Parents who neglect the upbringing of their children and do not provide them with a favorable environment for life may be deprived of parental rights. This penalty is applied in court.
Instructions
Step 1
Deprivation of parental rights as a capital punishment is applied to a father or mother found guilty of inappropriate treatment of their children and their upbringing. The grounds for deprivation of parental rights are contained in the Family Code of the Russian Federation. The main one is the evasion of a person from fulfilling the responsibilities of parents for the maintenance and upbringing of a child (malicious evasion from paying alimony, self-elimination from raising a child and taking care of his education, material well-being, etc.).
Step 2
In addition, this punishment is applied to a parent who refused to take the child from a medical institution, as well as any other educational or medical institution; abusing parental rights and applying them to the detriment of the interests of the child (inducement to criminal activity, the use of drugs or alcohol, etc.); cruelly treating a child, causing him physical and mental suffering; suffering from alcoholism or drug addiction; who has committed an intentional crime against the health and life of a spouse or child.
Step 3
The procedure for deprivation of parental rights is carried out in court. A claim for deprivation of rights with documents attached to it can be filed in court at the place of residence of the defendant by one of the parents or a person replacing him, a prosecutor or a body protecting the rights of minor children. The procedure for imposing a penalty on a parent provides for his notification of the court session, as well as the right to transfer the child to another parent for upbringing.
Step 4
In the course of the proceedings, the court establishes the parent's guilt for failure to fulfill the relevant duties and decides to deprive him of parental rights. In exceptional cases, taking into account the nature of the parent's behavior and personality, the court decision may be a simple warning or restriction of parental rights. At the same time, an explanatory conversation is held with the parent about the need to change their attitude to the upbringing of the child, and control over the performance of parental duties is entrusted to the bodies protecting the rights of children.
Step 5
The excluding factor of deprivation of parenting is the failure of the parent to fulfill his duties due to circumstances beyond his control (mental disorder, serious illness or other situations other than drug addiction and chronic alcoholism).
