Deprivation of father’s parental rights: grounds and procedure
If the father harms the child or does not participate in his life, then this is grounds for depriving him of his rights with regard to the children. This process is a legal procedure, carried out for various reasons, prescribed in Art. 69 SC. The process is carried out in relation to people with the official status of parents. Usually deprivation of parental rights of the father. The reasons for this can be varied, all of which must be proved by official means by a mother or guardian.
If there are several children in the family, the deprivation must be carried out in relation to each of the babies, therefore a one-time process is not allowed for several children.
Before the actual procedure, two points are taken into account:
- whether a variety of ways were used to help correct the behavior of the parent towards the child in terms of communication and content;
- whether special explanatory conversations were held with the father by the employees of the guardianship bodies, in which he was explained the possibility of deprivation of the rights to the baby.
If, after performing these procedures, the situation has not changed in any way, and there is evidence of the parent’s guilt towards the child, a lawsuit is filed in court, on the basis of which the father’s parental rights are being deprived. The reasons for this may be different, and the procedure can be realized not only in relation to the father, but also to the mother. If both parents are deprived of their rights by the court, the guardianship authorities can take the child from them, after which he remains in custody of the state.
Deprivation of parental rights of a father: grounds, judicial practice and nuances of the process
Fathers are most often deprived of their rights, for which there are various reasons. They are usually associated with the absence of any care or material content.
Also, often the cause is a cruel relationship with the child. Each basis for the deprivation of parental rights of the father of the child is carefully considered in court, as the judge must be confident in the legality of the implementation of this procedure.
Not performing father duties
In the grounds for the deprivation of the father’s parental rights, the Family Code includes such a reason as lack of care. In this case, the parent does not fulfill the main duties in relation to the baby, so they do not spend money on:
- child nutrition;
- buying him clothes;
- medical care or the purchase of medicines.
This also includes situations in which the father involves the minor in actions that negatively affect his psyche and health. This includes alcohol attraction, demonstrative immoral behavior in society, lack of respect for veterans, the elderly or other children, mockery of people or other actions that lead to a child’s bad behavior.
Such behavior of the father causes the minors to start:
- use alcohol or drugs;
- humiliate the weak, and not only other children, but also animals;
- offend adults or retirees;
- engage in hooliganism or even criminal activity.
If there is evidence of such actions by the parent, he can easily lose his rights to the child through the courts.
In practice, the basis for depriving the father of the parental rights, represented by the lack of alimony, is applied only in case of malicious evasion of these duties. Malicious, it is recognized if there are no funds transfer for a long time, which can be proved by the mother or other official guardian with whom the child lives.
Often such evasion is recognized as a criminal offense under art. 157 of the Criminal Code. In addition to direct evasion, it can be proved that the father specifically uses various tricks and methods on the basis of which obstacles are created for the child to receive money. For example, he can work without formal employment.
Father’s refusal to take a child from a hospital or other similar institution
If the mother is unable to pick up the baby from any social or medical organization on her own for a serious reason, then the father should do it. If he refuses it without meaningful grounds, then this could be the basis for depriving the father of parental rights in Russia.
At the same time he should not have insuperable circumstances, for example, a serious illness, any disability group or lack of housing in which the baby could live.
For example, after the death of the mother, the father refuses to take the child from the maternity hospital without good reason. In this case, he is deprived of his rights, so further the fate of the child depends on the actions of other relatives or the care service.
Abuse of rights
The reason for the deprivation of parental rights of the father of the child may be the fact of his abuse of their rights. For example, a father can dominate a baby, force him to commit illegal or unpleasant actions, and also often makes him take alcohol or drugs.
The guardianship authorities did detect cases in which the father forced his daughters into prostitution for making money. Typically, this pressure is systematic, so over time it turns into operation at all. Even in court, it is often difficult to prove such a guilt on the part of the parent, and this is due to the fact that intimidated children try to hide the fact that they have committed unlawful acts.
Often under such conditions the father is only limited in his rights to the child.
Such a basis for the deprivation of parental rights of the father is most common.It assumes that different violent acts are applied to the babies on the part of the man, and they can be not only physical, but also mental, as well as sexual. Each such impact is a serious reason not only for the deprivation of rights, but also for criminal prosecution. All types of such hard treatment are characterized by different features:
- physical violence is expressed in the systematic and deliberate striking of a child, which leads to injuries of varying severity, and can be struck not only with his hands, but also with his feet, as well as with various foreign objects;
- Mental influence can consist in instilling in the child feelings of fear or inferiority, in regular threats or suppression of the baby's will;
- Sexual abuse involves bullying a child’s body, depending on its gender.
