There are times when it is necessary to carry out the procedure for deprivation of parental rights. This is an extreme measure in the event that the parents of the child do not fulfill the rights and responsibilities for his upbringing, provided for by law. The procedural action is carried out with the participation of the guardianship and guardianship authorities, the prosecutor's office and is considered in court.
Instructions
Step 1
To draw up a statement of claim for the deprivation of parental rights of one of the parents or both, you can immediately contact lawyers or do it yourself. In some cases, for example, if a person cannot assert his rights due to a helpless state, the right to submit is transferred to the prosecutor's office. The document is drawn up in accordance with the norms of the Family Code and the Civil Procedure Code.
Step 2
You must file your claim at the place of residence of the plaintiff or defendant. In the upper right corner of the sheet, you will indicate the name of the court, address, postal code. Then you write down the personal data of the plaintiff and the defendant, the age of the child. Other information is also indicated here, for example, phone number, e-mail address. In the middle of the document, a "Statement of Claim" is written. Samples can be seen on stands in courts, but it happens that information becomes outdated, therefore, when drafting, it is necessary to take into account changes in legislation at the time of writing.
Step 3
In the application, you need to indicate the circumstances on the basis of which it became necessary to deprive one of the parents of the right to raise a child. These can be parents' evasion from upbringing, systematic evasion from the payment of alimony, parental alcoholism, physical violence, and more. You should first consult with the guardianship and guardianship authorities, if possible, attach copies of documents confirming the validity of the plaintiff's claims. Experts can confirm the fact of violations by repeatedly warning the defendant. Next, write about what you ask the court and on the basis of what rule of law.
Step 4
At the end of the document, sign and date it. Legislation requires you to attach copies of receipts for payment of state fees. Usually it is 200 rubles. The number of copies of the application itself must be exactly the same as the number of respondents, plus one for the court. Attach a testimonial from the child's place of study, an extract from the house book on the state of the financial and personal account, marriage certificate, birth certificate of the child, medical report on the state of his health. It is also important if you receive and provide the court with a certificate of bringing the parents or one of them to criminal or other liability, the status of being registered in a neuropsychiatric or narcological dispensary. This list is not exhaustive and is dispositive in nature.
Step 5
If you are unable to provide such a list of documents to the court, you should write about this in the statement of claim, indicating the reasons, or submit a separate petition.
Step 6
If you cannot submit the document yourself, you need to contact a representative for help. It can be a person who has reached the age of 18 and has legal capacity. A power of attorney is drawn up for it, which requires notarization. Also attach a copy of the document to the statement of claim.
Step 7
The more documents confirming the right to claim, you attach to the claim, the better. These can be certificates from trauma centers, from bailiffs about alimony debt, copies of sentences on serving a sentence, etc. You have the right to draw up a statement with your own hand or using a computer.
