The legislation provides for a number of grounds under which parents may be subject to...

These grounds are very weighty and must be proven in court, and their list is strictly regulated by law.

After a positive court decision is made, certain consequences arise for both parties to the case (that is, the child and the child) - both legal and social. These consequences will be discussed in more detail below.

At the legislative level, the main consequences that occur for parents deprived of rights to their children are enshrined in Art. 71 of the Family Code of the Russian Federation.

Moreover, they are both legal, that is, legislative, and social in nature.

According to this article, the following occurs:

The father loses all rights to the child that were granted to him by relationship

In particular, these include the ability to:

• take part in raising a child;
• represent his interests in various services and bodies;
• see and communicate with him;
• receive a survivor's pension;
• claim the child’s property after it in the form of an inheritance;
• receive financial assistance from him () in the event of incapacity for work;
• receive financial assistance from the state, various benefits and benefits established for the father based on the presence of a child.

Thus, unlike, for example, from, when they are deprived, the father completely loses the opportunity to hold personal meetings with the child, see him and somehow contact him in other ways, as well as live in the same living space.

At the same time, issues of cohabitation often cause a lot of controversy and are resolved depending on the specific situation and the legal status of housing.

For example, if the family lived in a room received under a social tenancy agreement, then the father may well be evicted from this premises. At the same time, they are not obliged to provide him with any other housing in return.

The same applies to situations where a father, deprived of his rights, lives on the territory of the living space, which belongs to the child or the second parent. In this case, he may also be forcibly evicted from it without the right to obtain other housing.

If the apartment or house belongs to the deprived father on personal or joint property, no one has the right to forcibly evict him from there. In this case, ensuring his separation from the child must be achieved using other means.

For example, a baby can be moved to live with his mother (if she exists and is not deprived of her rights) or with a guardian appointed by law. If both of these subjects are absent, then he is placed in a special children's state institution intended for these purposes (orphanage or orphanage, depending on age).

The father retains some responsibilities towards the child (mainly financial)

In particular, the court determines the need to pay alimony according to the rules that apply in ordinary cases.

They are paid to the person or body who will subsequently care for the baby.

It is worth considering that the deprivation of a father’s rights is most often caused by the fact of non-payment of alimony. Therefore, if even after this measure of influence has been applied to him, he continues to ignore his duties to the child, further liability may be more serious (even criminal).

The father loses his civil parent status

In particular, in the future he cannot act as a guardian or trustee in relation to another child, as well as be a foster parent or adoptive parent.

He also does not have the right to permit or prohibit the adoption of his own child. by other persons.

Also, a family may lose its status as a large family if the father and mother were deprived of rights to one of their three children. Further restoration of these rights and the return of the child are possible only if such a decision is made in court.

To do this, the father will have to prove that he has changed his lifestyle and there is no longer any threat to the minor.

Consequences for the child

It is worth considering that for a child, after depriving his father of his rights, certain consequences also occur.

However, they are more favorable, since it is he who in this case is the party that is subject to protection and protection by the state.

The main consequences for it are:

1. Changing of the living place. Since further living with one of the parents becomes impossible, he moves to the second of them or to a guardian appointed by the court. In some cases, he may be sent to an orphanage.
2. Retention of all basic property rights. In particular, until he reaches the age of majority (or until he is 23 years old, in the case of studying at a university), he has the right to receive certain help from his father - alimony, the amount of which depends on the amount of income and the presence of other children.

In addition, he can claim housing that belongs to his deprived parent. If it is jointly owned, the child will be one of the owners. If the housing belongs only to the father or mother, then he will have the opportunity to use it until he comes of age.

He also retains the right to inherit the property of his parent in the event of his death.

He can claim it in the same amount as other heirs established by law (if there is no will). However, his father will not inherit his property.

Another important right that is retained by the child is the opportunity to receive all benefits and benefits assigned to him. Although his father is deprived of this right, it is then transferred to the mother or a guardian appointed by law.