According to art. 73 of the Criminal Code, even if not the father himself applies a physical or mental impact on the child, but he knows that his relatives or friends perform these actions, then for the lack of any actions on his part, he may lose his rights.
Father suffers from alcoholism or drug addiction
It contains the Family Code of grounds for depriving the father of the parental rights, and even includes situations in which a man has a chronic illness of alcoholism or drug addiction.
This state of health suggests that a person’s will is almost completely suppressed, so he simply lacks the opportunity for the optimal upbringing of the child. He will not be able to treat him carefully and carefully, so there is a chance that there will be a real threat to the life or health of the baby. Therefore, the guardianship authorities are obliged in such a situation to protect the child from the parent.
It is possible to prove such a father’s condition only with the help of official medical certificates. There is a significant difference between alcoholism and drunkenness, since in the second case there is no psychological dependence on alcohol, although the man uses it regularly.
Committing a crime against a child or his mother
Such a basis for the deprivation of parental rights of the father is quite common. A crime in this situation is:
- physical abuse of a child;
- an attempt on the life of a family member;
- ignoring the situation in which there is a danger to the life of the baby;
- bringing a child or his mother to suicide.
Even if a crime is committed against a wife, it is not necessary for the child to witness this action. For deprivation of rights requires the existence of a sentence for the crime.
Process of deprivation of rights
The procedure is divided into successive stages:
- it reveals what grounds for depriving the father of the parental rights of the second parent or the guardianship authorities;
- even an educational institution, medical institution or prosecutor's office can apply;
- a claim is made, which indicates the reason for filing a lawsuit in court;
- describes the main circumstances of the case;
- the document is signed by the applicant;
- evidence is collected of his innocence, which may be represented by medical certificates, written testimony or other documents.
After consideration of the given claim and other documents date of meeting is appointed. It discusses all the important points relevant to this case.A decision is made on the basis of which the father may lose his rights in relation to the baby.
What documents are needed?
The grounds must be confirmed of the deprivation of the father’s parental rights by documents, and they must be official and reliable. For filing a claim will require the following paper:
- properly filed a claim;
- copy of the applicant's passport;
- Sv-in about the birth of the baby, in respect of which the case is being conducted;
- certificate of income of the mother and father;
- Sv-in about the conclusion or dissolution of marriage;
- the characteristic from work of the respondent;
- if the child is already 10 years old, then he himself can make a statement in which he describes how the father treats him or his mother, as well as what actions were taken on his part, which can be equated with physical or mental effects.
The number of documents may vary significantly, as they are completely dependent on the particular case. Evidence must be presented in official papers, and witnesses are allowed.
The grounds and procedure for depriving the father of parental rights must be correct and confirmed.To carry out this procedure requires the presence of numerous evidence of certain violations on the part of men. These include:
- written testimony of witnesses;
- certificate from the house book, which shows who lives with the child in one property;
- certificate of income men;
- a document confirming that the father does not participate in the child’s life, and does not pay child support, and therefore does not spend any money on his maintenance;
- the court decision on the basis of which the sentence is imposed on the man who committed the crime against his wife or children.
Also evidence of abuse of their rights may be the failure to provide the consent of the mother to travel with children to other countries. Non-participation in the life of a child should be more than 6 months, and at the same time no funds should be transferred for the maintenance of children. Under these conditions, it is important that the man has no valid reason for such behavior.
When is it impossible to deprive a father of rights?
The judge, when considering all the evidence, takes into account all the nuances, therefore it is not allowed to deprive the father of rights if there are factors:
- there are valid reasons for which a man cannot take part in a child’s life or cannot transfer funds for his maintenance;
- the father is a disabled citizen or disabled person, therefore he receives only a pension from the state;
- It is documented that he has chronic diseases, but they should not be drug or alcohol addicts.
All such reasons must be documented or witness testimony.
Thus, there are many grounds used to deprive a father of rights in relation to his children. They must be proved by official documents. Used by the mother or the guardianship to prevent the creation of a danger to the life of the baby.
The deprivation of rights is carried out only through the court, which considers all the circumstances of such a case, so if a man has good reasons for not participating in the child’s life, the claim will be denied. In some situations where there is little evidence, a man can only be limited in his rights.