I am 16 years old, I want to abandon my parents because they do not support me, they always scold me, how to do this and how to continue to live after this? | Vyatskiye Polyany

Right to abandon a child

Only parents can exercise the right to abandon a child. Due to various reasons and circumstances, people are forced to make such decisions. There is a special statement that explains how to relinquish parental rights. To avoid paperwork, single mothers often simply leave the child in the hospital and leave. Under such circumstances, it will be difficult for the baby to find new parents. Writing an application will simplify the registration of the baby in the home or will give the father or relatives the opportunity to take the baby into their care. Family law provides that the written document does not come into force immediately; the mother is given time to think about the decision. (Articles 69-71 of the RF IC) Often, parents abandon their children for the following reasons:

• fetal underdevelopment;
• postpartum stress led to mental disorders;
• minor parents;
• the father and mother do not own the funds to support the heir.

Is it possible to abandon a parent if I am 20 years old?

• Firstly, both parents can voluntarily enter into an agreement on the payment of child support, in which they determine the amount and frequency of such payments. In the document, at the request of the parties, you can specify fixed amounts, or indicate percentages of the income and wages of the parents.

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If the notarial form of such an agreement is observed, it becomes binding throughout the country.

• Secondly, such alimony can be assigned in court, and the judge, based on the case materials, sets the amount of payments for an adult child exclusively in hard monetary terms.

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Is it possible to abandon a child without consequences?
Drawing up a refusal form does not mean that parents are no longer obligated to participate in the baby’s life. Although there is no such law, the application can be certified by a notary. If the mother wrote this kind of document, then the state will give her time to think. If the decision does not change within 6 months, she will lose parental rights, without the possibility of appeal. If a woman in labor changes her mind after the mother has written the refusal of the child and wants to return the baby, stressful proceedings cannot be avoided, but the baby will most likely be returned. The consequences of abandoning a child are irreversible after 300 days from the date of writing the application. After the expiration of the period of 1 year, the mother who does not want to register an heir in her name is deprived of parental rights. At this time, the baby is taken in by the father or other close relatives of the parents. The father can take custody of the child without going to court. Resolving guardianship by a relative will require time and a decision from the guardianship and trusteeship department, agreed upon with a court opinion. The mother's refusal of the child is written before the heir is registered at the registry office. If the father wants to raise the child on his own, then the parent registers the child as his own. The consequences of a declaration of renunciation of paternity are irreversible. In controversial situations, seek legal advice that will protect the innocent.

How to renounce parental rights if a young family has nowhere to live

In such circumstances, the guardianship authorities are forced to fill out the form before finding living conditions suitable for the life of the newborn. The mother feeds the baby, spends time and walks with the stroller, but on the territory of the Baby House. If the decision to refuse was made with a cool head, it is proposed to act nobly towards the child and give another chance to acquire a new family. To do this, follow these steps:

• a birth certificate is issued for the baby;
• contacting a lawyer to formalize the refusal;
• it is necessary to leave the child in the maternity hospital;
• assistance to guardianship authorities. Government services will not force you to take the baby back; these formalities are necessary for future parents.

Otherwise, the baby will not have a chance to find a normal family, thereby dooming the child to lifelong orphanhood. If, after registration, the parents change their minds about taking the child, then they need to submit an application to the court for voluntary refusal and notify the registry office of the current situation. Until the child reaches adulthood, the parents who abandoned him are required to pay monthly funds assigned by the court. From now on, the rights of the baby are protected by government services. The prosecutor and representatives of the PLO will monitor the fulfillment of child support obligations until the 18th birthday.

Transfer of paternity

It is not possible to transfer your paternity rights to someone else, even if all parties involved agree that this is the best course of action. Termination of paternity through the adoption of a child by another civilian is possible only under certain circumstances:

1. Consideration of the case in court with a simultaneous decision on adoption.
2. The presence of a notarized consent that the man renounces paternity of his own free will.
3. Cohabitation, legal marriage between the child’s mother and the candidate for adoptive parents.

