The number of divorces among spouses with small children is constantly growing. And often one of the parents shies away from the responsibilities of raising and maintaining a child. In this case, it becomes necessary to file a claim for deprivation of parental rights.
Necessary
- - Child's birth certificate (copy);
- - certificate of divorce (copy);
- - information certificate for the defendant from the juvenile affairs department;
- - certificate of administrative offenses for the defendant;
- - certificate of non-payment of alimony by the defendant for more than 6 months;
- - financial personal account at the place of residence of the child (copy);
- - an extract from the house book at the place of residence of the child;
- - act of inspection of living conditions at the place of residence of the child;
- - act of inspection of housing conditions at the place of residence of the defendant;
- - the conclusion of the guardianship and guardianship authorities on the conditions for raising a child.
Instructions
Step 1
The Family Code of the Russian Federation provides for a number of grounds for deprivation of parental rights: - refusal of a parent to pick up their child without good reason from a medical, educational or educational institution; - abuse of parental rights; - abuse of a child; - alcoholism; - drug addiction; - deliberate commission of a crime against the life and health of one's child or spouse; - evasion of payment of alimony; - evasion of parental rights.
Step 2
Before filing a claim in court for the deprivation of parental rights to the guardianship and guardianship authorities at the place of residence of the child to obtain a list of documents that will need to be attached to the application. An approximate list of these documents: - birth certificate of a child (copy); - certificate of divorce (copy); - information certificate for the defendant from the juvenile affairs department; - certificate of administrative offenses against the defendant; - certificate of non-payment of alimony by the defendant for more than 6 months; - financial account at the place of residence of the child (copy); - extract from the house book at the place of residence of the child; - act of survey of housing conditions at the place of residence of the child; - act of survey of living conditions at the place of residence of the defendant; - conclusion of the guardianship and guardianship authorities about the conditions for raising a child.
Step 3
After you collect these documents, take an opinion from the guardianship and guardianship authorities, write a statement of claim for the deprivation of parental rights of the defendant and go to court. The statement of claim is written either in any form, or on a form established by the court. In any case, in the application, indicate the reason for the deprivation of parental rights and, if possible, support your testimony with documents or with the testimony of witnesses, who can be friends, acquaintances, neighbors, etc.
Step 4
Within a month, a case on your claim will be appointed and considered. Moreover, representatives of the prosecutor's office and the guardianship and guardianship body must be present at the meeting.
Step 5
If the defendant fails to appear at the hearing without good reason, the decision may be made without his presence. If the defendant did not receive the summons or did not appear at the meeting for a good reason, it will be postponed.
Step 6
After your claim has been satisfied and entered into legal force, you can use a copy of the court decision as evidence that the other parent has no rights to the child.