It is obvious that all the rights that the child retains directly follow from the responsibilities remaining to his parent. At the same time, most importantly, the minor is protected from the negative impact that living with his father has on him, and also stops living in conditions that are dangerous to his health or life. And this is precisely the main purpose for which the deprivation of rights procedure is carried out.

Who takes further custody?

As already noted, one of the main legal consequences for the father after deprivation of rights, it is impossible for him to continue to live with the child and have any contact with him. In this regard, the most important issue that must be resolved is determining the future place of residence of the baby and appointing a person responsible for his upbringing.

This issue is resolved in court after consideration of all the circumstances of the case. In this case, the following options are possible:

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The child will live with the other parent

This applies to situations where the measure of influence was applied only to the father, and the mother was not deprived of her rights.

In this case, she takes full responsibility for his upbringing.

A guardian will be appointed for the baby

This situation occurs if both the mother and father were deprived of their rights (or there was no mother to begin with). In this case, one of the child’s close relatives who expresses such a desire can become a guardian. Most often, it becomes the subject who initially initiated the procedure for restricting and depriving rights.

His appointment as a guardian occurs only after he has been checked by the guardianship and trusteeship authorities, during which his financial condition, the atmosphere in the family and the presence of a relationship with the baby are assessed. If all criteria meet the requirements of the law, official guardianship is issued.

The minor will be placed in a special state institution for children

This option applies if both parents are deprived of their rights or single father, and there are no other relatives who agree to take custody.

Of course, such a drastic measure as deprivation of parental rights entails quite serious consequences for both sides of the matter - both for the parents themselves and for the baby. At the same time, the latter retains a number of his basic property and financial rights, which are based on the degree of relationship with the father.

The latter loses all rights to it, but some responsibilities remain with him until he comes of age.

Why can parental rights be deprived? This question has always remained relevant. What does Russian legislation say about this procedure? On what basis is it produced and how is it formalized? All these questions will be answered in the article.

General characteristics of the process

The most severe legal measure that can be applied to parents (or one parent) is deprivation of the rights to raise a minor. This measure is aimed at prohibiting the implementation of educational processes in relation to one child.

A citizen is always deprived of parental rights for an indefinite period. Thus, the court is not able to issue a decision according to which the parent will not be able to carry out educational functions for a certain period of time. Deprivation of parenting rights is always indefinite.

A parent who is legally deprived of his rights to raise a child does not lose his responsibilities for his maintenance. Such a citizen must still provide for his offspring - as a rule, financially (by timely payment of alimony).

Restriction of rights

Deprivation of parental rights should not be confused with their restriction. How are these two concepts different? Limiting the rights to support and raise a child is a precautionary measure for parents who need time to “correct.” As a rule, the restriction of rights does not depend on the actions of the parents themselves. For example, a mother or father may become seriously ill, acquire mental disorders, find themselves far from the child without the opportunity to return to him, etc. Guardianship and trusteeship authorities carefully monitor the parents (or one parent) and their behavior. As soon as the citizen fully recovers, the restriction will be lifted.

Restricting the rights to support and raise children is a rather unique procedure, and therefore is rarely used in Russia. Next, we will talk about the procedure for depriving parental rights, as well as the reasons for initiating this procedure.

Failure to fulfill duties

Why can parental rights be deprived? Russian legislation establishes several main reasons why any citizen can be deprived of the right to raise a child. The first thing worth highlighting is the banal failure to fulfill parental responsibilities.

If the father or mother ignores even the basic needs of the child, such as food, clothing, hygiene, medicine or medical care, then it is quite obvious that the parent should lose his rights to raise the child. This also includes those cases when a parent constantly involves his child in harmful situations - drunkenness, drug addiction, immorality, disrespect for older people, etc.

