In accordance with article 47 of the Family Code of the Russian Federation, the relationship between parents and children and the obligations of parents in relation to children under the age of 18 are based on the fact of the birth of children, certified in accordance with the law. If the parents or one of the parents do not fulfill their obligations in relation to the minor child, then the child may be taken away, and the parents may be deprived of their parental rights.
Necessary
- -statement of claim
- -the passport
- - child's birth certificate
- -receipt of payment of the state fee
- - the full name of the representative and documents that confirm his right (if the application comes from the representative of the child)
- - documents confirming the circumstances on which the application is based
- - conclusion of the guardianship and guardianship authorities
- - an extract from the house book or a certificate of registration from the place of residence
- -Certificate of divorce
- -conclusion of the housing commission
- - copies of all the above documents
Instructions
Step 1
They can take away a child if you feed him poorly, dress him poorly, your child needs something, is often sick, runs homeless and late on the street, you do not raise him, do not come to school, take him dirty to kindergarten, and so on. Further.
Step 2
If the court ordered one of the parents to pay alimony, but they do not act, for this they can deprive parental rights and the right to communicate with the child. However, this does not allow not to pay alimony in the future.
Step 3
Without taking the child from the maternity hospital, medical institution, educational institution and other similar organizations, you can also be deprived of parental rights, and the child can be taken away.
Step 4
In case of rough treatment of a child, if you commit mental or physical violence, encroach on the child's sexual integrity or his life or health, as well as beat your spouse, commit a deliberate crime against their life and health, the child can also be taken away.
Step 5
If you systematically use alcohol or drugs, do not work anywhere and lead an immoral lifestyle, large companies of drinking companions gather in the house, the child has nothing to eat and there is no clean clothes, if the child is unable to live and study peacefully, you can also lose the child.
Step 6
This is a complete list of where you can lose your child. For this, even one action or point is enough for the court to deprive you of parental rights.
Step 7
The signal to initiate legal proceedings can be given by neighbors, a police squad who came to you, a district doctor, a school teacher or kindergarten teacher, as well as your relatives.
Step 8
The guardianship and custody authorities will first warn you and take your family under constant control. If nothing changes for the better in your life and in the life of your child, you don’t change your lifestyle, then the child will be taken to an orphanage. It will be very difficult to get the child back.
Step 9
The statement of claim is submitted to the court of the district in which the parents are registered, or at the location of their property.
Step 10
It is necessary to collect a package of documents that must be submitted to the court. Also, the court may request additional documents.
Step 11
The statement of claim must indicate:
The name of the court to which the application is submitted.
Name of the plaintiff, his address or full name of the representative filing the application.
Full name of the defendant, home address.
Describe the essence of the statement, what is the threat to the child, indicate the documents that confirm this.
Indicate the list of documents that are attached.
Phone numbers or other data to contact the plaintiff.
