Why can a mother be deprived of her parental rights? How to deprive a mother of parental rights? Deprivation of parental rights - grounds

Parental rights impose certain responsibilities and also grant powers. You can understand what exactly these rights and responsibilities are after reading the Family Code. As a general rule, if basic responsibilities are not fulfilled, then you can file for deprivation of parental rights. But to do this, you first need to figure out what is needed for this, who can file such a claim and in which court.

The Family Code clearly outlines the mandatory list of responsibilities of each parent that must be fulfilled in relation to children.

At the same time, it is worth immediately stipulating that legally the mother and father bear equal responsibility in this matter. That is, their rights and responsibilities will be the same (although in fact, for example, in a divorce, the court is always on the woman’s side, as practice shows).

Let's consider what exactly belongs to the main responsibilities of parents:

• ensuring proper living conditions: everything necessary for development (physiological and spiritual);
• provision of everything necessary (clothing, food, furniture, housing);
• essentials;
• participation in the child's upbringing.

The grounds and procedure for deprivation of parental rights, which are specified in the relevant regulations, provide precisely the reasons for formalizing the deprivation of parental rights. This is, first of all, a failure to fulfill one’s direct duties as provided for in the Family Code.

But at the same time, for those who deprive parental rights, it can be quite difficult to prove the presence of significant reasons. It will be up to the judge to decide whether the grounds are sufficient or not. If it is obvious that children are suffering from malnutrition, this can be done. But, for example, it will be very difficult to claim that a mother is feeding her child the wrong foods.

That is why, in order to avoid disputes about how to interpret this, it is customary to consider the minimum list of responsibilities. For example, poor clothing cannot be considered a sufficient reason for which parental rights can be deprived - only if the children do not receive enough clothing at all.

Reasons for deprivation of parental rights

The grounds for deprivation of parental rights can be very diverse. That is why in court such cases are usually considered on an individual basis, taking into account all the circumstances.

The reasons for deprivation of parental rights can be very different. The most common of them include:

• failure by parents to fulfill their basic responsibilities towards children;
• moral or physical abuse of children;
• immoral lifestyle (drug addiction, alcoholism).

The procedure for deprivation of parental rights implies the main difficulty in interpreting each of these concepts - they are so vague that one can mean completely different things by each of them. Even the most harmless action of a parent can be considered as grounds for depriving parental rights.

The problem is that what is meant by parental rights is often different. Formally, deprivation of parental rights is indeed possible if parents do not care for their child well. But in this case, such controversial issues may arise that the court’s decision, at first glance, goes against the legislation of the Russian Federation. For example, from the age of 14, a child himself can demand the opening of proceedings in court in order to demand a decision to deprive him of parental rights. The reasons may be the most unexpected: if parents, for example, do not buy him enough sweets. Formally, sweets are food, and food satisfies physiological needs, the provision of which is the responsibility of the child’s parents. But it is clear that parental rights are not deprived for not buying enough goodies for the child.

The same can be considered using another example: if a child is not vaccinated, then it is formally possible to deprive parental rights for not providing proper medical care.

At the same time, parental rights provide for the opportunity to refuse vaccination - according to many mothers, this is precisely the ideal option for the baby.

Also, cases of deprivation of parental rights often have a financial aspect. An essential basis for deprivation of parental rights is the inability to provide for one's child. But at the same time, it is difficult to criticize a parent who is left without a job, but is trying with all his might to find one and spends everything he can on the baby.

Family disputes always involve many different controversial issues that can be difficult to explain in a standard way. On the one hand, the point may be completely obvious according to the legislative rules, but, on the other hand, these same rules can be explained in a variety of ways.

Parental rights and responsibilities are established only in general terms at the legislative level, but at the same time their interpretation can be very diverse and therefore it is necessary for the judge to approach the consideration of such an issue very responsibly. When he considers such a case, the interests of the child should come first. A clear example: sometimes even the mother’s immoral behavior may be unknown to the child, but at the same time the woman is a loving and caring mother of the baby. Thus, when parental rights are deprived, only the child will suffer, who will definitely be worse off in the orphanage.

Procedure for deprivation of parental rights

The conditions for deprivation of parental rights are clearly established in various legislative acts of the Russian Federation. But at the same time, you should clearly understand all the nuances of how to deprive parental rights. This is a rather complex and lengthy procedure that requires patience and the right approach to the matter. Otherwise, the process of depriving parental rights may not be successful, even if the reasons are significant.