A child should not stay in a family where, for example, the mother is an alcoholic and the father is a drug addict. This will have a detrimental effect on his future life. Separately, it is worth highlighting paragraph 1 of Art. 69 of the RF IC, which indicates deprivation for non-payment of alimony, which also applies to failure to fulfill obligations.

Abuse of parental authority

The Russian Family Code also stipulates one more circumstance, namely, the abuse of rights to raise a child. What exactly are we talking about? - This is always the exploitation of a child. This may include coercion into prostitution or begging, forcing the use of alcohol or drugs, and other violent actions. Any parent who chooses to communicate with their child through violence and cruelty should be deprived of child support rights. The court is obliged to respond to such manifestations in a timely manner, otherwise the pressure on children will become systemic and will soon turn into direct exploitation of the child.

Unfortunately, it can be very difficult for law enforcement agencies to prove the guilt of parents under the circumstances presented, and therefore a decision in the form of deprivation of parental rights is made quite rarely. Much more often, the rights to raise children are simply limited.

Parental abuse of children

Art. 69 of the RF IC enshrines one of the most common reasons for deprivation of parental rights. We are talking about the use of violence against a child. Violent actions can be not only physical, but also psychological. If the courts can prove that the child’s injuries were caused by his own ancestors, then the deprivation of parental rights will occur immediately. The same applies to mental violence. A child who is often threatened, whose will is suppressed, often begins to behave inappropriately. Law enforcement agencies will have to prove that the intentional imposition of threats, fear or intimidation was carried out by the parents.

If parents did not prevent physical or mental violence against their child, then a restriction of parental rights may be applied to them under Article 73 of the Family Code of the Russian Federation.

Severe forms of addiction

Parents who are drug addicts or parents who are alcoholics will definitely not be able to raise a child well. Moreover, it is simply dangerous for children to be in families where their parents are only concerned about getting a new dose. The Family Code of the Russian Federation ("Deprivation - Article 69") does not provide a clear distinction between, for example, alcoholism and drunkenness. To deprive or not to deprive parental rights - such a question applies only to law enforcement officials.

It is worth noting that there is a huge difference between alcoholism and drunkenness. Drinking, of course, involves drinking alcohol regularly. But if this circumstance does not in any way harm the optimal upbringing of the child, then cases of deprivation of parental rights will most likely not be initiated.

Abandoning a child and committing a crime

Abandonment of a child in the maternity hospital can be due to various reasons. So, if the mother has a disability, is seriously ill, or simply does not have housing, then the refusal to take the child with her will not be taken into account. And at the same time, a parent who leaves the child in the care of the state without good reason will certainly lose the rights to raise. This is especially true for those mothers who do not even try to place their child in the appropriate government institution, but simply abandon him in the maternity hospital.

Another reason for deprivation of parental rights is the commission of a crime against a spouse or child. This includes violence, murder, attempt, incitement to suicide, as well as inaction that led to the death of a family member.

Why can a person’s parental rights be deprived? As is already clear from the reasons presented above, for any actions or inactions that in one way or another cause harm to the child. Next we will talk about how to deprive a citizen of parental rights.

Who can initiate a question?

To start the process of depriving the right to raise children, someone's initiative is needed. Who exactly can initiate the issue of deprivation of rights to raise children in accordance with the legislation of the Russian Federation? The existing regulatory framework regulates a rather limited circle of persons. In particular, it is worth highlighting:

• one of the parents (father or mother);
• legal guardian or guardian;

• heads of the guardianship authority, shelter, orphanage and other organizations for the protection of children's rights;
• prosecutor.

All these persons are capable of drawing up a claim and filing it in court. Other citizens can act as witnesses. It is also worth noting that the opinion of the child himself is also taken into account, but only if he has reached the age of ten.

The father loses his rights

Why can a father's parental rights be deprived? All the main reasons have already been mentioned above. At the same time, the most common and widespread circumstance under which a parent may be deprived of the right to raise children remains evasion of payment of alimony.

