The task of each parent is to raise a child, to educate, to act as a defender of children's rights. But what if the biological mother or father, being near the child, does not fulfill their duties and even becomes a threat to his life and health? By law, they can be deprived of their parental rights in court.
Legally
The domestic Family Code sets out in detail all the grounds for filing a claim against a negligent parent. The plaintiff can be:
- mother against father or father against mother;
- the person who replaced the child's mom and dad;
- body of guardianship and trusteeship;
- an orphan organization;
- the prosecutor;
- Commission on Juvenile Affairs.
It is important to consider: even if the father or mother themselves do not want to be parents, such a decision can only be made by a court. Excommunication from parental rights is possible if there is even one of the six grounds prescribed by law. In this case, convincing, documented evidence of the defendant's guilt must be provided.
Parental responsibilities are not fulfilled
Testimonies of witnesses, conclusions of teachers, psychologists, educators can serve as evidence of non-fulfillment by the mother, father of parental responsibilities. However, until the moment when the corresponding statement of claim was filed with the court, parents should not show proper care of the child for a long enough time - for at least six months.
Children can be taken from their parents if:
- father, mother made obstacles to their education;
- did not prepare for social labor;
- did not pay child support for a long time, while hiding the real wages, giving false information about the employer, changing housing and otherwise evading payments.
The child is not taken from the child care facility
A measure of deprivation of parental rights can be applied to parents if they refuse to take their child from a particular institution. This can be a maternity hospital, sanatorium, hospital, camp or other institution.
At the same time, the mother or father cannot provide good reasons for leaving the child there. For the trial, appropriate testimony from doctors, teachers, police officers and other personnel of the institution in which the child is located will be required.
The Family Code allows that in case of some physical disabilities and mental illnesses of a minor, parents may refuse to take him from a medical institution, from which they will not cease to be parents.
Child rights are abused
The mother and father, as legal representatives of the minor, cannot harm the child. So, they shouldn't:
- to infringe on a son or daughter in property matters, if they became heirs, owners;
- hinder in obtaining education;
- make children beg, steal;
- to introduce to prostitution and pornography;
- persuade to take alcohol and drugs.
To file a lawsuit against would-be parents to deprive the mother, the father of parental rights on such grounds as abuse of the rights of the baby, it is necessary to collect evidence, photographs and videos of the relevant content. The plaintiff will also need the relevant contracts, which were concluded on behalf of the minor, if they infringe on children's rights.
The child is mistreated
Cruelty and violence is the fourth ground for deprivation of parental rights. With irrefutable evidence of cruel treatment of a son, daughter, mother and father cannot be acquitted by the court. What actions in relation to a child are not allowed by the Russian family code? It can be:
- causing bodily harm;
- bullying;
- encroachment on sexual integrity;
- exploitation of child labor;
- any humiliation.
Strict, but fair methods of upbringing that do not threaten the life and health of the child cannot be the basis for deprivation of parental rights. It is important for the court to provide the opinions of specialists that prove: it is because of the actions or inaction of would-be parents that the child's mental state has become unstable and difficult. A very important document of indictment for a prosecutor is a certificate of bodily harm inflicted on the baby by the mother or father.
Parents - chronic drug addicts, alcoholics
If mom or dad suffers from alcohol, drug addiction - this is a real trouble for children. Chronic alcoholics and drug addicts drop out of society, they have little interest in the needs of the child. They are aggressive and pose a threat not only to mental and physical health, but also to the life of the baby. It is especially dangerous to leave with such parents crumbs who are not able to feed and drink themselves, to get dressed in cold weather.
Ideally, when filing a lawsuit against parents with harmful addiction, you need to obtain an appropriate medical opinion from a narcologist and other specialists. In any case, it is necessary to have copies of all statements of the plaintiff to law enforcement agencies, as well as the protocols drawn up in this regard. In addition, it is important to collect as much testimony as possible to prove the guilt of the negligent parent.
The life and health of the child was deliberately encroached on
A crime in this category is criminally punishable, not to mention the fact that a father or mother who breaks the law will cease to be legal representatives of the child and will be excommunicated from him.
It is important for the plaintiff to prove to the mind of the parents who intentionally harm the health of their child or even encroached on his life. If there is already a legal verdict in this criminal case, it is necessary to attach it as evidence. If the case has been delayed, a resolution on its initiation will be sufficient.
The procedure for deprivation of parental rights
So, the plaintiff made a clear decision that it is necessary to deprive the negligent parent of parental rights. In this case, he needs to prepare documentation and go to court - only this state body can decide whether there are grounds to excommunicate the mother, father from the son, daughter, and whether children's rights will be violated.
Before the start of the hearing, the parties must go through the following steps.
- The plaintiff prepares a competent claim, setting out in detail the main facts against the defendant, describes the family circumstances in which the minor finds himself. All points related to one or more grounds for depriving the mother, father of parental rights (if these grounds are established by the Family Code of the Russian Federation) must be indicated.
- Documents proving the defendant's guilt are attached to the claim, while copies must be prepared for each participant in the process.
- A ready-made claim can be given to the judge at the reception, which will significantly save time, especially if there is a real threat to the child's life. Alternatively, the plaintiff hands over his papers to a judicial expedition and waits for a response to the application.
- The judge will appoint the preparation of the case for the court, of course, if he considers that all the documentation is drawn up correctly.
- All participants in the process are present at the stage of preparing the trial, while the parties can provide other evidence of the parent's actions that infringe on children's rights. If in the course of the consideration of the case new facts of a criminal offense are discovered, the prosecutor must be notified.
- The guardianship authorities are instructed to examine the housing of both parents, including the place of residence of the minor.
- By the beginning of the trial, the competent authorities prepare an opinion on the issue of deprivation of rights, an act of inspection of the parents' housing is drawn up.
After the trial
If, by a court decision, a Russian citizen ceases to be a parent for one or another legal basis, he loses all the rights that he previously had as a relative of a minor.
A former parent cannot:
- to meet with a minor without the consent of a grown-up son or daughter, guardianship authorities;
- communicate with the child through any means of communication;
- prohibit the travel of a minor, in particular, abroad;
- demand maintenance from your child in old age;
- to become the heir of the child, if the grown-up son (grown-up daughter) themselves do not want it.
One should not think that a citizen deprived of parental rights is also deprived of all obligations to the child. Even having ceased to be the legal representative of the baby, the former parent will have to support him until he comes of age. The issue of recovering alimony from him for his son, daughter is decided in the course of the trial.
A positive court decision often helps to secure the future of the child, who already had to suffer because of the illegal actions of the biological father or mother, their inattention and dislike.
