Unfortunately, in our life there are such moments when the mother has good reasons for depriving the father of his child's fatherhood. In this article, we will tell you in detail whether you can deprive a fatherless parent of a negligent parent and what is needed for this?
Why deprive the father of parental rights?
There are three, the most compelling reasons for this procedure:
- Very often, for travel abroad for vacation or for change of residence, certain documents require the written permission of both parents, certified by a notary. But the whole trouble is that Daddy can not give this permission, trembling nerves and mom and baby.
- In old age, some dads suddenly remember that they have children. And according to the law, the child must keep his disabled parent in need. From the child, money will be collected in favor of the "beloved" father, who did not care about alimony for his child, when he could need them.
- There are such happy cases when a divorced woman meets a man who wants not only to marry her, but also to adopt her child, give him her name. In such cases, the father of the not deprived parental rights will have to ask for permission to conduct this procedure, and he will most likely be against it.
Grounds for paternity deprivation
Under the law, to deprive the parental rights of the child's father can be in the following cases:
- evasion of payment of alimony;
- refusal without good reason to take the child home (from the hospital, hospital, educational institution and other organizations of this type);
- evasion from fulfilling parental responsibilities (lack of minimal care - provision of food, clothing, medical assistance);
- abuse of parental rights;
- child abuse (physical and psychological violence);
- harassment (attempted sexual inviolability);
- chronic alcoholism or drug addiction;
- committing an intentional crime that may harm the life or health of the child and his mother.
The procedure for the deprivation of paternity
How can you deprive the father of the father of a child, and in combination, the former legal or civil husband? To begin with, it is necessary to visit the guardianship authorities at the place of residence of the child. There you will be given a list of documents for the deprivation of paternity, which you need to collect. It looks like this:
- the birth certificate of the child;
- certificate of divorce (if you were married to the child's father);
- certificate of registration and characteristics of living quarters;
- court order on payment of alimony (if any);
- a certificate from the FSSP (Federal Bailiff Service) on the amount of arrears on alimony (if they were collected in court);
- a certificate from the FSSP about the search for a father (if he evades payment of alimony);
- characterization from the place of work of the plaintiff (mother);
- Characteristics of the school, kindergarten and other circles visited by the child;
- certificate of wages of the plaintiff.
This list can be changed and supplemented depending on the specific hearing on the deprivation of parental rights.
Further all these documents are referred to the court, together with the application of the mother. Here there is a small snag: if you file a lawsuit only on the deprivation of parental rights, you will need to carry documents with the application to the court at the place of residence of the defendant. If you do not know about his whereabouts, then to the court of the area where his property is located or to the address of the last residence permit. And if you file along with the claim for deprivation of parental rights also a claim for recovery of alimony, you can go to court at your residence.
In the end I would like to make small amendments: you can not deprive paternity, as well as the mother of motherhood. You can only deny parental rights. Or to challenge the fact of paternity if you have a reason for it. So do not confuse these two concepts.