Why you can deprive your parents of parental rights. Deprivation of mother's parental rights

As a rule, deprivation of rights is associated with a significant violation by parents of ethical or moral standards in relation to their own children, with a refusal to support and educate their children.

The most common option is deprivation of parental rights from the father. This fact terminates the rights of the father in relation to his children.

Traditionally, mothers take more care of children. In the future, this situation leads to the fact that the father is removed from their upbringing.

Nowadays, there are often situations when fathers themselves ignore the existence of a child, and therefore forget about the responsibilities for his maintenance, upbringing and other assistance.

Often, restriction or deprivation of fathers' parental rights acts as a means of retribution.

This happens in divorces, as well as in confrontations between wealthy parents.

But adults often do not take into account the condition of their children, whose psyche is traumatized by such a division.

There are cases when, after a divorce, the father simply does not show interest in the child, but does not abandon him.

Then the mother can file for deprivation of the father’s parental rights either to satisfy the child’s current needs (to go abroad on vacation without obtaining the father’s consent), or to protect him from the father’s demands in the future (to be exempt from paying alimony to the father).

It happens that a mother gets married a second time. Then the deprivation of the father's parental rights may be due to the desire of the new husband to adopt the child.

Grounds for depriving a father of parental rights

Deprivation of parental rights is carried out exclusively in court. The grounds for this are provided by the Family Code of the Russian Federation (Articles 69, 70).

The case of deprivation of the father's parental rights will be considered upon the application of the child's mother. In this case, the participation of the guardianship and trusteeship authority and the prosecutor is necessary.

The grounds on which it is possible to deprive parental rights are listed in the law and are exhaustive:

What is the procedure for depriving parental rights?

It is worth immediately identifying those persons who have the right to file a claim in court for deprivation of parental rights.

The law defines the circle of such subjects:

directly the mother;
trustee;
guardian;
Educational establishment;
health care institution;
other children's institution;
prosecutor;
guardianship and trusteeship authority;

The claim must be submitted in writing. The filing is made in the district court at the defendant’s place of residence.

The statement of claim contains the following information:

If a prosecutor makes such a statement, it must contain a justification for why it is impossible for a citizen to bring a claim.

The package of documents that are submitted to the court is individual for each situation.

The best option is to contact a lawyer who will help with its formation.

But you can still give general advice:

Attach copies of your passport, marriage certificate, divorce certificate and birth certificate. They must be properly certified. You can submit to the court either copies certified by a notary, or copies together with the originals;
It is necessary to provide a certificate from the child’s place of residence, as well as an inspection report of living conditions;
A certificate from the parent’s place of work is also required, as well as a description of the parent from the place of work and place of residence;
Provide written evidence confirming the grounds for depriving the father of parental rights.

In addition to the main requirement, which is to deprive the father of parental rights, you can also make a demand for recovery from him.

Since the law establishes that deprivation of parental rights does not relieve the father of his responsibility to support his child.

The court's decision will address this issue. The plaintiff’s position on the required amount of alimony will be taken into account by the court.

What evidence should be presented in court to confirm the grounds for depriving the father of parental rights?

If the father abuses his parental rights.

An example would be preventing a child from visiting foreign countries (those countries where the consent of the second parent is required).

There are situations when a child needs to go abroad alone (as part of a tourist group or national team, for example).

Then the consent of both parents is necessary. Refusal to give such consent may be considered an abuse of parental rights.

Obstruction of education, inducing a child to begging or theft, prostitution or drinking alcohol, etc. should be regarded as abuse.

Such grounds as chronic drug addiction and alcoholism of the father must be confirmed by a medical report.

If the father has not taken part in the child’s life for more than six months without a good reason, and also does not pay child support (this must be documented), then the issue of deprivation of parental rights can be raised.

Witness testimony, the conclusion of the guardianship and trusteeship authority, and materials from enforcement proceedings will be important.

It should be taken into account that when a child reaches 10 years of age, he may be summoned to court for questioning in the case of depriving his father of parental rights.

The mother or teacher must be present next to the child at this moment (Article 179 of the Code of Civil Procedure of the Russian Federation). Taking into account the opinion of such a child will be mandatory for the court.

The interview of the child should be carried out taking into account his age and development.

The child may be asked the following questions:

Does the child know why he was invited? If so, who told him?
Did anyone teach him what to say in court?
Who does he currently live with? Does he see dad, and if so, how often?
Does dad help him, give him toys and books?
What is he talking to dad about? Etc.

Consequences of deprivation of parental rights

At the end of the consideration of the case on deprivation of parental rights, the court makes a decision. This court decision will be the father's evidence.

The consequence of this procedure will be the termination of the rights to the child that were obtained as a result of kinship.

The father will lose such rights as the right to determine the place of residence of the children, the right to education and communication; the father will not be able to represent the interests of the children when receiving benefits and allowances; deprivation of rights means that such a father will not be able to become an adoptive parent, guardian or trustee in the future.

Such a father also cannot count on alimony and inheritance for his children. But a father who has been deprived of parental rights is not released from the obligation to support the child.

This means that the court has the opportunity to order child support payments. A father deprived of parental rights cannot live with the child, which means he can be evicted without providing another living space (if the premises are provided under a social tenancy agreement).

The same relationship between the child and the parent is preserved.

He has the right to, the right to receive alimony, the right to living space.

