The order of deprivation of parental rights: the features of the procedure for the father and mother
There is a certain order of deprivation of parental rights, it maximally takes into account the interests of children and the competence of the father and mother. The reasons for considering the case in court must be weighty and well-reasoned. In some cases, the child's voice is taken into account, but it is not the main thing in the process of making a final decision. Each case is studied individually, taking into account all the features of the situation. Nevertheless, it is possible to single out general points and principles of the approach.
Why parents can be removed from the child
The procedure of deprivationthe parental rights of the mother and father are practically the same. There are certain limits to the behavior of parents, their relationship with children, which are considered acceptable and permissible. If adults behave incorrectly, the question of the expediency of finding a minor in the family is considered.
To deprive the citizen of the parental competence can, if he:
- Does not fulfill his direct duties( this includes the malicious non-payment of alimony).It is taken into account the systematic absence of care for children in any manifestation.
- Does not take the child from the hospital, hospital, educational or educational institution and other similar institutions without significant reasons.
- Is a drug addict or alcoholic( to confirm this fact, it is mandatory to have a medical certificate).
- Has committed an unlawful act against another member of the family. In this case, it is necessary to present the existence of a court decision on this issue.
- Shows cruelty towards children. It can be mental, physical violence, an attempt on sexual inviolability. For example, the motive for filing a claim may be beatings, causing physical suffering in any manifestation, suppression of the child's will, threats, suggestion of a sense of fear.
- Abuse parent authority. This includes:
- teaching a minor to use drugs and alcohol, smoking;
- use of unauthorized child labor;
- creation of conditions that impede full-fledged development.
There are several missing violations. Even one item from the above is enough for the consideration of the case. At the same time, evasion of duties usually appears in combination with other factors that allow us to present a general picture.
Features of the complicated process
The state is not interested in selecting children from the family. If there is a relative willing to become a guardian of the baby, his candidature will be considered at the meeting.
Standard procedure scheme
The procedure for the removal of the parental rights of the mother or father occurs only within the framework of the judicial process.
- The applicant is filing a lawsuit seeking to deprive one or both of the parents of the rights to the child. In the role of the applicant, a second parent, a relative, a prosecutor, employees of organizations dealing with the protection of children's rights( guardianship authorities, commissions for minors) may speak.
- The court parses the parent's behavior, the possibility of its adjustment.
- If a decision is made to deprive a citizen of the competence, the question of who will take care of the minor is considered. He can be transferred to the second parent, guardian relatives, guardianship and guardianship authorities.
- If the child lived with a parent who was not allowed to bring him up, the court is considering the possibility of their future cohabitation. If this option is unacceptable, an adult can be evicted( if he has no share in the property or housing rented).
Thus replacement of habitation for such citizens is not provided. If a disenfranchised person owns a share of real estate and has decided not to continue living in the same territory, the child is relocated. However, all rights to real estate( including inheritance) remain behind it.
If the parent is deprived of the rights, the obligations are still retained by him( financially secure, pay for medical treatment and training).Parents can not inherit property after children, if at the time of opening the inheritance their parental rights were not restored. Also, citizens lose all the benefits associated with having children.
How to deny rights to live together
If the issue of the relationship between the child and the parent, from whom he lives, is considered, the house is inspected and an appropriate act is drawn up. It contains the following information:
- characteristics of real estate( name, area, availability of amenities);
- who owns the dwelling with whom the child resides;
- way of life of parents, apartment / house condition( cleanliness in the room, availability of furniture, household appliances, hygiene items);
- suitability of real estate for residence in her minor.
If the parent was seen drunk, this is not an excuse for depriving the parental rights. This question is raised only if there are medical certificates confirming alcoholism or drug addiction.
Procedure for non-payment of alimony
The procedure for depriving a father's parental rights is often related to the financial aspects of the relationship. The point of "malicious" non-payment of alimony is disputable. Clear definition, when this violation should be classified as "malicious", does not exist. Usually cases are considered in which it is not just a matter of refusing to pay for maintenance, but also:
- distortion before the court of the actual amount of earnings( understatement of income level);
- attempts to avoid deductions from income on the correctional sheet( concealment of residence, work);
- repeated violation of duties;
- deliberate refusal of labor activity.
In determining the "maliciousness" of non-payment, reasons, duration of violation of obligations, other significant factors are taken into account. Each case is considered individually.
Is the child's opinion taken into account
If the child in respect of whom the issue of deprivation of parental rights is considered reached the age of 10, his opinion will be taken into account during the court session. However, even if everything suits him( with his words), but there are good reasons to believe that parents do not provide proper care for him, the decision can be made not in favor of the defendants.
There is a list of issues that are always considered taking into account the opinion of the child, if it has reached 10 years. This includes:
- changing the name of the minor;
- transfer of the child to another family;
- cancellation of adoption;
- restoration of parents in rights;
- record of adopters as parents.
With whom the children remain
If the parental rights are deprived of one parent, the child remains with the other. At the same time, the latter is obliged to take the child( if he lives elsewhere) or officially refuse it. You can do this even without attendance at the meeting - a citizen must be assured of refusal from a notary and send him to court.
If it is impossible to transfer the minor to the second parent( both deprived of rights, there is a refusal or there is none at all), the child passes into the hands of the guardianship authorities. An alternative is the registration of custody by an adult relative. Quite often the claim for the deprivation of parental rights is given by the one who wants to register guardianship. In this case, the application specifies the following requirements:
- to deprive parents of legal rights;
- recognize the plaintiff as a guardian.
If the court becomes on the side of the plaintiff, the child moves to the latter for permanent residence. However, even before a court decision is passed, the local government administration can decide on guardianship of a minor and hand it over to appropriate relatives. At the same biological courts, parents must sign an agreement on the move.
The guardian can start adoption only six months after the formal court decision.
During this period, parents are given a chance to think about and correct their behavior, attitude towards the baby. If parents change their way of life and eliminate the causes of deprivation, their competence can be restored in court.