Where to go to deprive a mother of parental rights?

How to draw up and submit a statement of claim to the court for deprivation of parental rights? This question is asked not only by parents whose ex-spouses do not take any part in the child’s life. But also other close, and sometimes not so close, people who care for the child. The basis for deprivation of rights is not only non-payment of alimony. But also a reluctance to see and communicate with the child, to take care of their children. Often such parents later, in old age, want to receive alimony from their children. In order to save the child from possible problems in the future, you need to draw up and submit a statement of claim to the court for deprivation of the parental rights of the negligent parent.

Why can rights to a child be alienated?

Many believe that the grounds for deprivation of parental rights are only severe forms of addiction to various types of psychoactive substances. This opinion is wrong. The reason may be a lack of interest in his life, physical and psychological violence, refusal to pay alimony. By the way, a parent can lose his status even if he pays the required amount, without being interested in the fate of the child (however, the court will make a decision on this matter based on the totality of all the circumstances of the case). The following may also serve as grounds for deprivation of rights to a child:

- sexual abuse of a child;

- the parent cannot provide the conditions necessary for his son or daughter;

- refusal to pick up a child from a hospital, school, kindergarten (of course, if there were no compelling reasons);

- committing a criminal act against a spouse or child. The act must have intent.

Often the reason to file a claim for deprivation of parental rights is abuse of one's rights. This includes behavior that could potentially lead to negative consequences for the child. A claim can be filed if a parent does not allow the child to travel abroad without explaining his decision, refuses medical care (for example, for religious reasons), and even prevents the second parent, whose rights in relation to the son or daughter are preserved in the meeting, from meeting with the son or daughter of the second parent. in full.

The grounds for alienating the rights of parents must be sufficiently weighty. A situation often arises when, after a divorce, a mother tries to deprive her ex-husband of his rights to communicate with the child, even if he regularly pays the required allowance and strives to participate in raising the child. In this case, there are no grounds for alienation of paternal rights: we are talking about resentment or revenge. Therefore, if you do not know how to file for deprivation of the parental rights of a father who does not ignore his responsibilities towards his son or daughter, give up such intentions.

There is no need to apply for deprivation of parental rights on the basis of fictitious facts: firstly, this is punishable by law, and secondly, the court will take a lot of effort and time from all participants, including it can affect the psychological state of the child. Therefore, before submitting an application, you should think carefully about this step and consult with lawyers.

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Who can prepare and submit documentation to the courts?

Not every citizen can submit a statement of claim to the court for deprivation of parental rights - domestic legislation, in particular the RF IC, clearly regulates the list of persons who have access to this opportunity. The list of represented persons includes the following citizens:

• Any of the child's parents. For example, a mother has the right to write a statement of claim to deprive the father of parental rights. However, this is only relevant for natural parents - if there was an adoption, you will need to file a claim to cancel the adoption;
• A citizen whose child is under guardianship or trusteeship has the right to initiate proceedings regarding the mother and father;
• Employees of medical, educational or sports institutions, if there are signs of non-compliance with duties on the part of the mother and father;
• A police or prosecutor's office employee who works directly with minor children. Initiation of proceedings is possible if there are signs of abuse or violations.

If you observe cruelty, failure to comply with duties on the part of relatives, violations of the law, but do not have the right to personally draw up and submit a procedural document to the court, you can initiate a case through the prosecutor’s office or the police. Pass the information to the appropriate department and state the situation.

Consequences of deprivation of parental rights

If the father or mother has lost their rights in relation to the child, then they:

- are deprived of the right to raise a child, receive information about his progress at school and the procedure for providing medical care in case of illness;

- cannot allow or prohibit a minor from traveling abroad;

- lose inheritance rights in relation to their son or daughter (while the child retains his inheritance rights).

If a parent no longer has rights to a child, he is still obliged to support him financially, that is, pay monthly money for his maintenance. It is important that grandparents on the part of the parent whose rights were alienated do not lose their rights to the child: they can meet the child and take part in the process of raising him. However, in some cases the exercise of these rights must be considered separately.

Six months after the decision is made, the minor can be adopted.

procedure for deprivation of parental rights and filing a claim

The initial stage of the procedure for alienation of rights to a child is filing an application. The following have the right to submit such an application:

- mother or father;

- an employee of the prosecutor's office who established that the rights of the child are systematically violated;

— guardianship and trusteeship authorities. This usually happens in situations where it is necessary to deprive the child’s only parent of rights;

- employee of a child care or medical institution.

The claim must provide the reasons why the parent must be deprived of his rights. This could be neglect of the child’s interests, failure to fulfill duties, violence, etc.

At the same time, it is not possible to deprive a parent of his rights if he could not fulfill his responsibilities due to reasons beyond his control, for example, due to health conditions.

Naturally, all the reasons given in the claim must be proven to the court. The court may consider witness testimony, photographs and videos, a certificate from a dispensary proving that the parent is registered with a narcologist, a court verdict establishing the parent’s guilt in assault and even murder, etc.

In addition to the available evidence, it is necessary to attach to the claim certificates proving the amount of income of the second parent: he is obliged to prove that he has the means to provide the child with the necessary standard of living.