Within 3 days after the court decision comes into force, an extract from it is sent to the registry office. Based on such an extract, the registry office employees make a note in the birth certificate of the child.

You can adopt a child after six months from the date the court made a decision on deprivation of parental rights.

Restoration of father's parental rights

The law allows the father to restore his parental rights. This is possible only if the circumstances and reasons that led to the deprivation have disappeared.

To carry out the procedure for restoring the rights of a parent, the father must file a claim in court. At the same time, he has the responsibility to prove that the circumstances due to which he was deprived of parental rights have disappeared and his behavior has changed.

The following fact should be taken into account: if the child has been adopted, then restoration of parental rights becomes impossible.

When restoring parental rights, the court must take into account the opinion of the mother, as well as those living with the child. The opinion of the child himself must also be taken into account.

Deprivation of the parental rights of a father or mother (Article 69 of the Family Code of the Russian Federation) is an extreme measure applied to persons who dishonestly perform or neglect to fulfill parental responsibilities.

Only judicial deprivation of parental rights is possible. The procedure is initiated only in relation to citizens who are raising children under 18 years of age.

The court has the right to decide not only on deprivation, but also on restriction of parental rights, provided that the measure corresponds to the interests of the minor. It is appointed with the aim of giving unscrupulous parents time to change their behavior and attitude towards the child.

Let's look at the difference between these concepts.

Comparison criterion	Limitation		Deprivation
Procedure	Judicial		Judicial
Validity period of the court decision	No more than 6 months		Indefinitely
Obligation to provide financial support for children	Saved		Saved
Responsibility of children for the material maintenance of parents	Saved for limitation		Canceled
Communication with children, participation of parents in their upbringing	Allowed (by court decision)		Prohibited
Adopting a child		Not valid for restriction	6 months after deprivation of parental rights

If deprivation of parental rights is an extreme sanction, then the difference between their restrictions is that this is a preventive measure.

Grounds for deprivation of parental rights

The grounds for deprivation of parental rights of a child’s father or his mother are provided for in Article 69 of the RF IC:

Malicious failure to pay child support (deliberate evasion of financial support for the child).
Failure to fulfill parental responsibilities in raising children under the age of majority.
Abuse of parental rights granted to citizens by current legislation.
Refusal of a father or mother to pick up a child from a maternity hospital, educational or medical institution.
One of the parents is a drug addict or abuses alcohol; the fact of dependence is established by a medical report.
Cruel influence on a child (mental/physical), causing harm to his health or life, including an attempt on his sexual integrity.

This is an exhaustive list in which cases a mother or father is deprived of parental rights.

Who can initiate a question?

A claim for deprivation of parental rights may be filed:

one of the parents in relation to the second parent, regardless of his place of residence;
a person who replaces a parent and performs his duties (adoptive parent, guardian, trustee, often grandmothers and other relatives play this role);
a prosecutor acting in the interests of a minor and defending the rights of the child;
department of guardianship and trusteeship operating under the administration of a municipal entity or the social protection service.

It is recommended to use a sample statement of claim for deprivation of the parental rights of a father or mother as an example when writing a claim.

Where to submit? The claim is sent for consideration to the district court at the place of residence of the defendant or children.

Documentation

What documents are needed to terminate parental rights? In order for the court to accept a statement of claim for proceedings, it is necessary to attach a list of documents to it. Conventionally, it is divided into 2 groups – basic and evidentiary.

Main list of documents:

Child's birth certificate.
Applicant's passport.
Extract from the house register about the composition of the family.
Receipt for payment of state duty.
A document proving the parent's income.
Certificate received at the place of work.

Evidence list of documents:

Statement of refusal of one or both parents to pick up a child from a maternity hospital, kindergarten, medical institution, etc.
A court decision finding a citizen guilty of committing a crime that endangers the life and health of a child.
Certificates issued by the bailiff regarding the citizen’s failure to pay child support.
Information about calls to police officers, a traumatologist's report, certificates of incapacity for work.
Photo and video materials, audio recordings, messages and notes, letters and summonses, witness statements.

The listed documents may be accompanied by other papers indicating the failure of the father or mother to fulfill parental responsibilities, for example, an act of inspection of the residential premises by the guardianship and trusteeship authorities.

How is deprivation effected?

Deprivation of the parental rights of a father or mother is carried out by filing a statement of claim with documents attached to it in the district court.

When filing a claim, the plaintiff pays a state fee, the amount of which is 300 rubles .

To deprive a mother or father of parental rights, it is necessary to draw up a statement of claim to the court that meets the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. It is important to indicate the circumstances of the case that correspond to reality and reflect the facts of violation of the rights and legitimate interests of a minor citizen.

Methods for filing a claim:

On one's own. Appeal to the court is carried out through an expedition or at a reception with a judge.
By mail. The claim with documents is sent to the court address by registered mail with a list of attachments.

The court, having accepted the case for proceedings, issues a summons to the guardianship and trusteeship authority, which is obliged to inspect the living conditions of minor children. The guardianship department specialist provides the judge with an inspection report of the residential premises and a conclusion on the merits of the dispute.

Upon completion of the preparation of the case materials, a court hearing is scheduled. The procedure for deprivation of parental rights is carried out under the chairmanship of one judge with the obligatory participation of a prosecutor and a representative of the guardianship and trusteeship authority.

