Many women, not receiving alimony from their husband, think about the issue of depriving them of their parental rights.
How to do this, what consequences (legal) will this have for the father of the child?
Reasons for depriving a father of parental rights
A woman needs to be careful about depriving her husband’s parental rights, a desire to take revenge, momentary emotions is a bad adviser, this measure is needed only in exceptional cases, because it inflicts a blow to the child’s health (including the psyche) of the child.
Deprivation of rights is carried out through the court if there is sufficient evidence that is prescribed in the Family Code of the Russian Federation (Articles 69-73).
The main ones are:
• The use of violence against a child or his mother. It is necessary to call the police, record the unlawful actions of the husband (if necessary, undergo a medical examination). Even if a criminal case is refused, it will be needed in litigation for the deprivation of the rights of the father.
• Non-payment by the father within 6 months of alimony (qualifies as malicious evasion). Contact the bailiffs, presenting a court order to withhold the alimony from the plaintiff, in case of non-payment of the resulting debt, they must impose an administrative fine on him. Take from them a certificate of duty and administrative prosecution of the plaintiff for non-payment of alimony, in order to submit them to court.
• Chronic alcoholics and drug addicts lose their rights. To do this, you need a certificate from a specialized medical institution (narcological and neuropsychiatric dispensary). For the imprisoned father of the child, only this reason is the basis for the deprivation of rights. A certificate of the defendant’s presence in prison (which proves that he cannot participate in the court session) can be obtained from the FSIN.
• Psychological violence, moral bullying, insults, humiliation, beating, sexual harassment of a child. It is necessary to collect testimonies (relatives, neighbors, teachers, colleagues). They should characterize the father on the negative side, if there is a need to conduct a medical examination of the child.
• If a father abuses his rights, incites children to engage in prostitution, begging, stealing, sharing alcohol and drugs, this is the basis for contacting the police and depriving him of his parental rights.
Who should apply for father's deprivation
The Family Code (Art. 70) details the process of deprivation of rights. According to it, the mother or the guardian of the child, as well as the prosecutor or the representative of the guardianship and trusteeship bodies (OOiP) can file applications with the court.
Since participation in the court is mandatory, first you need to contact them by submitting a document on the birth of the child, a certificate from the house book, a copy of the personal account at the place of registration of the child. If you have already collected documents that negatively describe the father of the child, then copies must be provided to them.
The employees of this state organization must check the living conditions of the child and draw up an act. If the child is 10 years old, then the inspector of the organization must ensure that the child voluntarily, without coercion, wants to deprive his father of his rights.
The court makes decisions, taking into account the opinion of the employees of the public organization and the prosecutor's office, it is they who must protect the rights of the child. A positive predictable result of a court hearing will be if these bodies themselves file a lawsuit.
The statement is submitted by the plaintiff to the court along with materials negatively characterizing the father of the child. A package of documents is transmitted personally by the plaintiff to the court registry or sent by mail (by registered letter to the court).
The lawsuit is filed with the court at the place of registration of the defendant, if his place of residence is unknown, then the district court at the place of registration of the plaintiff.
If the father voluntarily renounces the rights to the child, the court may consider this issue in his absence. For this, a notarized disclaimer is sufficient.
Citizens with foreign citizenship are deprived of their rights, if the child lives at the place of residence of the mother, legal proceedings take place according to the laws of the Russian Federation. If the child is outside of Russia, you need to bring him to our country, register at the place of residence of the mother, and then start collecting documents on the deprivation of paternity.
Legal consequences of father deprivation
A father who is deprived of his rights is not exempted from paying child support. Alimony is calculated even from the disability pension of the unemployed father until reaching adulthood. The child is exempted from paying alimony to his father in old age, if such a need arises.
Children retain the right to inheritance after the death of their father, as well as the right to his living space if they lived together. Without the permission of the child’s guardian, you cannot sell it or make other real estate transactions. If such a transaction has occurred, you need to go to court, it will be declared invalid.
The father is deprived of all benefits and allowances established by law for parents with children. He can adopt a child of another woman only 6 months after the deprivation of his rights.
His wife, after depriving her husband of his rights, has the right to travel abroad with his child without his consent. After the divorce, her new husband has the right to adopt a child.
A father who is deprived of his rights cannot see his child, interfere in his upbringing, choose a place of residence and study, in the event of his death, he cannot inherit his property.
Severe life circumstances (which incline the court in favor of the father) is a serious illness (except for alcohol and drug addiction). In this case, the court refuses the mother to deprive her husband of parental rights.
A husband can file an application for the restoration of his rights to court if those shortcomings and lifestyle that were indicated in his wife’s lawsuit are corrected and there are currently no grounds for deprivation of paternity.
Father restriction on parental rights
If the court has not yet established convincing reasons for depriving the father of his rights, he can make a decision to restrict his rights for a period of 6 months, with the right to return afterwards to this issue.
The reason for this may be drinking alcohol, constant scandals in the family, leaving a child unattended, sexual relations in the presence of children. The court will need to provide evidence of the father’s behavior that threatens the child’s upbringing, health and life.
If after 6 months after the decision to limit the rights, the father’s behavior is not corrected, the court returns to the question of depriving him of his rights.
Legal consequences in case of restriction of rights are the same as in the case of deprivation of parental rights. Workers of the Public Organizations and Prosecutors may, if necessary, initiate the deprivation of the rights of the father ahead of schedule.
Marriages made thoughtlessly due to youth, lack of life experience, dissimilarity of characters often break up, young fathers abandon their children, forgetting about the child for a long time. The laws of the Russian Federation protect the interests of the child and his mother.