Collection of documents

Regardless of the cases in which parents may be deprived of their children, it is necessary to carefully prepare for this process and prepare a complete list of supporting documents. You must understand that often the court will be on the side of the mother to the last, and therefore, if a lawsuit is filed against a woman, then the arguments must be really weighty. At the same time, it is necessary to confirm the harm of such actions for the baby. If a woman does not lead a very righteous lifestyle, then this must have a direct negative impact on the child, otherwise it will be regarded as simply an invasion of her privacy, which is not relevant.

Typically, supporting documents can be:

• a certificate from the place of work or employment center confirming insolvency;
• conclusion about the unsuitability of housing for a child to live in;
• a certificate stating that the child was physically harmed (confirmation of beatings, injuries, exhaustion of the body);
• confirmation that the child is not provided with proper upbringing (for example, the child does not attend school at the proper age);
• medical certificate that the parent is a drug addict, alcoholic, or mentally unstable.

Witness testimony may be included in the case. Often this is the testimony of neighbors or acquaintances who can confirm inappropriate treatment of the child: physical or moral violence, immoral lifestyle (drinking alcohol, moral failure). Photographs or some other recordings (audio or video) may also be included in the case. A representative of the guardianship authority or a local doctor can also act as a witness.

You need to understand that very often such families are specially registered as disadvantaged and therefore they are periodically checked by the relevant authorities. Their conclusion is a powerful argument in such cases.

Even if the organization previously filed a claim and the demands were denied, under new circumstances one can again demand to take the child away from the family.

Preparation of a statement of claim

If the fact that is an argument in the case is sufficient to go to court, then it is necessary to start preparing an application. It indicates the following points:

• sides;
• essence of the question;
• arguments;
• requirements;
• supporting documents, if there are none, then a birth certificate and other documents confirming the fact of relationship (if the plaintiff is a relative) must be provided.

The statement of claim must present the essence of the issue as logically and clearly as possible. At the same time, they usually adhere to a purely business style, avoiding overly emotional statements. It is advisable to provide as many references as possible to the norms of current legislation, as well as provide more arguments and evidence that you are right.

If the plaintiff is a guardianship authority, then they usually have standard documents prepared. But for individuals it is better to use ready-made examples of claims to avoid mistakes when drawing up an application.

Going to court

In such disputes, the plaintiff may be:

• second parent;
• guardianship and trusteeship authorities;
• other relatives.

It should be clearly understood that an interested person can act as a plaintiff. For example, if a grandmother wants to deprive her daughter of her rights to a child and take her grandson for herself, then this is possible. But if neighbors see child abuse, they can simply contact the police, who will refer the case to the Guardianship Council. Or directly to this organization. Local doctors also deal with similar matters - you can contact them, and they then turn to the board of trustees.

The policeman or doctor himself does not act as a plaintiff in the case - only as a witness. The guardianship authority in this case acts as a plaintiff as a person interested in protecting the rights of children.

People can be deprived of parental rights in any court at the place of registration of the defendant or plaintiff - there are no restrictions here. Also, deprivation of parental rights is carried out without any restrictions in terms of the statute of limitations - you can go to court to consider such an issue at any time until the child becomes an adult. Although it is interesting that deprivation of parental rights may have a more significant basis at a later age. For example, if a parent demands payment of alimony or prohibits the child from leaving for permanent residence, but at the same time he himself did not cope with his responsibilities in the best possible way earlier, then, at that time an adult, the child can go to court to exclude the fact of the relationship as such.

In the Russian Federation there is no state duty for such cases. Formally, government organizations have the right not to pay such a fee. But even if the plaintiff is any other person, such claims are still not subject to duty.

What does termination of parental rights entail?

The legal consequences of deprivation of parental rights imply the absence of any responsibilities towards the child, as well as the parents’ rights to him. If before this it was necessary to monitor the children, support them, and educate them, now there is no need to do any of this. It is understood that usually any problem with a child will automatically be the fault of the parents (for example, if the child was hit by a car), but now they do not face legal consequences for this.

But at the same time, deprivation of parental rights has the following consequences:

• Lack of ability to control the fate of your baby.
• It is possible to deprive the right to see each other, if the father or mother retained legal authority over the child, then they can prohibit the deprived person from seeing the child, since formally he is already a stranger and the presence in the child’s life can be limited. If the baby ends up in an orphanage, this will be decided by the administration of the institution.
• In the Russian Federation, from this moment on, it becomes possible to adopt such a child for other people.