A child who has reached the age of 10 may be asked to talk about his life and parents. Participants in the process do not have the right to ask him questions.

During the court hearing, the collected case materials are reviewed, the opinions of the parties (plaintiff/defendant) are heard, and the conclusions of the guardianship and trusteeship authority, as well as the prosecutor, are studied. In order to defend their own position, the parties to the proceedings have the right to invite witnesses, file motions and challenges.

Based on the results of the consideration of the case, the judge makes a court decision. It may satisfy the claims in whole or in part, as well as refuse to satisfy them. The court decision comes into force 30 days after its adoption.

It is important that issuing a default judgment in a case of deprivation of parental rights is unacceptable!

Father

Deprivation of a father's parental rights without his consent is carried out in 70% of cases. For the court to make a decision, mutual consent or only one of the parties is not required - it is guided solely by the materials of the case and the interests of the minor.

The legislator does not establish any special grounds for depriving a father of parental rights, since both parents are equal in their rights. However, statistics show that it is the father who is more often deprived of his rights (about 40% more often than the mother).

Common reasons for deprivation are parental abuse of alcoholic beverages, drugs and evasion of financial support for their children.

Mothers

Deprivation of parental rights of a mother (wife) is carried out in accordance with the general procedure. The legislator does not establish specifics, but in practice the court rarely deprives women of maternal rights, giving them time to correct their behavior and making a decision in their respect to limit parental status.

Is this always possible?

The court is obliged to make a correct and reasoned decision, therefore, when deciding on the deprivation of parental rights, it studies all the circumstances of the case.

Since it is impossible to deprive a father or mother of parental rights if they do not fulfill the obligations assigned to them due to:

a combination of difficult life circumstances;
reasons beyond a person’s control, for example, those arising from a mental disorder.

It is important that disabled citizens are not exempt from child support responsibilities: alimony is calculated from the disability pension.

What can affect the court?

When deciding whether a spouse can be deprived of parental rights, the following circumstances are important in court:

Residential inspection results. Employees of the guardianship and trusteeship authorities check the general condition of the apartment (house), the availability of food products recommended for children, clothing, etc.
The opinion of the child's teacher or educator. A children's teacher conducts a conversation with a minor child, finding out the circumstances of his life, relationships with parents, complaints, etc.
Conclusion of a medical examination. If during its conduct it is established that physical or mental violence is being used against the child, including an attempt on sexual integrity, the court is obliged to take this information into account.

Consequences

If one of the parents has been deprived of their status, the child is transferred to the care of the second parent. It is important that a father or mother deprived of status is not released from the obligation to support children (pay alimony).

After deprivation of parental rights, a citizen does not have the opportunity to:

to raise a child;
act as his legal representative;
require him to pay alimony in the future;
receive benefits and allowances provided for parents.

The court decision cancels all privileges based on the fact of relationship with the child.

If both parents are deprived of parental rights or the child does not have a second parent, then he is transferred to the authorized state bodies for upbringing. It is important that close relatives will be able to adopt a child or obtain guardianship over him after 6 months from the date the court decision enters into legal force.

Is it possible to restore rights?

Having lost parental rights, a citizen can restore them in the future (Article 72 of the RF IC). The basis is a change in one’s own behavior, lifestyle or attitude towards raising a child.

The initiator is a citizen who was deprived of them. The procedure is carried out in court, an appeal is filed, and the request may be refused if it is contrary to the interests of the child.

Thus, it is possible to deprive a mother of parental rights or a father only if there are special grounds (parents are drug addicts, use physical violence against children, etc.). The procedure is carried out in court and entails legal consequences.

Useful video about deprivation of parental rights

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The Family Code of the Russian Federation states that in relation to their children, parents have not only equal rights, but also equal responsibilities: they must raise their offspring, as well as protect their interests and rights in every possible way. The most severe legal punishment affecting one or both parents is deprivation of parental rights. This measure means a ban on the use of any methods of education in relation to a specific child. Deprivation of parental rights of a citizen always extends for an indefinite period, in other words, the court cannot rule that a parent or both parents are deprived of educational functions for a certain period, since such a decision is always valid indefinitely, unless a claim is filed and satisfied to restore these rights.

What is the difference between restriction and deprivation of parental rights?

There is also the concept of restriction of parental rights, which should not be confused with deprivation of parental rights. What is the difference between them? Restricting the rights to raise and support a child can be considered as a preventive measure for such parents who can still “correct”, but they need time to do this.

Usually, the restriction of rights does not depend on the actions of the parents themselves. The circumstances here can be very different - one of the parents is seriously ill, finds himself away from the child and cannot return to him for some time, suffers from a mental disorder, etc. In this case, the guardianship and trusteeship authorities closely monitor such parents and their behavior. If a citizen can finally fully restore his parental functions, then the restriction will be immediately lifted from him.

Limitation of parental rights is a very unique procedure that is rarely resorted to in Russia.

When can parental rights be terminated?

Deprivation of parental rights is an exceptional measure; it entails the most serious legal consequences not only for parents, but also for their children.