In fact, with the termination of paternity with the transfer of rights to the adoptive parent, the right arises not to pay alimony, and to be freed from financial obligations to support the minor, because in the future, these functions must be performed by the new “father”.

When a teenager reaches 10 years of age, the court will necessarily take into account the opinion of the minor when making a decision.

Is it possible to refuse after adoption?

Relationships do not always develop between an adopted child and his new “father.” According to Art. 140 of the RF IC, in such situations it is possible to cancel adoption and terminate parenthood.

The legal process in case of cancellation of adoption takes place with the involvement of employees of supervisory authorities (prosecutors, guardianship department). According to Art. 141 of the Family Code, in order to cancel an adoption, you will need to present documentary evidence in court:

• refusal of obligations imposed by law on the adoptive parent;
• abuse in the family;
• various forms of addiction (alcohol, drugs, etc.);
• inability of the adoptive parent and adopted child to interact with each other, lack of contact;
• personal will of the child.

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Court hearings consider the issue similarly to cases of deprivation of the rights of a natural father. It is allowed to include witnesses in the proceedings in the form of neighbors, colleagues, teachers, and other eyewitnesses to the facts of improper behavior of the adoptive parent and the absence of positive relationships.

How to write a father an application for voluntary abandonment of a child

According to statistics, guardianship authorities more often receive a father’s refusal of a child. The child remains in the care of a single mother. If a woman cannot alone financially or physically provide the baby with what she needs, then she will have to write a letter of refusal to the mother of the child. Before writing an application for voluntary relinquishment of the father’s parental rights, the father explains why the application for abandonment of the child was written:

• dad is sick with alcohol or drug addiction;
• due to poor treatment of the baby;
• there is no other option but to leave the child in the maternity hospital;
• due to evasion of alimony.

Even if the parents do not live together, the father is still responsible before the law and must fulfill his responsibilities. The father's abandonment of the child is appropriate if, through DNA analysis, the fact of the man's non-involvement is proven. The law does not know how to renounce parental rights to a father without child support. Even if the true father abandoned the heir, the mother’s new husband takes over guardianship, the biological parent must still make child support payments. Only now without the right to see the baby. Voluntary and forced refusal decisions have the same consequences:

• parents do not have the right to raise an heir;
• It is prohibited to declare to other authorities that this is your child;
• new guardians should not be disturbed;
• those who wrote a refusal have no rights to property after his death;
• state benefits for a young family or single mother are cancelled;
• In case of illness, the child is not obliged to take care of the parents.

How to abandon a parent

If a father is forcibly deprived of his rights to a child, he must not transfer paternity to another citizen.
The law retains his obligation to pay alimony, and the child’s right to inheritance. After the court makes a decision on deprivation of parental authority, changes are entered into the birth certificate. A state fee of 200 rubles is paid for changing an entry in the documents. The mother can write a refusal of her offspring in the maternity hospital and transfer it through the guardianship and trusteeship authority to the Baby House. Within six months after the voluntary refusal, the mother can cancel it and take the child for herself. After 6 months, through the court, the mother is deprived of parental authority, and the offspring is put up for adoption.

Consequences of an application for renunciation of paternity

After the court accepts the waiver of parental rights, the father and mother undertake to pay child support until he has a new family. Or he won't become an adult. After adoption, the child support process stops. If the baby is not adopted, then the Children's Home will receive payments until his 18th birthday. This public service is obliged to clothe, feed, teach and raise the child. All parental rights and responsibilities are transferred to them. In this case, the minimum period for alimony payments is 6 months. The longest is 18 years. The application for abandonment of the child is not approved for six months. This time is allocated to change the decision. The court decides whether this choice was caused by the factor of reluctance to have children, or the lack of funds forces one to make such a decision. If a woman has written a refusal, and a man wants to leave an heir, then the father has all the rights to unhindered adoption. Until the biological father writes a refusal, no one has the right to adopt the child. After 6 months, if the man has not taken action to take the baby with him, he is automatically deprived of his rights. After abandoning the child, the father's name is deleted from the certificate. Thanks to the help of lawyers, adoption becomes legally possible. Can new parents abandon their adopted child? Through a statement of claim to the court for refusal. If the mother and father decide to renounce, then the statement is written by hand independently or drawn up by a lawyer.