It is also worth noting that the Russian Federation provides for another possibility - in the presence of certain circumstances, you can restore your rights in court. You must understand that this also requires filing a claim in court. After this, a trial will necessarily be held again, during which the possibility of restoring legal powers in relation to the child will be established.

Grounds and procedure for deprivation of parental rights

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Parental rights can be deprived of only one or both parents and only in court. This means that the procedure for depriving parental rights requires the participation of certain persons, compliance with established procedures and rules, and the results of this procedure have very specific legal consequences. How is parental rights terminated? What are the grounds, procedure and legal consequences of this procedure?

Grounds for deprivation of parental rights

Parents of children (child) may be deprived of parental rights when they (or one of them):

• do not fulfill parental responsibilities, including raising children (child), for example, do not participate in their moral and physical development, education;
• maliciously evading payment of alimony;
• refuse, without good reason, to take their child from a maternity hospital or hospital, educational institution, or social service organization;
• use their parental rights to the detriment of the interests of the children (child). For example, they interfere with their education, force them to beg, steal, etc.;
• ill-treat children (children), in particular, use violence, treat children (children) rudely, neglectfully, insult, exploit, etc.;
• suffer from chronic alcoholism or drug addiction;
• committed an intentional crime against the life or health of their children (child), another parent of the children, spouse, or against the life or health of another family member.

For other reasons, parental rights cannot be deprived.

But if parents fail to fulfill their responsibilities due to difficult circumstances or for other reasons beyond their control (for example, due to mental illness), they cannot be deprived of parental rights. But if the court decides that it is harmful or dangerous for the children (child) to remain with such parents, then it may place the child (child) in the care of the guardianship and trusteeship authorities.

Procedure for deprivation of parental rights

Deprivation of parental rights is carried out in court. The following may file a lawsuit for deprivation of parental rights:

• one of the parents;
• prosecutor;
• persons replacing parents (adoptive parents, guardians, trustees, adoptive parents);
• body (institution) performing duties for the protection of children's rights (guardianship and trusteeship authorities, commissions for minors, as well as institutions for orphans and children without parental care).

Before going to court, it is advisable to collect documents and evidence that may be grounds for deprivation of parental rights. Such documents may be:

• statement of the parent’s refusal to pick up the child from the maternity hospital;
• a court decision finding a parent (or parents) guilty of committing a crime against the life or health of a child;
• certificate of non-payment of alimony;
• a court decision to collect alimony and/or a court order;
• arrears of alimony as of the date of filing the claim in court;
• certificate of tracing the alimony payer;
• information about police calls;
• certificates from the emergency room;
• sick leave;
• medical report on chronic alcoholism or drug addiction;
• conclusion of the guardianship and trusteeship authority on the living conditions and upbringing of the child;
• photographs, videos, letters, recorded testimony confirming the grounds on which parental rights can be deprived.

IN it is necessary to indicate what exactly and how exactly the violation of the child’s rights is expressed and the unlawful behavior of the parent who is the defendant is manifested.

A statement of claim for deprivation of parental rights is filed with the district court at the place of residence of the parent who is the defendant. If the claim contains both a demand for deprivation of parental rights and for the collection of alimony, the plaintiff may file such a claim at his place of residence.

The following documents are submitted to the court along with the application:

• child's birth certificate;
• certificate of divorce (if available);
• documents confirming the misconduct of the parent who is the defendant;
• power of attorney (if the interests of the plaintiff are represented in court by another person).

A statement of claim for deprivation of parental rights is not subject to state duty, so there is no need to pay state duty.

As a result of the trial, the court makes a decision either to deprive parental rights or to refuse to satisfy the requirements for deprivation of parental rights.

Legal consequences of deprivation of parental rights

Deprivation of parental rights has certain legal consequences for both the parents and the child himself.

Legal consequences for parents

If one parent is deprived of parental rights, the child is transferred to the care of the second parent. If this is impossible or the court has deprived both parents of parental rights, then the child is transferred to the care of the guardianship and trusteeship authority.

A parent deprived of parental rights loses the following rights:

• the right to raise a child and protect his interests;
• the right to receive maintenance from an adult child;
• the right to a pension after the death of a child;
• right to inherit by law;
• the right to receive pensions, benefits, alimony, etc. assigned to the child;
• rights to benefits and state benefits established for citizens with children.