One or both parents may be deprived of parental rights in accordance with Article 69 of the Family Code of the Russian Federation. The procedure for this procedure is described here, as well as a list of grounds sufficient for deprivation of parental rights. To take such a strict measure there are only 6 reasons, any of them must have indisputable evidence:

Avoidance of parents from fulfilling their responsibilities , including malicious evasion of alimony payments. This refers to repeated, that is, systematic evasion of parental duty, any skimping on caring for one’s children. At the same time, it is not necessary that the fact of systematic evasion of alimony payments be confirmed by a court verdict. The court can simply be convinced that the parent constantly seeks to evade paying child support, in other words, denies his children financial support.
Refusal to pick up your child from a maternity hospital, medical institution, social welfare institution, educational institution and other institutions of a similar nature without good reason . Abandonment of a child within the maternity hospital can be due to various reasons. For example, if the mother is seriously ill, disabled, and does not have housing, then her refusal to pick up the child under such circumstances will not be grounds for depriving her of parental rights. But if a parent leaves his child in the care of the state without good reason, then he will certainly lose his parental rights. First of all, this applies to mothers who simply “forget” their child in the maternity hospital, and do not make any attempts to place him in the appropriate government institution.
Abuse of parental rights: creating conditions that complicate or completely interfere with a child’s development and education, involving him in the use of drugs, alcoholic beverages, and using him as a participant in crimes.
Child abuse. This means not only physical violence against a child, but also mental pressure. Physical violence includes beatings and physical suffering caused in any way. Mental violence is understood as instilling a feeling of fear, threats, and complete suppression of the child’s will.
If the parent is a drug addict or chronic alcoholic , but these characteristics must be confirmed by a medical report. This basis allows the court to deprive a parent of parental rights, regardless of the fact that the court previously recognized him as having limited legal capacity.
Committing an intentional crime directed against the health and life of the child or the second spouse. To file a claim in this case, you will need a court verdict recording the fact of the commission of a crime.

Who is authorized to initiate a case for deprivation of parental rights?

To begin the process of depriving parental rights, someone must take the initiative in this matter. Who, from the point of view of Russian legislation, has such powers? According to the existing regulatory framework, the circle of such persons is quite narrow. This includes, for example, one of the parents, a guardian or legal custodian, the heads of the shelter, guardianship, orphanage and other institutions involved in the protection of children's rights, as well as the prosecutor's office. All of these persons have the right to draw up a lawsuit and send it to court.

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As for other citizens, they can only act as witnesses. It is important to note that the opinion of the child himself is also taken into account if he has reached 9 years of age at the time of the proceedings in court.

What documents are required?

A statement of claim is submitted in writing to the district court at the defendant’s place of residence, which must reflect the following points:

the name of the court in which the claim is filed;

last name, first name and patronymic of the plaintiff, his residential address, and if the claim is filed by a representative of the institution, then also his name and address;

last name, first name, patronymic and residential address of the defendant;

what is the violation of the legitimate interests and/or rights of the plaintiff with a list of his demands;

the circumstances on which the plaintiff’s claims and evidence supporting them are based;

list of documents attached to the claim.

If a prosecutor applies to protect the legitimate interests of a child, then the statement must also state the reason why the plaintiff himself cannot bring his claim.

The statement of claim is signed by the plaintiff himself or his representative, who has the authority to do so according to the law.

Attached to the statement of claim:

copy of the power of attorney;

as many copies of the claim as there are defendants and third parties;

a receipt for payment of the state duty (since this is a non-property application, 100 rubles are paid here);

documents confirming the circumstances taken by the plaintiff as the basis for the claims, copies thereof intended for defendants and third parties.

In each specific case, the package of documents is individual; it must be prepared by a lawyer. For the plaintiff, there are general recommendations: attach to the claim notarized copies of the marriage certificate or divorce certificate, as well as the child’s birth certificate.

For submission to the court, both copies certified by a notary and ordinary photocopies that go along with the original documents are suitable - in the latter case, the court itself undertakes certification of the copies.

You will also need a certificate from the child’s place of residence and written evidence:

a certificate from the bailiff confirming the defendant’s evasion of alimony payments;

documents indicating the antisocial behavior of the defendant (calls to the police, sick leave certificates, certificates from the point of injury);

documents confirming the defendant’s registration with drug and other drug addicts;

any other evidence that the defendant is maliciously avoiding fulfilling the responsibilities of a parent.

It would also be useful to submit a petition to the court regarding the request for enforcement proceedings in the bailiff service. And if the defendant was prosecuted for malicious evasion of alimony payments, then a copy of the relevant verdict should be attached.

Procedure for deprivation of parental rights

Deprivation of parental rights occurs in court after filing a corresponding claim. During legal proceedings, the plaintiff must provide evidence that would indisputably confirm the defendant’s guilt, as well as the evidence that it is impossible to expect a change in the defendant’s behavior for the better.

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Parents deprived of parental rights by law are, however, not exempt from the obligation to support children; in addition, they are required to participate in additional expenses for children (education, treatment, etc.).

As soon as the parents lose their rights in relation to the child, he is automatically included in the category of children left without parental care. The same thing happens when the second parent, who has not been deprived of parental rights, does not want or is unable to fully take full care of the child - this is simultaneously clarified during the consideration of the application for deprivation of parental rights. The same is done when a single mother or father who raised a child alone is deprived of parental rights. In all these cases, the child comes into the care of the guardianship and trusteeship authority. At the same time, such a child can be adopted no earlier than 6 months have passed after the court has passed a verdict on deprivation of parental rights.

