The procedure for deprivation of parental rights takes place in court and is regulated by article 69 of the Family Code of the Russian Federation. In practice, however, the primary restriction of parents in their rights is more common, and only then, if the situation does not change in favor of the child, the rights of both the mother and the father should be deprived.
In what cases can the court deprive both parents or one of them of parental rights? The reasons for this must be serious:
- Improper parenting;
- Lack of opportunity to carry out the educational process (prison term, serious illness);
- The whereabouts of one or both parents are unknown;
- Personal refusal of the mother / father to raise the child.
Let's consider each of these points separately.
What is meant by inappropriate parenting? Systematic bullying of the child (beatings, deprivation of food and refusal to meet the minimum needs), failure to provide educational services (the child skips or does not go to school at all, and is not homeschooled), refusal of necessary medical care (HIV dissidents, for example), non-payment of alimony. Leaving in danger: a young child is at home alone for a long time, walking alone in the street (neglect).
The most common reason for the removal of a child by the guardianship authorities is the parents' asocial lifestyle. If there are regular drinking bouts in the family or a drug addict's den is organized, the juvenile affairs inspectorate immediately responds to such a signal from caring people. And there is practically no chance that the child will be returned to the family after the probationary period.
Sometimes there are situations when the mother (or father) is unable to care for the child due to a serious illness. When it comes to psychiatry, most often the child is removed from the family without return. But if the mother is in the hospital for planned treatment (for example, after surgery), and there is no one to leave the children with, the guardianship authorities can take them to a temporary detention center, where they will stay until the mother regains her health. But if after treatment the mother is unable to take care of the children (for example, she will receive a severe disability), it will be decided to restrict the mother's rights, and the children themselves will be transferred to an orphanage or a foster family.
Situations when a mother leaves her children on purpose have become more frequent lately. Here, the negligent parent (or both) can be accused of both abandonment and inappropriate parenting. But in the beginning, parents are limited in parental rights in absentia, while their location is not established.
Parental rights can also be deprived by a written application from one of the parents. If the mother leaves the child immediately in the hospital, she writes an official refusal, then the case is considered by the court even without her presence.
Close relatives of the child can also apply for deprivation of parental rights through the court. Typically, this practice occurs in complex divorce proceedings. Or, for example, to deprive the legal rights of a negligent father who does not pay child support.