If the mother of a child is deprived of parental rights, then her maternity capital is terminated.

Legal consequences for children (child)

Children (child), whose parents have been deprived of parental rights, retain the right of ownership of the residential premises or the right to use the residential premises in which they live with the parent. Also, children (child) retain the right to inheritance.

In addition, children (children) have the right to maternity capital in the following cases:

• if the mother is deprived of parental rights and she was the only parent of the child, in connection with whose birth the right to maternity capital arose;
• if the father of the child, who has the right to maternity capital, is deprived of parental rights in relation to the child, in connection with whose birth the right to maternity capital arose.

If both parents are deprived of parental rights, then children (child) can be adopted no earlier than six months from the date the court makes a decision on deprivation of rights.

Why can parental rights be deprived? This question has always remained relevant. What does Russian legislation say about this procedure? On what basis is it produced and how is it formalized? All these questions will be answered in the article.

General characteristics of the process

The most severe legal measure that can be applied to parents (or one parent) is deprivation of the rights to raise a minor. This measure is aimed at prohibiting the implementation of educational processes in relation to one child.

A citizen is always deprived of parental rights for an indefinite period. Thus, the court is not able to issue a decision according to which the parent will not be able to carry out educational functions for a certain period of time. Deprivation of parenting rights is always indefinite.

A parent who is legally deprived of his rights to raise a child does not lose his responsibilities for his maintenance. Such a citizen must still provide for his offspring - as a rule, financially (by timely payment of alimony).

Restriction of Rights

Deprivation of parental rights should not be confused with their restriction. How are these two concepts different? Limiting the rights to support and raise a child is a precautionary measure for parents who need time to “correct.” As a rule, the restriction of rights does not depend on the actions of the parents themselves. For example, a mother or father may become seriously ill, acquire mental disorders, find themselves far from the child without the opportunity to return to him, etc. Guardianship and trusteeship authorities carefully monitor the parents (or one parent) and their behavior. As soon as the citizen fully recovers, the restriction will be lifted.

Restricting the rights to support and raise children is a rather unique procedure, and therefore is rarely used in Russia. Next, we will talk about the procedure for depriving parental rights, as well as the reasons for initiating this procedure.

Failure to fulfill duties

Why can parental rights be deprived? Russian legislation establishes several main reasons why any citizen can be deprived of the right to raise a child. The first thing worth highlighting is the banal failure to fulfill parental responsibilities.

If the father or mother ignores even the basic needs of the child, such as food, clothing, hygiene, medicine or medical care, then it is quite obvious that the parent should lose his rights to raise the child. This also includes those cases when a parent constantly involves his child in harmful situations - drunkenness, drug addiction, immorality, disrespect for older people, etc.

A child should not stay in a family where, for example, the mother is an alcoholic and the father is a drug addict. This will have a detrimental effect on his future life. Separately, it is worth highlighting paragraph 1 of Art. 69 of the RF IC, which indicates deprivation for non-payment of alimony, which also applies to failure to fulfill obligations.

Abuse of parental authority

The Russian Family Code also stipulates one more circumstance, namely, the abuse of rights to raise a child. What exactly are we talking about? - This is always the exploitation of a child. This may include coercion into prostitution or begging, imposition of alcohol or drug use, and other violent actions. Any parent who chooses to communicate with their child through violence and cruelty should be deprived of child support rights. The court is obliged to respond to such manifestations in a timely manner, otherwise the pressure on children will become systemic and will soon turn into direct exploitation of the child.

Unfortunately, it can be very difficult for law enforcement agencies to prove the guilt of parents under the circumstances presented, and therefore a decision in the form of deprivation of parental rights is made quite rarely. Much more often, the rights to raise children are simply limited.

Parental abuse of children

Art. 69 of the RF IC enshrines one of the most common reasons for deprivation of parental rights. We are talking about the use of violence against a child. Violent actions can be not only physical, but also psychological in nature. If the courts can prove that the child’s injuries were caused by his own ancestors, then the deprivation of parental rights will occur immediately. The same applies to mental violence. A child who is often threatened, whose will is suppressed, often begins to behave inappropriately. Law enforcement agencies will have to prove that the intentional imposition of threats, fear or intimidation was carried out by the parents.

If parents did not prevent physical or mental violence against their child, then a restriction of parental rights may be applied to them under Article 73 of the Family Code of the Russian Federation.