Place of residence of the child

When deciding the issue of deprivation of parental rights, the court simultaneously determines the possibility of the child’s continued residence with parents (or one of them), who will already be deprived of parental rights in accordance with the current housing legislation. In accordance with the Housing Code of the Russian Federation, Art. 91 citizens, if, by a court decision, it is not possible for them to live together with their children, in respect of whom they have been deprived of parental rights, living in the premises under the terms of a social tenancy agreement, they are evicted without providing them with other housing.

If the apartment is owned by a child or another parent, then the parent deprived of parental rights can also be evicted from it, since after deprivation of parental rights he ceases to be a member of the child’s family; such eviction is provided for by the norms of Russian housing legislation. If the parent deprived of rights and his child are the owners of their apartment in equal shares, or only this parent himself is the owner, then he cannot be evicted. If there is a court decision on the impossibility of living together between a parent and a child deprived of parental rights, then the child is resettled, however, his right to live there and the right of ownership of this housing remains with the child for the entire period of his absence there. If parents are deprived of parental rights, then their children still remain first-degree heirs.

What evidence can there be of parents abusing their rights?

Abuse of parental rights can take many different forms. For example, one of the parents prevents the other from exercising parental rights, especially in cases where the court has already determined this order. A parent can also prevent their child from traveling abroad for which his consent is required (this is true for almost all Schengen countries).

Despite the fact that the consent of the second parent is not required to leave Russia in cases where the child is accompanied by the first parent, there are many cases when a child travels abroad unaccompanied by a parent (as part of a tourist group or sports team). In such cases, the consent of both parents is required for the child to leave. If one of the parents refuses to give such consent, then this fact can also be considered as an abuse of their rights by the parents. But such a basis, if it is the only one, cannot become a reason for deprivation of parental rights.

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Is it possible to deprive parental rights of a parent who does not take any part in the life of his child?

This is a fairly common question that involves others:

How long must a parent be absent for this to be grounds for deprivation of parental rights?

How can you confirm a father's non-involvement in his child's daily life?

If, without good reason, the defendant does not pay child support for more than six months and does not participate in the life of the child, and there is documentary evidence of this, then in this case the question of depriving him of parental rights can already be raised. Here, the testimony of witnesses and especially the guardianship and trusteeship authority, as well as materials of enforcement proceedings will be taken into account. But before bringing forward such a claim, the issue must be resolved - to maintain the marriage or dissolve it, and, in addition, to search for the alimony defaulter in the prescribed manner. After all, it may happen that when the bailiff finds the defendant’s place of residence, he will be able to oblige him to pay alimony, in which case there will be no grounds for depriving him of parental rights.

Are there circumstances under which a father cannot be deprived of parental rights?

Parental rights cannot be deprived of those persons who do not fulfill their parental responsibilities due to a combination of difficult circumstances and for reasons beyond their control (chronic illnesses, mental disorders, but not drug addiction or chronic alcoholism). Even if the defendant presents his documented disability (certificate of disability), this in no way constitutes an exemption for him from paying alimony, simply in this case it is withheld from his disability pension.

What are the consequences of deprivation of parental rights?

In accordance with Article 71 of the Family Code of the Russian Federation, deprivation of parents of parental rights means that they lose all rights based on the fact of kinship with their children: they cannot personally raise them, cannot communicate, and protect their interests and rights. Parents deprived of rights cannot subsequently claim to receive maintenance from their adult children, and in the event of their death, they are deprived of inheritance rights to their property.

Very often, people deprived of parental rights remember their children only when old age approaches, in cases where they are deprived of their own means of subsistence. But here it is no longer inappropriate to talk about the continuity of generations in terms of the care of elders for the younger and vice versa, since this connection was de facto lost long ago precisely due to the fault of parents who forgot about their duty to their children. Therefore, adult children are not awarded child support if their parents were once deprived of parental rights. For the same reason, parents deprived of their rights are excluded from the list of heirs of their own children, if at the time of opening of the inheritance their parental rights were not restored. But the children themselves have every right to bequeath their property to their deprived parents.

In addition, parents deprived of parental rights are also deprived of their rights to various benefits that the state provides to parents.

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Until parental rights are restored in court, all the negative consequences of deprivation of parental rights for them remain.

Is it possible to restore parental rights?

But taking care of respecting the rights and interests of children and depriving negligent parents of the corresponding rights, the legislation leaves for them the possibility of restoring these same rights. Article 72 of the Family Code of the Russian Federation states that if the behavior of the lifestyle and attitude towards raising a child changes in a positive direction, parents deprived of parental rights can be restored to them.

The process of restoring parental rights also occurs in court; to initiate it, a statement from the most affected parent is required. Representatives of the guardianship and trusteeship authority, as well as the prosecutor, are required to participate in processes regarding the restoration of parental rights. Together with the application of one or both parents for the restoration of their parental rights, a demand for the return of the child to the parents or one of them may be considered. The court may, taking into account the child’s opinion, refuse to satisfy the parents’ claim if the restoration of parental rights conflicts with the interests of the child. If we are talking about restoring parental rights in relation to a child who was 10 years old at the time of the proceedings, then a positive decision is possible only after his consent. If the child was adopted by someone during this time, and this adoption was not cancelled, then in this case the restoration of parental rights by the biological parents will be impossible.