The fact of non-payment of alimony must be proven. This is often not so simple; for example, the father may present to the court evidence of his inability to regularly pay amounts of money. For example, a parent may be laid off at work, become seriously ill, become disabled, be registered with the employment service, etc. If the father is nevertheless deprived of parental rights, you can think about going to the cassation court.

There are cases when the whereabouts of the father are completely unknown. Then the court has the right to turn to the police and the Federal Migration Service to provide information about the missing parent.

The mother is deprived of her rights

It is immediately worth noting that it is very difficult to deprive parents. This is a truly extreme measure, which the court resorts to very rarely. The reason for this is quite simple: any child is very attached to his mother, no matter how terrible a person she may be.

The reasons for depriving mothers of the rights to raise a child are the same as for fathers. At the same time, the courts prefer to limit the mother’s parental rights, but not deprive her of the opportunity to raise a child.

The most common reason for depriving a mother of her parental rights is abandonment of the child in the maternity hospital. From a legal point of view, this is a “denial of adoption.” So-called refuse mothers place their child in the care of the state or

The question of why a mother can be deprived of parental rights is very difficult. Recently, there has been a tendency towards a certain “feminization” of the judicial system: very rarely children remain with their father, and mothers are rarely deprived of parental rights. Whether this is good or not is a moot point. For example, during a divorce, the court prefers to “give” the child to an irresponsible mother rather than to a wealthy and respectable father. All such decisions depend only on the judges, and therefore it will not be possible to refer to any specific law here.

Where to contact?

Having examined all the main reasons for deprivation of parental rights, it is necessary to pay attention to the very procedure of the process under consideration. Where should you go if you want to initiate the issue of depriving a particular citizen of parental rights?

If there is evidence of violent acts, you should contact law enforcement. Specialists will record the damage and conduct an inspection. If we are talking about non-payment of alimony, you will have to contact the bailiffs. Guardianship and trusteeship authorities will help bring the parent to administrative or criminal liability, and record the fact of alcoholism or drug addiction. If we are talking about a dysfunctional family, then the local prosecutor should take care of the case.

Filing a claim

It is worth talking in a little more detail about what constitutes a claim for deprivation of parental rights filed in a district court.

The application form is always written. Since neither the Family Code nor the Civil Code establishes any clear pattern, you can fill out the application in any convenient way. In this case, the following points must be present in the claim:

• full name of the court to which the plaintiff is filing the application;
• information about the plaintiff himself (who he is, date and place of birth, where he works, etc.);
• information about the defendant (about the person who needs to be deprived of parental rights);
• detailed requirements of the applicant and citing facts of violation of rights (violence, evasion of alimony, exploitation, etc.);
• list of documents attached to the claim.

The claim must be signed by a legal representative and then sent to the district court.

Legal consequences

Having dealt with the question of how to deprive a citizen of parental rights, it is worth paying attention to the consequences of the trial. The issue of the consequences of deprivation of parental rights must be considered from two positions: the child and the parent. Here's what the baby can expect:

• possible adoption only six months after the entry of a legal decision to deprive parents of their rights;
• full preservation of the right of inheritance or use of all property of the parents.

Here are the consequences that await parents:

• transfer of the child to the mother or father for the child’s further residence and upbringing; if both parents are deprived of their rights, the child is sent to the guardianship and guardianship authorities.
• a parent deprived of the right to raise a child is not deprived of the obligation to support him;
• a parent deprived of the right to raise a child may be evicted from the apartment by court decision.

Thus, the procedure for depriving parental rights in Russia is structured quite competently and thoughtfully, although it requires some legal additions.

Depriving one of the parents of the rights to a child is an extremely unpleasant matter. Especially when it comes to the mother. Contrary to the popular belief that only alcoholics, drug addicts and child support defaulters can be deprived of parental rights, practice shows the opposite.

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In fact, there are many more reasons for terminating family ties between mother and child. Their complete list is presented in the Russian Federation.