Severe forms of addiction

Parents who are drug addicts or parents who are alcoholics will definitely not be able to raise a child well. Moreover, it is simply dangerous for children to be in families where their parents are only concerned about getting a new dose. The Family Code of the Russian Federation ("Deprivation - Article 69") does not provide a clear distinction between, for example, alcoholism and drunkenness. To deprive or not to deprive parental rights - such a question applies only to law enforcement officials.

It is worth noting that there is a huge difference between alcoholism and drunkenness. Drinking, of course, involves drinking alcohol regularly. But if this circumstance does not in any way harm the optimal upbringing of the child, then cases of deprivation of parental rights will most likely not be initiated.

Abandoning a child and committing a crime

Abandonment of a child in the maternity hospital can be due to various reasons. So, if the mother has a disability, is seriously ill or simply does not have housing, then the refusal to take the child with her will not be taken into account. And at the same time, a parent who leaves the child in the care of the state without good reason will certainly lose the rights to raise. This is especially true for those mothers who do not even try to place their child in the appropriate government institution, but simply abandon him in the maternity hospital.

Another reason for deprivation of parental rights is the commission of a crime against a spouse or child. This includes violence, murder, attempt, incitement to suicide, as well as inaction that led to the death of a family member.

Why can a person’s parental rights be deprived? As is already clear from the reasons presented above, for any actions or inactions that in one way or another cause harm to the child. Next we will talk about how to deprive a citizen of parental rights.

Who can initiate a question?

To start the process of depriving the right to raise children, someone's initiative is needed. Who exactly can initiate the issue of deprivation of rights to raise children in accordance with the legislation of the Russian Federation? The existing regulatory framework regulates a rather limited circle of persons. In particular, it is worth highlighting:

• one of the parents (father or mother);
• legal guardian or guardian;

• heads of the guardianship authority, shelter, orphanage and other organizations for the protection of children's rights;
• prosecutor.

All these persons are capable of drawing up a claim and filing it in court. Other citizens can act as witnesses. It is also worth noting that the opinion of the child himself is also taken into account, but only if he has reached the age of ten.

The father loses his rights

Why can a father's parental rights be deprived? All the main reasons have already been mentioned above. At the same time, the most common and widespread circumstance under which a parent may be deprived of the right to raise children remains evasion of payment of alimony.

The fact of non-payment of alimony must be proven. This is often not so simple; for example, the father may present to the court evidence of his inability to regularly pay amounts of money. For example, a parent may be laid off at work, become seriously ill, become disabled, be registered with the employment service, etc. If the father is nevertheless deprived of parental rights, you can think about going to the cassation court.

There are cases when the whereabouts of the father are completely unknown. Then the court has the right to turn to the police and the Federal Migration Service to provide information about the missing parent.

The mother is deprived of her rights

It is immediately worth noting that it is very difficult to deprive parents. This is a truly extreme measure, which the court resorts to very rarely. The reason for this is quite simple: any child is very attached to his mother, no matter how terrible a person she may be.

The reasons for depriving mothers of the rights to raise a child are the same as for fathers. At the same time, the courts prefer to limit the mother’s parental rights, but not deprive her of the opportunity to raise a child.

The most common reason for depriving a mother of her parental rights is abandonment of the child in the maternity hospital. From a legal point of view, this is a “denial of adoption.” So-called refuse mothers place their child in the care of the state or

The question of why a mother can be deprived of parental rights is very difficult. Recently, there has been a tendency towards a certain “feminization” of the judicial system: very rarely children remain with their father, and mothers are rarely deprived of parental rights. Whether this is good or not is a moot point. For example, during a divorce, the court prefers to “give” the child to an irresponsible mother rather than to a wealthy and respectable father. All such decisions depend only on the judges, and therefore it will not be possible to refer to any specific law here.

Where to contact?

Having examined all the main reasons for deprivation of parental rights, it is necessary to pay attention to the very procedure of the process under consideration. Where should you go if you want to initiate the issue of depriving a particular citizen of parental rights?

If there is evidence of violent acts, you should contact law enforcement. Specialists will record the damage and conduct an inspection. If we are talking about non-payment of alimony, you will have to contact the bailiffs. Guardianship and trusteeship authorities will help bring the parent to administrative or criminal liability, and record the fact of alcoholism or drug addiction. If we are talking about a dysfunctional family, then the local prosecutor should take care of the case.

Filing a claim

It is worth talking in a little more detail about what constitutes a claim for deprivation of parental rights filed in a district court.