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A mother is considered to be the closest person in the world, because she will always provide her child with affection, care and protection. Unfortunately, there are exceptions; there are families in which the parent does not want to fulfill her responsibilities in raising a child. Accordingly, other relatives have to think about how to deprive the mother of parental rights and provide the baby with normal living conditions and full development.

Grounds for depriving a mother of parental rights

In modern society, there is an opinion that most often deprivation of parental rights is carried out for fathers. In fact, almost half of the cases in this category that the court considers concern unlucky mothers. Modern women often leave their newborns in maternity hospitals, and those ladies who take the babies cannot always take good care of them.

It's sad but true: a large number of children live in social institutions, despite the fact that both mother and father are alive. These children, in fact, are not orphans, but they are almost impossible to adopt, so sometimes it is best for the child that his parents are deprived of their responsibilities and rights. Thus, the child has a chance for a better future in a new family, where he will be loved and raised well.

The grounds for depriving a mother of parental rights are clearly described in the Family Code. Both parents have the same responsibilities to their children; the mother can be deprived of parental rights only if she does not fulfill her direct functions through her own fault. Deprivation of a mother's parental rights is an extreme measure taken by social services in order to ensure a better future for the baby and protect his rights. Not many people know why a mother can be deprived of her parental rights; the list of reasons is as follows:

systematic failure to fulfill one's direct parental responsibilities;
non-payment of alimony for more than six months;
mother’s refusal to pick up the baby from the maternity hospital or medical facility;
abuse of one's parental rights (inducement to use drugs, alcohol, begging, crime, or coercion into sexual contacts);
alcoholism or drug addiction of a woman;
child abuse, including psychological abuse;
a crime against the baby’s life and health.

Very often, lawyers, when deciding how to deprive a mother of parental rights in favor of the father, raise the issue of her employment. If a woman does not work, this is not a reason for depriving her of parental rights. If the living conditions of minors threaten their lives or they do not receive proper nutrition and care, they may be removed from the family for some time, but then they will be returned if the parent improves their living conditions.

The same applies to cases with an incapacitated woman; her condition is not a reason for deprivation of motherhood. If the parent is incompetent, but there are good living conditions and the minor has a warm relationship with his mother, then even through the court it will be difficult to achieve a positive decision. The initiators of the court proceedings will have to prove the woman’s addiction to alcohol, child abuse, or mental disorders for which she is beyond her control.

Who has the right to apply to the court?

Deprivation of the mother's parental rights, the grounds and procedure are described step by step in Article 70 of the SKRF. Any lawyer who you can also contact for advice will tell you how to deprive a mother of parental rights without her consent. To initiate deprivation of a mother’s parental rights, the same lawyer will tell you where to start, but, as a rule, the first step is filing a lawsuit. It can be written by the minor himself, if he is 14 years old, by the father, that is, the woman’s ex-husband, who is not fulfilling his duties, by the child’s close relatives, or by the Guardianship Authorities and the prosecutor. How can a mother be deprived of parental rights? Teachers, kindergarten teachers, neighbors and other people who have witnessed the mother’s unworthy behavior regarding her offspring may be interested.

Procedure for depriving a mother of parental rights

It should be noted that the process of deprivation of maternity is not affected by such circumstances as:

single mother status (even if the children have no one else except their mother, they are still taken away if the parent does not fulfill her duties);
joint and official residence of mother and father (the father can deprive his wife of her rights to the child, even if they are not divorced);
mother's minority.

The application must be submitted to the court at the place of residence of the parent, and if her place of residence is not known, then the claim can be filed in court at the place of the woman’s last registration.

Be sure to collect the necessary documents in advance and accurately determine the basis on which you will apply for deprivation of maternity. You should take into account the fact that non-payment of alimony and non-participation in the life of a child may have serious reasons, and the court, having examined them, will reject your application.

The procedure is carried out only in the presence of the Guardianship Authorities and the prosecutor. During the trial, the process of withholding alimony from the woman will also be initiated. Even if she is deprived of parental rights, she must provide financial support for her biological offspring until she is 18 years old. Child support can only be released by adoption of a child or his death.

During the trial, not only the articles of the Criminal Code of the Russian Federation will be taken into account, but also the material conditions, the woman’s way of life, her attitude towards children, witnesses will be listened to, and the child himself will be interviewed if he is 10 years old. If the court decides that there are grounds to deprive a woman of parental rights, then it makes a decision and the father, close relatives become the guardian if they wish, or the minor will be sent to an orphanage.

A wife, whose husband has deprived her of parental rights, may eventually try to restore her rights through the court, but this is very difficult to do. If a woman has already been deprived of motherhood, the judge is unlikely to risk returning the baby to her, even if she has improved her living conditions and recovered from drug addiction.

Consequences of deprivation of parental rights for a mother

The benefit of depriving parental rights will only be for the baby, because he will be able to improve the quality of life, being under the supervision of teachers in a boarding school, well-fed and well-groomed. For a woman, the only benefit in depriving her of maternal rights is that her offspring will no longer get in her way when she decides to drink alcohol or take a dose of drugs again.