What it is

Deprivation of parental rights to a mother is a legal procedure aimed at removing a parent from the process of raising a child. In essence, this is a legal termination of family ties between them.

Deprivation of parental rights is a very severe measure applied to a mother who dishonestly fulfills her responsibilities towards her children.

As a rule, it is used only in the most extreme cases, when there is no other way to solve the problem. For example, when there is a serious threat to the life and health of a minor.

If the court nevertheless decides to deprive the mother of the opportunity to exercise her rights and responsibilities as a parent, then from the moment it enters into legal force she loses them for an indefinite period.

The primary goal of this procedure is to restore the child’s normal life and protect his rights and health.

The loss of rights by a mother in relation to a minor does not mean that her responsibilities also cease. On the contrary, she must still provide for her child (Family Code of the Russian Federation).

Grounds

The current legislation in general and the Family Code of the Russian Federation in particular do not separate the rights and responsibilities of the mother and father regarding the child. The reasons for depriving them of these rights are no different.

For both parents they are common and are dictated by the Family Code of the Russian Federation. The list of grounds is closed; its expansion or deprivation of rights on other grounds is not allowed.

The reasons for launching a legal mechanism in relation to the parent may be:

1. Avoidance of parental functions and responsibilities	The mother neglects the child’s health, does not take measures for his timely examination and treatment, avoids participation in the educational process, does not create conditions for his education, and does not promote moral and mental development.
2. Leaving a child in a maternity hospital or other medical institution, kindergarten, or other organization without good reason	Most often this happens immediately after birth, when the new parent refuses to pick up the baby from the maternity hospital. But there are cases of children being abandoned in other institutions, including non-medical ones.
1. Abuse of parental rights	A woman induces her child to beg or engage in prostitution, forces and encourages the use of alcohol and drugs, and prevents her from attending lessons at school or other educational institution.
2. Abuse of a child, physical or mental violence, assault on his sexual integrity;	Education using beatings, actions towards a child that humiliate his honor and dignity, negatively affecting his psychological state and other unacceptable actions on the part of the mother
3. Chronic alcohol or drug addiction;	Confirmation of the disease is a conclusion from a medical institution. A woman suffering from some kind of addiction cannot provide her child with proper care and education, and sometimes even poses a serious threat to him
4. Intentional crime against the life or health of a child or husband.	Intentional injury to a child or spouse, or attempted murder of either (or both)

In practice, mothers are much less likely to be deprived of parental rights than fathers. Judges do this only when there is truly irrefutable evidence and confirmation of her dishonest attitude towards her maternal responsibilities.

Some of the points listed are quite ambiguous. For example, abuse of parental rights to a child.

A situation is possible when a minor lives with his father, and they want to go abroad together, or the parent decides to send the child on vacation outside the country.

The mother may not give permission for this, and then the trip will not take place. In fact, her actions can be considered precisely as an abuse of rights to the child. However, it is unlikely that the court will deprive her of parental rights on this basis.

The same applies to avoidance of parental responsibilities and non-participation in raising a child.

This fact also needs to be confirmed with specific facts. In addition, before going to court, the other parent must make attempts to improve the situation.

For example, if a child is in the custody of the father, and the mother does not see him and avoids paying child support, then the parent must:

• invite your ex-wife to meet your child;
• make attempts to find her (if she is hiding);
• contact the bailiffs to search for her and collect arrears of alimony from her.

Only after this does it make sense to try to deprive the mother of parental rights. If no action has been taken to change the situation for the better, then the court is unlikely to take this extreme measure.

The situation is different with maternal alcoholism, drug addiction and abuse.

But even here the court does not always immediately proceed to radical action. Sometimes a woman is given the opportunity to improve. At this time, she is only limited in her rights to the child.

Required documents

In order for the court to deprive the mother of her rights to the child, it is enough to prove at least one of the points of Article 69 of the RF IC.

