Parents should take care of their child, support him with dignity, teach, feed, dress, and contribute in every way to physical and mental development. If parents do not fulfill their responsibilities, they can be deprived of parental rights. This procedure takes place exclusively in court with the participation of the guardianship and guardianship authorities.
It is necessary
- - application to the Arbitration Court;
- - birth certificate of the child;
- - certificate of marriage or divorce;
- - documents confirming the grounds for deprivation of parental rights;
- - written notification of the guardianship and guardianship authorities;
- - in each case, a package of additional documents is required.
Instructions
Step 1
To revoke parental rights, apply to the Arbitration Court. This can be done by the guardianship and guardianship authorities or close relatives. In any case, this step must be notified in writing to the district guardianship and trusteeship authorities.
Step 2
In the application, indicate your details, home address, full name of the defendant in relation to which the application is submitted, his home address and describe in detail the reason that prompted you to deprive your parent or parents of their legal rights.
Step 3
The grounds for deprivation of parental rights are specified in articles 69 and 70 of the Family Code. They are unconditionally deprived of rights in case of abuse, in case of child abuse, both physical and psychological, in case of evasion of payment of maintenance, which includes alimony, in case of refusal to take a newborn from a maternity hospital or a small child from a hospital. And also, if a deliberate crime is committed against the second spouse or child, which threatens life and health, if the parents abuse alcohol or drugs, do not properly support the child and do not care about his physical and moral well-being.
Step 4
The guardianship and trusteeship authorities can repeatedly warn parents that if they do not start taking care of the child, do not provide him with normal conditions for life and education, he will be taken away. For some parents, this may be enough to start a healthy lifestyle, get a job, and properly support their child. If an inspector from the guardianship and guardianship authorities sees an immediate threat to the life and health of the child, he can call the police squad, without waiting for a court decision, to pick up the child and place him in a state institution. That is, the decision of the court will be after the fact of what happened.
Step 5
The statement of claim should be accompanied by a birth certificate of the child and a copy of it, a certificate from the place of residence, a copy of the marriage or divorce certificate of the parents, documents about the parents' evasion of their duties. This can be a district police officer's protocol signed by neighbors, certificates from the trauma center, certificates from a narcologist and psychiatrist, a warning from the guardianship and guardianship authorities, an act of family examination, etc.