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A claim for deprivation of parental rights is filed in person in the district court or through a representative. If necessary, the claim may be sent by mail.

After filing a claim, guardianship officials are required to visit your home and also conduct a conversation with the child.

During the visit, you should try to ensure that all your relatives are at home, especially if they are ready to confirm that you have grounds to file a claim.

Package of documents for deprivation of parental rights

So, you have made a responsible decision to take on the deprivation of parental rights. Where to start? First of all, write a claim according to the sample, which can be obtained from the court or the prosecutor's office. The following documents must be attached to the statement of claim submitted to the court:

- birth certificate of a son or daughter;

- certificate of paternity. This document is only needed if your child was born when you were not married;

- documents indicating that the second parent has living space and the level of income required to support the child;

- a certificate stating that the second parent is evading payment of child support. You can obtain such a certificate from the Bailiff Service;

- a certificate from the educational institution where the child is receiving education, containing information about the clubs and additional classes that he attends. You can also ask teachers to write characteristics for the parents, noting which of them takes part in the child’s life and which refuses to do so;

- receipt of payment of state duty. The amount of the state duty, which is paid when filing a claim (is 200 rubles).

— Certificate in form 2NDFL, as well as all documents that confirm your income (for example, a certificate from a pension fund).

— All documents that prove your claims. These can be certificates from medical institutions, photographs, videos, etc.

You should prepare as thoroughly as possible before filing a claim. This is especially true for those cases when you do not want the court to meet the other parent halfway and refuse to deprive him of parental rights: collect as many documents as possible confirming the need to deprive the rights to the child, and witnesses who will confirm that your demands are justified and should be completed.

If you have already had experience going to court for a similar claim, please attach a copy of the decision to the claim you submit.

What is required to be written in the body of the claim?

The procedure for drawing up and submitting an application is quite complicated, because it is not always clear how to behave in the presented situation. It is worth remembering that the interests of the child should be at the forefront. Therefore, it is necessary to initiate something like this only when it is absolutely impossible to do without it. The body of the statement of claim states:

• Data regarding the site, the authority to which the package of papers is transferred;
• Information about all participants, their full names, contact details;
• Information regarding the family situation. Describe why it is necessary to initiate such a family procedure, what the defendant did;
• Information about how the child feels about the presented procedural procedure. This is important because if the teenager is over ten years old, he will need to speak at the hearing and express his legal opinion;
• List of documentation that is attached to the statement of claim for deprivation of parental rights;
• Signature, date of compilation.

If you find it difficult to file a claim on your own, use the help of professional human rights defenders. Specialists of the SIE enterprise will come to the rescue in drawing up any documentation, as well as collecting additional papers. Provide complete information on your problem and get legal advice.

Procedure for deprivation of parental rights

The procedure for depriving parental rights is as follows. First of all, the claim with all the documents attached to it is sent to the court of first instance at the place of residence of the defendant. After this, a commission from the guardianship authorities is sent to the plaintiff. You can deliver the summons yourself: you should ask the judge for it.

Based on the results of the inspection of the plaintiff’s living conditions, a report is drawn up and attached to the case.

At the trial stage, a decision is made about the fate of the child. During the trial, it is recommended to behave with restraint and correctness, even if the decision made for one reason or another does not suit you. Your overly emotional behavior can affect what decision is made. For example, if the defendant's witness is lying, you should not argue with him, but present evidence of your own innocence.

The plaintiff has the right to address the judge on all issues, for example, to ask to call a witness or to postpone the hearing.

In cases of alienation of the rights of one of the parents, several meetings are usually held: you should prepare for the fact that the struggle will be protracted.

A child who has reached the age of ten can participate in the meeting. In this case, a psychologist or social teacher must be present in the room. The court will not ask the child whether he wishes his father or mother to be deprived of his rights. Questions will be asked about how often the child sees the parent, what feelings he has towards him, etc.

The decision made during the trial will come into force one month after the verdict. You will receive written notice of this fact. You will then have one month to appeal the decision.

Is it possible to restore alienated rights?

The laws of the Russian Federation provide for the possibility of restoring alienated rights to a child. This can be realized only under one condition: if the legal reasons for deprivation of parental rights that forced the judge to make a certain decision have disappeared.

To restore rights, the parent must file a claim in court. At the same time, he must also attach documents that confirm that he takes part in the life of his son or daughter. Got rid of addiction to psychoactive substances, etc. The claim may be accompanied by a reference from the service and documents that indicate a sufficient level of income to financially support or support the child.

It is absolutely impossible to regain lost parental rights only if the child has been officially adopted. In other cases, there is still hope.

Now you know what documents are needed to deprive parental rights, and how this complex legal procedure is carried out. Remember: if your reasons are strong enough, the court will certainly take them into account. Be calm and believe in your own rightness, and you will certainly be able to achieve success.

For consultations, you need to contact our Specialists.

The cost of a statement of claim for deprivation of parental rights, as well as related services at MIP

The cost of drawing up a statement of claim for deprivation of parental rights, and other services at the initial stage

The cost of working on a claim for deprivation of parental rights in court