Refusal to pay alimony

Any child should be raised with his interests respected. This means that he should not lack for anything and his rights should be respected.

The child has the right to communicate with both parents and to receive financial assistance from them.

After all, all this is necessary for normal and healthy development. Russian legislation puts the interests of children at the forefront.

One of the conditions for satisfying all needs is the procedure for collecting alimony. Moreover, you need to remember that alimony must be paid even if the spouses are not officially married.

Sometimes it happens that a child remains behind after the parents separate from their mother. Acting on emotions, the woman decides that she does not need any help from the child's father.

In such a situation, the mother may decide that she does not need to receive child support.

Or another situation may happen, for example:

• The child moves to live with another parent after reaching a certain age.
• In court, it is established that the child's father is not the person listed on the birth certificate.
• One of the parents (most often the father) is deprived of parental rights.

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It is important to always remember that you cannot voluntarily refuse to receive alimony.

Indeed, in such a situation, children’s rights may be significantly violated. If guardianship authorities or other regulatory authorities find out about such a case, serious problems may arise. You just need to understand that in each of these cases you will have to prove your reasons for refusal.

If the case comes to court, you will need to explain that your financial situation allows you to perfectly raise a child without the help of a second spouse.

You will also need to make sure that each party is ready for such a refusal. It may also happen that your husband will not accept your decision. Everything is simple here. This is the best moment when you can refuse them, or not make such demands.

However, remember that this issue will definitely arise in court.

You should prepare in advance certificates, documents and witness statements that will confirm your financial situation.

Most often they ask for a certificate from their place of work. If the matter does not go to court, you can resolve this issue peacefully by drawing up an agreement with a notary. Just remember that here you will also need to show documents about your sources of income.

After the decision is made, you need to obtain a writ of execution. With this document you will have to contact the bailiff to open enforcement proceedings.

You can come to the bailiff for an appointment and try to agree to stop the proceedings. To do this, prepare: When one of the spouses does not want to refuse to help their child financially, it will be extremely difficult to force him to do this.

In any case, this can only be done through the court, and in very rare cases.

These include:

• Serious illness or disability of the second spouse.
• Deprivation of parental rights.
• The financial situation of the spouse who pays alimony is extremely difficult.
• Receiving a large amount at once or receiving expensive real estate, for example, an apartment.

Remember, even if the court issues a refusal, this does not limit the other parent’s other rights. He will also be able to communicate with the child and spend time with him.

Marina Good afternoon. She divorced her husband 3 years ago and has a son from the marriage.

She filed a claim in court. to receive alimony. The ex-husband pays practically nothing and constantly changes his place of residence and work.

Now I’ve decided that I want to refuse to receive anything from him, I want to forbid him to see his son and, preferably, even deprive him of parental rights. Is it possible to do this? Stanislav Aleksandrovich You cannot refuse child support on your own. This money should go to his development and education, it is not yours.

You also cannot prohibit communication with your son; to do this, you need to go to court to establish the order of communication. To deprive parental rights, you also need to go to court. In your statement of claim, indicate the reasons why you want to do this.

In your case, this is the father's reluctance to pay child support. Perhaps the court will decide to deprive of rights. Olga My husband and I divorced 2 years ago.

Since then, he has not paid alimony even once, although the court ordered him to do so. We have a son from our marriage, he is now 16 years old.

She and her father communicate, go fishing, and go hiking.

He seems to give him some money personally, but there is no documentary evidence of this. I'm afraid that when my son turns 18, the father may also file for child support. Is there anything I can do now to stop paying alimony?

This is necessary so that later the son does not pay his father after 18 years. Stanislav Aleksandrovich Children who are already 18 years old must help disabled parents. In court it will be necessary to prove that there was no help from the father during all this time.

In your situation, it will be difficult to prove this. Especially if the child confirms that his father gave him money.