Regardless of what the reason for deprivation of motherhood was, the consequences for the woman will be the same; they are clearly described by Article 71 of the ICRF. From the moment the court makes a decision, the woman loses all her legal rights to her biological child. She is also deprived of the opportunity to receive social assistance for his maintenance, loses benefits and state benefits. At the same time, the minor retains all the property rights that are given to him on the basis of kinship; after her death, he can inherit the property that belongs to her and the property of her relatives. The decision on the possibility of further residence of a woman and child deprived of her rights is made by the court in each case individually. The mother cannot claim funds for her maintenance from her adult offspring in her old age or in case of loss of legal capacity. She loses the basis for inheriting the property of her children if they suddenly pass away.

Who can become a child's guardian?

If a woman is deprived of motherhood, then she is given to the second parent if he leads a normal life, has optimal living conditions and expresses a desire for this. If both parents are deprived of parental rights, then any of the living, capable and adult relatives can become the child’s guardian. These could be grandparents, adult brothers and sisters, aunts, uncles and others. If none of the relatives wished to take custody of the minor, then he is transferred to the Guardianship Authorities. Only six months after the court decision to deprive the biological mother of maternity, a minor can be given up for adoption.

The following persons cannot become guardians of a minor:

that they themselves were deprived of parental rights;
patients with chronic alcoholism or drug addiction;
persons who were already guardians, but were removed from their duties;
former adoptive parents, if the adoption was canceled due to their fault;
persons with a criminal record;
people with diseases that can be passed on to the child;
citizens who are in same-sex marriages or lead an immoral lifestyle;
persons who are not citizens of our state.

A person who has expressed a desire to become a guardian must file a corresponding claim in the district court and provide information about his relationship, legal capacity and financial conditions. If the court satisfies the candidacy of a guardian or the child himself reveals a desire to stay and live, for example, with an aunt, then she will be appointed as the child’s guardian.

If there is a threat to the child’s life, then until a guardian is identified, he will live in a boarding school, and only after the end of the trial, the guardian will be able to take him to a new place of residence.

A complete family in which everyone lives peacefully and the spouses love each other is very rare. Divorce of parents has recently become a common situation that does not cause surprise or condemnation from the public. A minor child who was raised in a family often becomes a hostage of circumstances, because he loves his mother, who could not survive the destruction of the family and took up the bottle, and does not want to part with her. Of course, social services are trying to conduct preventive conversations to persuade the mother and help her improve her living conditions. Unfortunately, the efforts of social service workers do not always end in success. The child is nevertheless removed from a dysfunctional family and any family ties with the woman who gave birth to him and was supposed to become a support for him, a reliable protection from the outside world, are severed.

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Deprivation of parental rights is associated with significant violations by parents of moral standards in relation to their own child, with a refusal to support and educate him.

Fathers are more often deprived of their rights than mothers. But according to statistics, there are also many mothers deprived of parental rights.

Another option, but the saddest one, is that both parents were deprived of their rights. If the child has no other relatives, he will be transferred to the care of the guardianship authority.

Often, the division of children becomes the result of a long confrontation between parents, revenge after a divorce, and some other reasons. But the parties do not take into account that such proceedings have the most negative impact on the child’s psyche.

It is not uncommon for a mother to remarry and the new spouse decides to adopt the child. Then the mother files a lawsuit to deprive the child's biological father of his rights.

Let's consider what may be grounds for deprivation of parental rights in 2019.

The procedure for deprivation, the grounds for such a process, and its consequences are regulated by Articles 69-72 of the Family Code of the Russian Federation.

Also, according to family law, other harsh sanctions can be applied to parents:

limit parental rights;
take away a child if his life and health are threatened.

Each of these punishments is provided to protect the interests of children under 18 years of age, and depends on the severity of the offenses committed by the parents against the child.

The listed sanctions apply to parents in relation to children who have not yet turned 18 years of age.

Parental rights in relation to adult children are not deprived.

Article 69 of the RF IC regulates the following grounds:

The diseases themselves, drug addiction or alcoholism, are not grounds for deprivation of parental rights.

If the illness of one of the parents does not have a negative impact on the child, one of the parents fulfills his duties well, participates in raising the child or regularly pays child support, his rights are not deprived.

Why else are parental rights deprived?

If the father is in prison, the procedure for depriving parental rights has its own characteristics. A convicted person serving a sentence does not have the physical ability to properly care for a child.

The plaintiff will have to prove the fact of the spouse’s lack of interest in the child’s life at the present time, and in those periods that preceded the conviction.

It is important to prove that the convicted person did not take part in raising his son when he had such an opportunity.

If one of the parents is in prison, the procedure for deprivation of rights must comply with all legal principles of legal proceedings.

Since the opposing party does not have the opportunity to come to the meeting and take part in the process, the court, in order to implement the principle of equality of parties, may accept written evidence, objections, explanations of the case from the defendant, and announces them during the hearing of the case.

Typically such evidence is sent by mail.

Deprivation of parental rights must be justified. The other parent, who is at large, must decide whether serving a sentence is grounds for depriving the convicted person of the right to raise his child.

Family law regulates that parental rights are deprived when the crime for which the parent was imprisoned was committed to harm the life or health of the other spouse or children.

If the convicted person was sent to prison for another punishment, then his parental rights are not deprived.

Stages of deprivation of rights

Let's consider the necessary or desirable stages of the process of depriving the parental rights of a mother or father.

If there has been violence against a child or another parent, the victim must record the damage that was caused to his health. You need to go to a medical facility for examination.