The application form is always written. Since neither the Family Code nor the Civil Code establishes any clear pattern, you can fill out the application in any convenient way. In this case, the following points must be present in the claim:

• full name of the court to which the plaintiff is filing the application;
• information about the plaintiff himself (who he is, date and place of birth, where he works, etc.);
• information about the defendant (about the person who needs to be deprived of parental rights);
• detailed requirements of the applicant and citing facts of violation of rights (violence, evasion of alimony, exploitation, etc.);
• list of documents attached to the claim.

The claim must be signed by a legal representative and then sent to the district court.

Legal consequences

Having dealt with the question of how to deprive a citizen of parental rights, it is worth paying attention to the consequences of the trial. The issue of the consequences of deprivation of parental rights must be considered from two positions: the child and the parent. Here's what the baby can expect:

• possible adoption only six months after the entry of a legal decision to deprive parents of their rights;
• full preservation of the right of inheritance or use of all property of the parents.

Here are the consequences that await parents:

• transfer of the child to the mother or father for the child’s further residence and upbringing; if both parents are deprived of their rights, the child is sent to the guardianship and guardianship authorities.
• a parent deprived of the right to raise a child is not deprived of the obligation to support him;
• a parent deprived of the right to raise a child may be evicted from the apartment by court decision.

Thus, the procedure for depriving parental rights in Russia is structured quite competently and thoughtfully, although it requires some legal additions.

Unfortunately, the mother is not always aware of the responsibility she has assumed for the birth of a little person and does not want to change her life and established habits in any way.

Society has always condemned and condemns grief-mothers. In some cases, such behavior deserves condemnation not only personal, but also state - antisocial mothers are deprived of parental rights.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Should a woman deprived of maternal rights pay alimony?

In accordance with the law, a mother deprived of parental rights is required to pay child support, even if she doesn't have a job. To make such a decision, there may be an initiative of both the plaintiff and court proceedings.

Which is not an easy question. The size is influenced by a number of factors:

1. health and financial situation of the child;
2. the health and financial situation of the mother, as well as the presence of disabled parents, a spouse and other children whom she is obliged to support;
3. other circumstances relevant to the case.

How to take a child away from an alcoholic mother?

Unfortunately, at the everyday level this is not as simple as it might seem at first glance. The fact is that the court does not have enough words: “she is a drunkard”, this must be proven. And it is almost impossible to prove a woman’s chronic alcoholism or drug addiction until she has been charged under an administrative or criminal offense and has undergone a medical examination.

You can, of course, bring two or more witnesses who will say that the unfortunate mother is in close friendship with the green serpent, but she will easily refute them, presenting the situation as a personal enmity.

To deprive a mother of a mother who abuses alcohol or takes drugs, official medical reports are required confirming that the defendant has chronic alcoholism or drug addiction.

The children will be given to their father or guardians

Determining the place of residence of children after the mother is deprived of her rights depends on many factors. If the plaintiff is the father of the child, then most likely the offspring will be handed over to him. But they can hand over the child if the court considers that living with the father will harm the interests of the child.

How to restore a mother's parental rights?

To restore maternal rights, you need to file an application with the court, and the servants of Themis will check how much the behavior of the punished parent has changed. If she has really taken the path of correction and living with her will not contradict the interests of the child, the court may grant the application.

The mother will not be able to restore her parental rights if:

• the child was adopted and the adoption has not been canceled by court order;
• child at the time of deprivation reached eighteen years of age.

The decision to restore the mother’s parental rights is sent to the local civil registry office at the place of registration of the child.

If you are about to embark on the difficult task of rescuing children from their own mother, it is better not to seek the truth yourself, but contact a competent lawyer.

A professional lawyer will accompany you throughout the entire case, help you prepare a claim and a package of documents, tell you what to expect during the hearing and how to react.

Moreover, you will need a lawyer if they want to deprive you of your parental rights. He will do everything to ensure that no arbitrariness is allowed towards you, and that the court does not become an instrument of revenge for the second parent who wants to assert himself at the expense of the child.

If you really deserve such punishment, a lawyer will tell you the procedure for returning parental rights, for no punishment can last forever.

It is generally accepted that for any person, a mother is the closest and dearest creature in the world. However, there are exceptions to the rules, and sometimes the consequence of a woman’s improper behavior towards her son or daughter is deprivation of parental rights. This legal action is often necessary to protect the interests of the child. But who and on what grounds can deprive a mother of parental rights?

Who makes the decision?