Irina I divorced my husband 3 years ago and filed for alimony for my son. My husband paid regularly and without interruption. Now my relationship with my husband has improved, and we began to live together.

Can I revoke the writ of execution from the bailiffs?

Stanislav Aleksandrovich Alimony goes towards raising the child.

Moreover, to apply for alimony you can even be married, this money goes to the child.

In your situation, you cannot just pick up documents from the bailiffs. You can only go to court and refuse alimony, but the court may not meet you halfway; it protects the interests of your son. Oleg My wife and I lived together for 5 years.

We didn’t have our own children, and we adopted a girl from an orphanage. Now my wife and I are divorcing, can she apply for alimony? Is there any way I can refuse them?

Stanislav Alexandrovich If you are registered as a father, you bear all the responsibilities as a biological father. Your spouse can file for alimony, and you will be required to pay it.

Evgenia I filed for child support.

The writ of execution was handed over to the accounting department of the company where the husband works. Now I want to refuse alimony completely and take the sheet.

How can this be done? Stanislav Alexandrovich You can refuse alimony only through the court. Remember, child support is paid not to you, but to your child. The court in this situation protects his rights and interests.

You will not be able to withdraw documents from the accounting department on your own.

You can try to contact the bailiffs, but they are also unlikely to meet you halfway; their job is to carry out the court decision. Anna I recently filed an application in court to recognize paternity of one man, they said I need to do a DNA test. This man agreed to admit that he was the father.

I also indicated in the application that I want to receive alimony.

My father asks me to refuse; he is ready to pay voluntarily.

He really doesn’t want there to be a court, a writ of execution and bailiffs. Is there any way to refuse a statement in court?

Stanislav Aleksandrovich Yes, you can withdraw your statement of claim in court.

We recommend that you enter into an agreement with your husband and have it certified by a notary.

You can also enter into a settlement agreement in court itself. In this case, you will not need to obtain a writ of execution and contact the bailiffs.

Remember also that if the father suddenly stops paying, you can go to court again.

Application for voluntary relinquishment of parental rights by father

An application for abandonment of a child is written with an appeal to the court, the registry office and the OOP. Therefore, you should clearly write the names of organizations in the header. After this, personal information is collected:

• passport details, full name, mother’s residential address;
• an explanation is written that the decision was deliberate;
• the newborn's details are indicated: date of birth, full name;
• expressing consent to the further adoption of the baby by other people;
• confirmation of understanding that the newborn will have other guardians, and the biological parents will not see him again;
• explain that the decision was made in cold blood and you are in a state of health and calm
• court cases are also considered without the participation of parents. Therefore, to fill out the form without errors, enlist the help of an online lawyer;
• In words, write down the city, date, signature.

An example of how to write a father an application for voluntary abandonment of a child can be found on the Internet. Or ask an online lawyer.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge Ask a question to a lawyer

Prerequisites for removing yourself from the baby

The circumstances that provoked the desire to abandon a child can be very diverse. They are indicated in Art. RF IC. The most common ones are:

• divorce;
• physical impact on the child;
• the father or mother poses a threat to the life of the baby, exerting psychological pressure;
• money is not paid by one of the parents;
• making a decision to leave the offspring in the clinic;
• whether the parent has an addiction (alcohol, nicotine, drugs).

The prerequisites for each parent are slightly different.

Mothers

A woman who has expressed a desire to leave her baby in the maternity hospital, in addition to writing a refusal addressed to the manager, must go through a legal process, which lasts for 6 months.
During this period, a decision will be made regarding her and the child. In the document, the mother must indicate that she does not want to take the child and agrees to his adoption by a third party. Next, the question of the future location of the child is considered: transferring him to the state or to another family.

If a married woman refuses, then the father’s confirmation is needed.

Note! If there is a desire to take in a son or daughter, he must submit an application to the court.

Father

Common reasons for a man's refusal are:

• uncertainty about your relationship - a special DNA analysis is carried out. If the examination is confirmed, his application will be denied;
• if the new husband of the child’s mother wants to register the baby in his name;
• desire to get rid of financial obligations.