If the initiators are relatives of a minor, then they need to apply to the guardianship and trusteeship authorities or to an institution involved in protecting the rights of children.

There the appeal must be considered within three days and a definite decision must be made. Based on it, the case is referred to the court for consideration. Or a certain period may be assigned to monitor the situation in the family.

If the child’s father files a claim with the court, he must first prepare the necessary package of documents:

1. If the child’s parents were officially married, then you must provide a certificate of registration (or divorce);
2. Child's birth certificate;
3. Conclusions received from the guardianship authority on the living conditions of each of the parents (or an inspection report of the residential premises where the child will live);
4. Characteristics of the mother from her place of work (it is advisable to also provide a characteristic of the father);
5. Certificates of income of both parents;
6. A medical report confirming the woman’s alcoholism or drug addiction;
7. Testimony from neighbors, kindergarten teachers, teachers from the school where the child is studying, characterizing the parent from the negative side;
8. A medical report indicating harm to the health of the child or his father;
9. The conclusion of the guardianship authorities or the juvenile affairs department about the identity of the mother and her qualities as a parent;
10. A police certificate confirming harm or threat to the life of the child and the other parent by the mother.

In each specific case, the list of documents may be reduced or expanded. But even the provision of a full package of documentary evidence cannot guarantee the deprivation of a woman of her rights to a child (Resolution of the Plenum of the Supreme Court of the Russian Federation of May 27, 1998 “On the application of legislation by courts in resolving disputes related to raising children”).

In what cases can parental rights not be deprived?

There are situations when a mother cannot be deprived of parental rights. For example, when there are no significant grounds for this or there is no irrefutable evidence of her failure to fulfill parental responsibilities.

In addition, the court must first find out the reasons for the current state of affairs. After all, a woman’s behavior can be a consequence of difficult life circumstances or other reasons that are absolutely independent of her will.

For example, she may be seriously ill or suffer from a mental disorder.

In this case, she does not have the opportunity to raise her child. But no one will deprive her of her rights to him for this.

But even if it is established that a woman has a disability group, she is not exempt from the obligation to financially provide for the child. In this case, alimony will be taken from the disability pension.

Restriction of rights

In cases where the mother is not deprived of parental rights, but leaving the child with her jeopardizes his physical and psychological health, the court limits the parent’s rights to him.

This forced measure is also regulated by the Family Code of the Russian Federation. Speaking to protect the interests of a minor, the judge may decide to take the child away from the parent.

His close relatives, father, prosecutor, representatives of guardianship authorities, and other organizations listed in the Family Code of the Russian Federation can file a claim for restriction of rights to a child.

Most often, this is necessary when the child is in danger from the mother for reasons beyond her control. These include:

• mental disorder,
• chronic illness,
• difficult life situation or coincidence.

Also, the restriction of the mother’s rights is applied as a result of her inappropriate behavior, which is dangerous for a minor, but there are no compelling reasons for depriving her of her rights.

If her behavior does not change within six months, then the guardianship authorities are obliged to petition for her removal from raising the child and participating in his life.

Restriction of parental rights for a mother means a ban on her participation in raising a child. As well as the termination of receiving various benefits, the right to which arises upon the birth of children.

But this does not at all exclude her obligations to pay alimony. Unlike deprivation of parental rights, the restrictive measure is temporary and can be lifted if the parent corrects herself.

But while the mother’s rights as a parent are limited, the child will live with the father or another relative.

If this is not possible, then he is transferred to the guardianship and trusteeship authorities for temporary upbringing and maintenance.

The judicial authorities, guided by the norms of the Family Code, take the side of the child, regardless of the situation and situation in the family.

If there are all the necessary grounds and there is a real threat to a minor, a woman may be deprived of parental rights.

But during this procedure, it is important to remember what role the mother plays in the child’s life and act solely in his interests.