The rights and obligations of citizens in relation to their children are regulated by the Family Code of the Russian Federation. Based on this document, deprivation of the mother's parental rights can only be undertaken by a court.

However, this requires someone to initiate a case and perform a series of procedural steps. This can be either the second parent or state guardianship authorities. The prosecutor also has the right to initiate proceedings on deprivation of parental rights.

Avoidance of raising a child

The most common case when it is necessary to resort to such drastic actions as depriving a mother of parental rights is leaving the child in the maternity hospital. This must be done only if the woman came to the maternity hospital with documents proving her identity and was recorded on the medical birth certificate.

The guardianship authorities, called upon to protect the interests of the child, are responsible for finding the mother and finding out the reasons why she is avoiding caring for the newborn, as well as informing her about the possible deprivation of parental rights. Only after this can you prepare papers to apply to the judicial authorities.

There are cases when the mother of a child left in the maternity hospital did not present identification documents to the staff. In this situation, information about the mother is not indicated on the medical birth certificate. A deed of abandonment is drawn up. After this, there is no need to deprive the mother of parental rights to such an extent, since she did not initially enter into them.

Why is deprivation of rights necessary?

This procedure is often carried out so that the child can be transferred to a family of adoptive parents. Despite the fact that it is not mandatory and it is possible to adopt a minor through the court without it, the guardianship authorities prefer to first deprive the biological parents of their rights, and then, six months later, transfer the child to a new family. This is a longer path, but it provides the parties involved with the opportunity to overcome unexpected difficulties.

Also, the procedure for depriving parental rights is used if it is necessary to protect a teenager from the bad influence of a parent or to protect the rights of a minor that are being violated by a member of his family.

Protecting the rights of a child from a disadvantaged family

Popular wisdom says that “parents are not chosen.” Sometimes a child appears to people who, for objective reasons, are unable to give him the necessary care and participation. In this case, the baby is registered with the guardianship authorities, and, if necessary, can be taken away from the family. There is no doubt that before depriving a mother of parental rights, it is necessary to make sure that all other measures of influence have not helped to correct the situation. Such cases, as a rule, are caused by the parent’s alcoholism, drug addiction, or the presence of a disease that is incompatible with the performance of responsibilities for caring for a minor. The functions of a guardian can be transferred to other relatives who are capable of caring for the child and have such a desire.

If, in response to numerous warnings from the guardianship authorities, the parent changes his behavior, takes measures to improve the teenager’s living conditions, or enrolls in a rehabilitation or treatment program, then there is no need to deprive parental rights - once normal living conditions are achieved, the child returns to the family. However, authorized authorities continue to monitor the situation and may intervene again if necessary.

Divorce of parents

The separation of spouses with children, in most cases, does not imply deprivation of one of them parental rights and cannot be the only reason for this. The responsibility of the parent who has custody of the child after the divorce is filed is to ensure his interests, including the opportunity to communicate with his father or mother.

If this kind of interaction causes harm to a minor, then it is necessary to limit communication and contact the department of guardianship and trusteeship. It may be necessary to deprive parental rights, the grounds for which will need to be documented. Let's try to list the main ones.

Grounds for deprivation of parental rights

The presence of facts of physical, mental or sexual violence, if they are properly proven, are not only sufficient grounds for deprivation of rights, but also a reason for initiating a criminal case under the relevant article.

Also, the basis may be abuse by the father or mother of the parental rights given to them. It may consist in inducing a teenager to illegal actions, involving him in begging. It is also unacceptable for minors to use alcohol, tobacco or drugs. Creating obstacles to a child’s education and limiting his access to education can be regarded as an abuse of parental rights.

If one of the parents lives separately and is negligent in the performance of parental responsibilities: does not participate in the life of the minor, does not care about his health, does not provide for him financially (evades paying child support), such behavior may become sufficient grounds for deprivation of parental rights.

Criminal situations

Such a measure as depriving a parent of parental rights is immediately resorted to if a crime has been committed against the life or health of a child that is intentional. If such a fact occurred and there is evidence of this, the court’s decision will be obvious.

The same applies to a situation where one spouse made an attempt on the life or health of the other. In this case, the court will have no other option than to deprive the parental rights of the perpetrator of the incident.