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However, deprivation of parental rights does not exempt citizens from mandatory cash payments.

By both parents

Practice shows that both parents most often formalize the refusal immediately after birth while still in a medical institution. This is due to:

• severe form of the disease found in the baby;
• unplanned pregnancy at an early age.

The financial situation, which does not make it possible to support a newborn, also acts as an important argument in this situation.

Registration procedure

To remove yourself from parental authority, you need to do the following:

• draw up a statement indicating the desire to withdraw from participation in his life;
• create a package of documents;
• issue an official refusal;
• pay contributions to the state budget;
• undergo court hearings to make a decision to deprive parental authority;
• obtain copies of verdicts;
• contact the registry office to establish new marks in the documents.

Both citizens and legal entities have the right to submit a written appeal. They may be:

• child protection;
• any citizens who are related to the child;
• a person representing the interests of the child.

If after childbirth the mother leaves the baby, and the entry in the registry office documents has not yet been made, then only a written request is sufficient.

Place of appeal

It is not only judicial organizations that deal with child abandonment in Russia. Their main task is to protect the interests of the little citizen and ensure that parents properly fulfill their obligations to him. Such bodies include:

• notary offices;
• institutions involved in guardianship and trusteeship.

The issue is considered only if there is a request from the father or mother.

Court

All issues related to child abandonment are dealt with by district and regional courts. A written appeal is sent to these authorities at the location of the offspring and the second parent. If his stay is unknown, then the claim is allowed to be filed at the applicant’s registered address.

Guardianship and trusteeship authorities

Such organizations act as consultants in the ongoing case of depriving citizens of their rights to a child.
Their father or mother is obliged to inform them about the upcoming event. And they, in turn, carefully analyze situations and make every effort to protect the rights of the child.

Advice! Guardianship authorities provide qualified advice on how to carry out actions without harming the baby.

In the future, these bodies are entrusted with the following responsibilities:

• speed up the adoption procedure;
• provide social benefits for new parents.

Representatives of these organizations are required to attend all court hearings.

Notary

There is no need for close cooperation with this government representative. It is necessary only for legal registration of papers in accordance with legal norms.

Drawing up an application

An employee of the guardianship and trusteeship authorities will be able to provide consultation on how to correctly fill out the documentation. It should display:

• data of spouses and baby;
• the place where paper is sent.

At the end you need to sign the notary.

Form

A sample application for child abandonment is below.

Example of an application for abandonment of a child

Required documents

The list of papers that will be needed during the entire procedure is as follows:

• written request from authorized persons;
• information about the conclusion and termination of registered relationships;
• government-issued documents confirming the identity and citizenship of all participants in the process;
• a written request from the biological father to remove him from his rights;
• information on alimony payments;
• court decision on deliberate evasion of mandatory monetary contributions;
• testimony of employees of a children's educational institution;
• a certificate from the place of residence and a certificate of the child’s living conditions;
• testimony of witnesses, neighbors, colleagues of the applicant and the defendant.

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If necessary, additional documents may be requested.

Consideration of the case

The court is the main and important state authority where all arguments will be analyzed and weighed to remove the rights of citizens in relation to their child.
Meetings are held taking into account all current regulatory rules and regulations.

Important! The basis for starting the process is submitting an application.

Jurisdiction

Art. The Family Code of the Russian Federation regulates the provision of a written appeal at the place of residence of the second parent.

And in Art. The Investigative Committee of the Russian Federation made orders, taking into account the case when the whereabouts of the defendant cannot be found out.

Article 28 of the Family Code of the Russian Federation “Persons who have the right to demand that a marriage be declared invalid”

Article 29 of the Family Code of the Russian Federation “Circumstances eliminating the invalidity of a marriageCircumstances eliminating the invalidity of a marriage”

Lawsuit

This document must contain the following information:

• plaintiff's personal information;
• making arguments;
• name of the institution to which the appeal is sent;
• confirmation of consent.

At the end the date is affixed and certified by signature.