Video: Deprivation of parental rights (Mother abandoned child at the entrance)

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When parents fail to fulfill their responsibilities towards their child, they are deprived of parental rights. The decision is made by the court and only on the basis of compelling arguments.

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What are the nuances of deprivation of parental rights in 2019? Both parents are responsible for the child. They must educate him, engage in development, protect children's rights and interests.

If one or both parents fail to fulfill their statutory responsibilities, the perpetrator may be deprived of their rights in relation to the child. What are the features of deprivation of parental rights in 2019?

General points

Parental rights and responsibilities have some special features. First of all, both parents have the same levels in relation to children.

Moreover, it does not matter whether the child was born in a registered marriage or not, whether paternity was recognized voluntarily or by a court decision.

Secondly, parental powers and established responsibilities are clearly limited when the child reaches the age of majority or acquires full legal capacity.

Of course, parents are obliged to support a disabled adult child, but in this case there is a relationship between the ward and the child.

Thirdly, the interests of the child have priority in the exercise of parental rights.

When parents do not provide adequate attention to the child, citing their own problems, they thereby violate the rights of the child.

The fourth feature is the priority right of parents over other persons to raise children. Ignoring this norm is allowed only in situations of violation of children's interests.

If the law connects the measures taken and possible negative consequences, then guilt must also cover the consequences.

The court has the right to deprive parents of their rights if it considers that the punishment corresponds to the guilt of the parents and the severity of the consequences.

A characteristic feature of deprivation of parental rights is the absence of irrevocability of punishment. The measure is of an indefinite nature, but at the same time, parents can regain their rights. To do this, they need to prove through the court their ability to bear a child.

Acceptable grounds

Grounds for deprivation of parental rights are offenses that violate family law.

In this case, guilt can be expressed both by action and inaction. The list of such acts is given as exhaustive.

At the same time, in order to deprive parents of their rights on these grounds, it does not always matter what consequences occurred for the child. In some cases, there may be no real harm.

If the consequences that have occurred are also taken into account when considering the case, then it is necessary to prove the cause-and-effect relationship between guilt and the result.

Parents’ rights in Russia can be deprived for the following offenses:

Parental evasion from performing direct duties	This is lack of care for the child, failure to provide adequate care, and failure to pay child support. Moreover, each fact must have a documentary basis and be confirmed by a court.
Abandonment of a child in a maternity hospital, medical or educational institution	For example, parents abandon a disabled child or a child with a serious illness. The court regards this circumstance as refusal without good reason
Abuse of parental responsibilities	This reason means impeding the full development of the child, negative impact
Cruelty to children	This is physical suffering inflicted on a child in any way.
Negative impact on the child's psyche	In particular, threats, intimidation, etc.
Parental drug addiction or alcoholism	Moreover, the fact must be confirmed by medical documents. In this case, rights can be deprived without going to court.
Commitment of a crime by a parent	Threatening the life and health of a child

For mother

As a rule, the mother takes care of the child from birth. A parent is usually deprived of her rights for lack of proper education or neglect of upbringing.

For example, no one is looking after the child. It grows on its own; the mat does not care about its nutrition or provision of proper living conditions.

Most often, women's deprivation of rights is associated with alcoholism or drug addiction, when, due to an addiction, a mother simply forgets about her child.

Somewhat less often, deprivation occurs for other reasons. But you should know that accusing the mother of committing punishable acts must be substantiated.

Without evidence, the court does not have the right to make a decision on deprivation of rights. In addition, in some cases, unintentional harm to children's health may occur. Such a circumstance cannot become a basis for punishment.

For father

Fathers are most often deprived of their rights due to non-payment, non-participation in the child’s life, alcoholism/drug addiction, etc. At the same time, as in the case of the mother, any fact must be proven.

If he does not pay alimony, official confirmation is needed, for example, from the FSSP. Ignoring upbringing can be proven by witness testimony.

The guilt must be intentional. For example, the father does not pay due to lack of funds. In this case, they cannot deprive him of his rights, since the guilt is not conscious and premeditated.