After receiving a medical certificate about the harm caused, the child's legal representative can file a statement with the police.

Then law enforcement officials will either initiate a criminal case, or refuse to initiate it, or transfer materials according to jurisdiction.

After the investigation, the criminal case will be transferred to court. After considering the case, the court makes a decision.

If one of the parents (usually fathers) evades payment of alimony, you need to obtain a certificate from the bailiffs about the existence and amount of alimony debts.

After a divorce, one of the parents must pay child support (if the court makes such a decision). The writ of execution is submitted to the bailiff service.

If the place of work is not established, but it becomes known that the spouse is hiding his income and does not pay alimony, he will be brought to administrative responsibility.

To prepare a claim for deprivation of the father's parental rights, the child's mother provides the court with a certificate of alimony debts and documents that indicate the imposition of administrative liability and criminal prosecution of the child's father.

If the parent is an alcoholic or drug addict and is registered accordingly, you need to take certificates, extracts, and medical reports.

Relevant diagnoses must be documented.

You will also need witness testimony and a reference from your place of work.

Before filing a claim in court, one of the parents must contact the guardianship and trusteeship authorities and provide copies of the child’s birth certificate, divorce, copies of an extract from the home book, financial personal account, as well as copies of documents that confirm the basis for deprivation of parental rights.

Guardianship officials check the living conditions at the child’s place of residence, examine the living conditions of the second spouse, and then draw up reports.

If the child is over 10 years old, he must write a statement agreeing with the claim. Or refuse to do it.

The conclusion of the guardianship and trusteeship authorities is submitted to the court.

The following may file a claim in court:

Submitted in writing to the court at the defendant’s place of residence.

name and address of the court;
Full name, address, contacts of the plaintiff, defendant or authorized representative;
information about the child;
grounds for deprivation of rights with reference to a normative act (for example, for non-participation in the life of a child, in his moral education and material support);
indicate the main requirement - to deprive one of the spouses of parental rights;
list of documents attached to the claim.

If a statement of claim is filed by a prosecutor, the document must contain a justification for why the claim cannot be brought against the citizen.

The complete package of documents is individual for each case. A qualified lawyer will help you draw up a claim and collect all the necessary documents.

You can also file a claim in court to collect alimony from one of the parents: the law provides that deprivation of parental rights does not relieve you of the obligation to support your child.

Until the child reaches adulthood, parents represent his interests in all property matters. But they do not have the right to use their powers to his detriment.

This rule applies primarily to the disposal of property if a child has received an inheritance or has become the owner.

Another striking example: preventing a child from visiting another state (when the consent of both parents is required). Sometimes a child needs to visit another country with a tourist team or group.

Consent of both parents is required. If one of the parents refuses without justified reasons, this fact can be regarded as an abuse of parental rights.

Also illegal are obstructing education, inducing a child to beg or steal, prostitution, child pornography, or drinking alcohol.

In some cases, you can file a claim if one of the parents refused to consent to an emergency operation for the child.

Witness testimony and conclusions of guardianship and trusteeship authorities are of great importance.

If the fact of repeated beatings, bullying, or sexual assault of a child is established, the parents will no longer be able to raise him.

neglect;
insults;
exploitation;
rough treatment;
humiliation.

Such parental behavior can harm the health and psyche of the child.

Proof:

certificate of beatings;
an official conclusion from a psychologist confirming the child’s unstable mental state.

If parents suffer from alcohol or drug addiction, they forget about their child, their obligations to him, and lose contact with the real world. They can behave aggressively, cause physical pain to the child, and mutilate him.

If a child cannot yet feed himself, such parents endanger his life.

Proof:

medical report;
witness's testimonies;
administrative protocols, etc.

If one of the parents infringes on the child’s health or the health of the other parent, guilt must be proven.

Rights are limited:

if leaving a child with one of the parents is dangerous due to circumstances that do not depend on the parents (mental disorder, other chronic illness, difficult circumstances);
if leaving a child with one of the parents is dangerous for the child, but there are no sufficient grounds for deprivation of parental rights.

If the parents do not intend to change their behavior, the guardianship and trusteeship authorities must file a claim for deprivation of parental rights six months after the court decision to limit parental rights.

Parents with limited rights can contact their child with the consent of the guardianship and trusteeship authority or with the consent of the other parent.

If there is a threat to the life and health of a child, the guardianship and trusteeship authority can immediately take the child away from the parents.

The guardianship authority immediately notifies the prosecutor and provides temporary placement for the child. Then a lawsuit is filed in court to deprive parental rights.

Also, one of the spouses who can no longer participate in raising a child loses a number of rights:

to protect the interests of the child;
to claim it from other persons;
to limit or deprive a child 14-18 years of age of the right to manage his own income, scholarship, and so on;
to give consent to the emancipation of a person under the age of majority;
for pension provision after the death of a child, for inheritance.

Bottom line

A successful procedure for depriving parental rights is the basis for terminating the legal relationship between a parent and his child.

The parent loses all rights to the child. But he still has obligations to pay alimony. Children retain the right to the residential premises of the deprived parent, and can also inherit from him.

The grounds for deprivation of parental rights are clearly indicated in family law, but due to a specific interpretation, they are often “expanded” and interpreted in a special way.

This state of affairs sometimes allows for deprivation of parental rights in the absence of compelling reasons.