Deprivation of parental rights is, to put it mildly, not a pleasant procedure. Before going to court with such a lawsuit, think a hundred times whether it is worth doing. But if the husband has long disappeared from your life or is mistreating your son or daughter, then there is nothing else left but to deprive the father of the child of parental rights.
Reasons for deprivation of parental rights
We want to note that not only the father, but also the mother can be exempted from all rights to the child. As a rule, this happens much less often, but nevertheless, the current legislation gives both parents the same rights and obligations.
So, why are they deprived of parental rights of a father? Naturally, the mere desire of the mother will not be enough. For this, the Family Code provides a specific list of reasons:
- constant evasion of child support or non-fulfillment of other parental duties;
- for refusing to take the child from the hospital, maternity hospital, other institution;
- manipulation of parental rights (for example, when one of the parents does not allow the other to see and communicate with the child, to educate him);
- inhuman treatment of the child (attempt, sexual harassment and other actions);
- parental abuse of alcohol or drugs;
- other criminal acts that pose a significant threat to the child.
How to deprive a child’s father of parental rights: file a lawsuit
In order to deprive the father of all rights to the child, you must first go to court. To do this, you need to prepare a lawsuit, where you must specify the following:
- name of the court;
- data and address of the plaintiff;
- information about the defendant.
Next, you need to describe your requirements, circumstances that may be the basis for the deprivation of the rights of the father, as well as their evidence. At the end is a list of documents that are attached to the application.
The consequences of parental disqualification
Before depriving the father of the child of parental rights, the court carefully examines all the grounds and evidence for making the right and legal decision. Sometimes it’s very difficult to prove the defendant’s guilt. If, nevertheless, the court deprives the father of his rights to the child, then the parent, accordingly, loses all the powers that he had on the basis of kinship with his daughter or son. Namely:
- receive any benefits that may be due to citizens who have children;
- have the right to future support from an adult child;
- receive an inheritance from a child (if, God forbid, he dies).
For the child, in turn, nothing changes materially. He will also receive alimony (if installed), has the right to inherit the property of the parent, and remains to live in the room where he lived until the decision of the court. A mother will receive the right, without the permission of the father, to travel abroad with the child, change his last name, and her new husband will be able to adopt the child.
It should also be remembered that the court has the authority not only to deprive parents of their rights, but also to restore the rights of the father (mother) in the future. If the parent reconsiders his behavior and subsequently proves in court that he has completely changed, then all lost rights can be returned to him.
If you are thinking about how to deprive a child’s father of parental rights, first ask the opinion of the son or daughter himself. Maybe your desire is provoked by resentment, revenge or the desire to simply draw attention to yourself, but not by common sense. In any case, approach this problem very thoughtfully and seriously.