Current standards

Issues of family legal relations, including deprivation of the rights of dysfunctional parents, are regulated in Article 69 of the same name.

The procedure for judicial consideration of cases of deprivation of parents' rights is determined by the Code of Civil Procedure. However, the decision to deprive parental rights is made solely by the court.

In this case, the trial is carried out in civil proceedings. A parent or a person replacing him or her can act as a plaintiff in the case.

The prosecutor, guardianship authorities and other institutions that perform duties to protect the interests of minor children also have the right to file a claim.

The law does not provide an exhaustive list of possible plaintiffs. with comments indicates that deprivation of parental rights is the most extreme measure.

You can resort to it only if there are legally established grounds and exclusively in accordance with the prescribed judicial procedure.

Procedure

The procedure for depriving parental rights involves the following procedure:

Filing a claim along with accompanying documents by a person	Which has the right to make a corresponding demand
Initial consideration of the claim for legality	Appeals and completeness of submitted documents. If the decision is positive, the claim is accepted for consideration and the case is sent to court
Study by the court of all received materials	And the appointment of a trial
Involvement of guardianship authorities in the consideration	Who carry out the necessary activities and give an opinion on the presence or absence of the circumstances underlying the claim
Involving a prosecutor in court	Providing an opinion on the case
Conducting a court hearing	With the participation of all interested parties. In this case, the judge has the right to extend the proceedings if it is necessary to collect additional documents or conduct an examination of the parents. Based on all studied documents, evidence and testimony, the court makes a decision

The court may satisfy the claim or deny it. It is also acceptable to postpone the hearing when there is reason to believe that the defendant has improved or is trying to improve the situation.

How to correctly draw up a statement of claim (sample)

When filing a claim, it is important to draft the claim correctly, since non-compliance of its form and content with established standards may cause the claim to be rejected at the pre-trial stage.

The statement of claim is drawn up in writing, by hand. There is no unified template for this type of claim; registration is carried out in accordance with the rules.

In particular, the claim for deprivation of parental rights must contain the following information:

Court name	Where is the claim sent?
Plaintiff's details
Information about minor children in whose interests the claim is being filed	Personal data, dates of birth and place of residence are indicated
Information about the defendant	Full name, residential address, contact details
Name of third parties	Who should be brought to trial, indicating their personal data and place of residence/location
Statement of the essence of the violation	—
Circumstances with which the plaintiff argues the claim and evidence	With which he can confirm the stated facts
List of all attached documents	—

If you need to file a claim for deprivation of the father’s parental rights, a sample application is available.

Where to go

A parent or other authorized person who defends and defends the rights and interests of the child must contact the guardianship authorities and.

You should not ignore this stage, as this will help you get significant support in court. The guardianship authorities will listen to the person who applies and try to help solve the existing problems.

If it turns out that there is no other way to resolve the situation other than to deprive the parent of his rights, then the applicant parent will be asked to prepare a package of documents.

You will need to collect the following papers:

• statement of claim to court;
• paternity certificate;
• a certificate from the educational institution the child attends;
• court decision on alimony (if the issue concerns non-payment);
• information about;
• a document confirming the presence/absence of a parent’s criminal record;
• from a drug and mental health clinic;
• other documents confirming the basis of the claim.

The guardianship authorities will also check the child’s place of residence and draw up an opinion on the conditions. Children over 10 years of age may be required to consent to the deprivation of parental rights.

All prepared documents are submitted to the court for consideration by the prosecutor. When filing a claim, you will need to pay a fee of 200 rubles.

But if the child support parent does not pay maintenance for a long time, then his rights can be deprived.

The evidence will be a court decision establishing alimony payments and a certificate from the FSSP confirming the absence of payments. But the fact of guilt is important here.

If, as a result of the trial, it turns out that the alimony recipient simply could not make payments for a good reason, then his rights will not be deprived.