However, the following situation should be taken into account: just the fact that one of the spouses is in prison is not enough to claim that he is evading the responsibilities of raising and caring for a child. For example, a woman serving a prison sentence is already temporarily limited in her rights, including communication with her offspring, and is often unable to contribute to the costs of his maintenance if the colony leadership refuses to provide her with employment. In this situation, the judge most likely will not resort to such a sanction as depriving the mother of parental rights.

Alimony

It should be separately noted that after the court has deprived the father or mother of parental rights, this does not relieve them of the obligation to pay prescribed alimony. Financial support should be provided to the parent with whom the child lives.

At the same time, paying alimony does not give the father or mother the right to communicate with their child or to interfere in his life. At first glance, this situation may seem strange and unfair: a person is deprived of parental rights, but is required to pay child support. But some right is still acquired in this way - the right for a child to take care of his parent when he becomes disabled and needs outside help. Indeed, the duty of children to care for their elderly parents is not only a tradition or their moral duty, but is also prescribed by the Family Code and can be the subject of legal proceedings.

Relinquishment of parental rights

When a minor, after the divorce of his parents, remains with his father who enters into a new marriage, a waiver of parental rights can be issued. In the event of an amicable agreement, you will not have to think about how to deprive the mother of parental rights. It will be enough to issue consent for the adoption of children by the new wife of their biological father. Please note that after this the mother is completely relieved of her obligation to pay child support.

Restoration of parental rights

Life circumstances change, a decline may be followed by a new rise, and an understanding of some important things can come to a person with age. For a father or mother who has been deprived of parental rights, their restoration can become an incentive to improve their lives and take care of the child. The law allows for restoration of parental rights until the teenager becomes an adult. Only the court, to which the negligent parent must appeal, can make the decision necessary for this. No one else can apply for the restoration of parental rights - the prosecutor and guardianship authorities are powerless in this regard.

If parental rights have been deprived, the grounds for restoration thereof must also be presented and duly certified. They could be:

• change in parent's behavior;
• changing his lifestyle;
• changing attitudes towards raising a child.

The responsibility for documenting the application also falls entirely on the plaintiff. In addition to the required documents in this case, such as a certificate of family composition and an extract from the house register, you should provide a salary certificate and a reference from your place of work, a medical certificate if you have undergone a course of treatment, and other evidence of positive changes that have occurred in your life.

It is important to note that a claim for restoration of parental rights is filed against the person who petitioned for their deprivation. This may be the second parent, the guardianship and trusteeship authority, or the child care institution where the child is currently located.

The opinion of the minor himself, if he has reached the age of 10 years, is also taken into account when considering the case. If a child objects to the restoration of a parent’s rights, then the court will side with him, regardless of how reasonable and justified the teenager’s point of view is.

When the parent's rights are restored, he will be able to communicate with the minor. In order to live together with him, it is necessary to declare a demand for the return of the child during the trial. In the event that the difficulties associated with changing the teenager’s usual lifestyle turn out to be less significant than the opportunity to live with a parent, and also if an examination of the applicant’s living conditions showed the existence of such a possibility, the petition will be granted.

Law enforcement practice

Today, not every lawyer will undertake to help with the question of how to deprive a wife of parental rights. Firstly, guardianship authorities often oppose such a decision. Even in the case of leaving a newborn in a medical institution, the authorities are determined to enter into the woman’s position and identify her valid reasons. What can we say about cases where the mother has not disappeared and declares her readiness to raise a teenager... The decision of the guardianship authorities to act in defense of the interests of the mother will make going to court pointless.

And even if the application is supported by the above-mentioned authority, such a decision as to deprive the mother of parental rights is made by judges extremely carefully and not often. The spouse who intends to achieve this must be patient from the very beginning. Any manifestation of behavior that is incompatible with the responsibilities of the mother must be recorded and documented in as much detail as possible. All witnesses in this case are able to provide significant support by giving their testimony in court. The opinion of professionals - doctors, law enforcement officers, representatives of public utilities, kindergarten teachers, school teachers and representatives of the administration of educational institutions, personnel department employees from the place of work - has even greater authority. Their opinion must be formalized in the form of characteristics or testimony. In such a case, you will definitely need qualified legal assistance. It is advisable that the consulting human rights defender have positive experience in such cases.

Conclusion

The Family Code protects the rights of a child, regardless of what family he was born into - prosperous or not. With self-control and unwavering will, you can ensure that a negligent parent is deprived of his rights, regardless of whether it is a father or a mother. But, when carrying out the necessary procedural actions, it is always necessary to remember how great the responsibility of parents for their children is, and to act in the interests of the minor.