Deprivation of parental rights of the father occurs only in court, while the mother is the Claimant, and the father is the Respondent. The cases in this category are very difficult to consider, since the interests of the child are involved here and all the consequences of the decision must be taken into account so that the child does not suffer in the future.
The grounds for deprivation of parental rights of the father
The grounds for the deprivation of parental rights of the father are of a special nature. They are listed in the Family Code. These include:
- the situation when the father does not fulfill his responsibilities for the care, education and provision of normal living conditions for the child;
- malicious evasion of payment of alimony;
- a causeless refusal to take away their child from the maternity hospital or from social protection institutions or other similar organizations;
- abuse of the rights of the parent;
- child abuse, physical or psychological violence, sexual harassment;
- abuse of the father by alcohol or drugs, chronic alcoholism or drug addiction;
- committing an intentional crime against the life or health of the child or spouse.
Such cases are examined with the participation of the prosecutor, guardianship and trusteeship bodies. They have every right to express their opinion on the way and on the claims.
The wife can not unsubstantially state that the father of the child must be deprived of parental rights.
How to deprive the father of parental rights?
How to deprive the father of parental rights, and which of the above points is decided solely by the court, on the basis of the certificates and testimonies of witnesses presented.
The documents necessary for the deprivation of parental rights of the father may be different in each case, it all depends on the grounds for the deprivation of the parental rights of the father.
But there is a standard package of documents:
- A statement of claim in court at the Respondent's residence.
- Original and copy of the birth certificate of the child.
- Original and a copy of the certificate of divorce.
- Extract from the house book at the place of residence of the Claimant.
When considering a case, the judge has the right to request any necessary document.
Sometimes, during the trial, the judge can decide not to forfeit the rights, but to restrict the father's parental rights. This can be if the presence of the father in the life of the child becomes dangerous, but not through the fault of the adult (eg, infectious or mental diseases, alcoholism). Other, if the father's behavior is dangerous for the child, but there are not sufficient reasons for the deprivation of parental rights.
But sometimes the father himself refuses from parental rights. Most often this occurs by mutual consent of both spouses, when a woman is going to remarry and her chosen one agrees to adopt a child. Such refusal is written in a notary's office and certified by a notary. Moreover, such a father is deprived of the rights to the child.
Consequences of deprivation of parental rights of the father
The consequences of the deprivation of parental rights of the father are as follows:
- a man ceases to be a native person for a child;
- They do not have the right to continue when they can become incompetent to receive child support, even when they become
adults. Those. the child will not have to help the former father; - lose the rights to benefits and benefits from the state, which are established for families with children.
- the father deprived of his rights can not interfere with the upbringing and education of the child, as well as in choosing the place of residence of the child;
- deprived of the right to inherit the property of children, in the event of the death of the child.
Fathers deprived of parental rights will by law never be able to adopt another child, become an appointed guardian, and they are deprived of the right to be adopted parents.
At the same time, such daddies are still obliged to pay child support, up to the age of majority. Children also retain the rights to housing in which they are registered, even if it belongs to the former father. Also, children have the right to inherit the father, deprived of parental rights.