one of parents loses the parental rights, he loses opportunity:
- to bring up the child;
- to see the son (daughter);
- to be interested in its achievements or problems in school, and policlinic;
- to allow or to forbid something to the child (for example, the exit visa abroad);
- to apply for inheritance for the child while the last will inherit property of the parent anyway;
- to bypass the law and not to pay .
Deprivation of the parental rights of one parent does not extend on relatives from his party at all. For example, the grandfather and the grandmother of the child do not lose the right to see it and to help with providing.
It should be noted that in 6 months from the date of a judgment about deprivation of the parental rights, the spouse or spouses of the remained parent has the right further to adopt the child.
In order that your case was considered in court, it is necessary to collect the full package of documents confirming those circumstances on the basis of which you intend to deprive of the parental rights of the second parent.
List of documents
- Birth certificate of the child.
- Certificate on paternity proof.
- Uniform housing document.
- Document on payment of the state tax.
- The document confirming the income of the parent:
- the reference with the indication of an average salary;
- other documents containing data on the income.
- The other available written proofs in the claim:
- judgment about refusal in deprivation of the parental rights;
- judgment about collecting the alimony or the injunction;
- the certificate of bailiffs of payment (in particular about debt) the alimony;
- references from educational institutions and the medical organizations;
- sentence of court (for example, for the committed crime).
According to Art. 69 of the Family code of the Russian Federation there are 6 bases for deprivation of the parental rights.
- Evasion from performance of parental responsibilities. Here also also malicious evasion from payment of the alimony enters. In this case one of parents who for the reasons, different on that, repeatedly and systematically refuses to fulfill a parental duty that is expressed in absence of care of children. This fact it is necessary to support by the documents, and refusal in material support (evasion from payment of the alimony) it is not necessary.
- Refusal without valid excuse to take the child from maternity hospital. If one of parents refused to take away the child from maternity hospital, kindergarten, hospital, and also from other establishments of social protection of the population, it also becomes the basis for deprivation of the parental rights.
- Abuse of the parental rights. This basis concerns to those parents who create conditions under which the child cannot develop, get educations fully. It is also possible to deprive of the rights in case the parent accustoms the child to use drugs and alcohol.
- Extremely child abuse. Here belongs not only physical (a beating and any other causing physical sufferings), but also psychological (threats, suggestion of sensation of fear, suppression of any will) the parent's superiority over the child.
- and drug addiction. The systematic use of alcoholic beverages and narcotic preparations in the presence of children can become the basis for deprivation of the parental rights. But this fact has to be confirmed with the corresponding medical certificate. And even if the respondent through court of the parent recognizes incapacitated, it will be all the same deprived of the rights.
- Deliberate crime. If one of parents committed a crime in relation to the second half or did much harm to health of the child, it is one more basis for deprivation of the parental rights. In that case in court will be to make enough the claim which confirms a crime.
It is possible to deprive of the parental rights only in a judicial proceeding. Representatives of the law will start considering case only after filing of application from one parent or from representatives of institutions to whom the rights about guardianship of minors were assigned (agencies of guardianship, the commissions on affairs of minors, establishments for orphan children).
In court during process it is necessary to prove that the parent is really guilty and his behavior cannot be changed to the best. It should be noted that the parents deprived of the parental rights are obliged if not completely then partially to support the child. That is they have to take part in expenses on treatment, training and education.
If both parents refused at once the child, he gets automatically to category without parental support. The same can occur if the second parent does not want or cannot take the responsibility about education of the son (daughter). And also in cases when lonely mother or the father who is bringing up the child without mother loses the parental rights.
Mirsovetov reminds that on care of agencies of guardianship the child gets in case he remained one at all or not opportunities to transfer him to other spouse (spouse). The parent who thought again and decided to adopt again such child, is able to do it only after six months from the date of removal of a judgment about deprivation of the parental rights.
Together with deprivation of the parental rights the court has to resolve also an issue of, whether possibly to parents to live with the child. The matter is that according to Art. 91 of the Housing code from the house the parent deprived of the parental rights thus can be moved without having received instead of other housing. It is solved by the judges who counted cohabitation as the impossible.
If the apartment is in property of the child or one of parents, the second, deprived of the parental rights, can be moved. As he will not be considered as family member any more. But he has the right to remain in the apartment (house) only if the housing is in property in an equal share with it and the child.
In case the court decides that the child cannot live with deprived of the parental rights, it moves, but the property right to premises and the right of accommodation remains for all the time of absence of the child there.
Than deprivation of the rights is fraught
Often the people deprived of the parental rights start remembering the children in old age or when lose means of livelihood. But if under usual conditions it it is possible to call care younger about seniors and vice versa, in this case it the interrupted communication between native long ago because of the parent who once refused to carry out the duties. For this reason already adult children do not want to help parents. But, anyway, children have the right to bequeath to such parents the property. And parents who are deprived of the parental rights, to all other lose also all put privileges (if those were available) paid by the state.
Restoration of the rights
Until the court does not cancel the decision on deprivation of the parental rights, they will not be restored. So, according to Art. 72 of the Family code of the Russian Federation parents will be able to enter again the parental rights in case they changed behavior, a way of life and (or) the relation to education of the child.
It should be noted that restoration of the parental rights, as well as deprivation, is made in a judicial proceeding. But that the court started considering the this case, one of parents who is deprived of the parental rights, has to write the corresponding application. When considering the case at court there have to be bodies of guardianship.
Taking into account opinion of the child, the court has the right to refuse satisfaction of the claim of parents (one of them) for restoration in the parental rights if it is not wanted by the child. Because restoration of the rights concerning the child who reached age of ten years is possible only from its consent. It should be noted that restoration in the parental rights if the child is adopted and is not cancelled, it is not allowed.
Before taking such serious step as deprivation of the parental rights, think several times, weigh all pros and cons. Perhaps, having reflected, you give up the thought. After all parents first of all have to care of the child, try to arrive so that in the future he was happy and favourite, and it is possible only in a full-fledged family.