Increasing the number of divorces per year results in the dominance of the family in the fragile female shoulders. Often, a woman has to earn the most to the extent that to feed the children left in her care. Fathers, at best, regularly pay the alimony assigned to them and on weekends they see with their children. But there are such men who are parents only in the birth certificate column. To facilitate his life, protect the child or punish his father, a woman should achieve the deprivation of the parental rights of the ex-husband.
Why deprive of parental rights?
Article 69 of the Family Code of the Russian Federation lists the main reasons why one parent may be deprived of parental rights. One of the frequent causes of deprivation of parental rights is evasion of parental responsibilities. The lack of material support from the father, who does not pay child support for at least half a year, is the reason to call the ex-husband a malicious defaulter.
The basis for the deprivation of parental rights is the father's management of an immoral lifestyle (chronic alcoholism, drug addiction, the commission of a crime against a child).
Child abuse, harm to his physical or mental health, committing a crime against a child can also be grounds for which they are deprived of parental rights. The same applies to the exploitation of the child, for example, if the father forces him to engage in vagrancy.
An additional reason for the deprivation of paternal rights may be the obstruction of the exercise of the parental rights of one of the parents. So, for example, the ex-husband can put forward a ban on the child's departure abroad.
Deprivation of parental rights procedure
To deprive the parental rights it is possible only in a judicial order. Keep in mind that this requires strong arguments. The easiest way is to get deprivation of parental rights for non-payment of alimony, when the father does not provide any material support. Sufficient will be a bank statement from an account opened for payment of alimony. For other cases it is necessary to prepare medical certificates, certificates, photographs. Find sane witnesses. If your evidence base is pretty thorough, it's time to write an application for the deprivation of the parental rights of the ex-husband.
You can make a statement yourself or ask for help from a lawyer. Basically this document has the following form:
- The name of the court, as well as its postal address, is indicated in the upper right corner. The application is filed at your place of residence or ex-husband. The data of the plaintiff, the defendant and the child are also written there, as well as the contact details.
- In the middle of the document, the phrase "Statement of claim" is written.
- The text of the application requires the reason for applying to the court for the deprivation of paternity.
- The application is attached copies of personal documents, as well as materials confirming the plaintiff's rightness, a copy of the receipt for payment of the state duty.
- Put a date and signature.
At the hearing, the presence of a representative of the guardianship and trusteeship authority is mandatory. Attention will be paid to changing the behavior of the biological father after the divorce. Provide the Court with all documents and evidence available
If your claim is satisfied, the ex-husband will lose the right to upbringing, communication with the child, as well as the benefits that are granted to persons with children. However, after the deprivation of parental rights, the ex-husband will not be released from the obligation to support his child, to provide him with material support.
Perhaps your claim will be rejected. It is not necessary to get upset - after a year you can again apply for the deprivation of parental rights.