According to article 47 of the Family Code of the Russian Federation, the father and mother of the child have parental rights equally. They can and should take care of the physical and moral development of their child, about his health. However, in reality it often turns out that one of the parents, and most often the father, does not make any effort to raise the child, and also does not give money for its maintenance. Some would-be dads disappear from the lives of their children after a divorce. Others, on the other hand, are close by, but create an unbearable atmosphere in the house with their drunkenness and antisocial behavior. In this case, the legislation provides for the deprivation of one of the parents of the rights.
Instructions
Step 1
If you want to deprive your child's father of parental rights, find out if you have a good reason to do so. Articles 69 and 70 of the Family Code of the Russian Federation provide a list of compelling reasons for deprivation of rights. This is malicious evasion of the payment of alimony and other paternal responsibilities, chronic alcoholism or drug addiction in the father, child abuse, including sexual abuse and molestation, deliberate acts harmful to the health and life of children or spouses. If at least one of the listed points suits your situation, you can begin to act.
Step 2
Collect a package of documents for submission to the court. The basic standard includes copies of a marriage (divorce) certificate, a certificate from a bailiff, which says about the father's malicious non-payment of alimony, a certificate from a narcological clinic that the child's father has alcoholism or drug addiction, copies of protocols on going to the police house in case of assault. You may also need written evidence from relatives, neighbors, and so on that the child's father does not participate in his upbringing in any way. A more detailed list of documents will be given to you by a lawyer in court.
Step 3
Write a statement of claim, address it to the court at the place of residence of the child's father. In the application, indicate all the passport details and place of residence of the plaintiff and the defendant (that is, your own and the child's father). Describe your family situation: on what grounds do you want to deprive the defendant of his parental rights, in what you see a threat to the well-being of your child with such a father. Attach the collected package of documents to the application confirming the failure of the father to fulfill his parental duties. You will also need to pay a state fee of 100 rubles and submit a receipt for payment to the court.
