Good afternoon I want to file a lawsuit to deprive my ex-husband of parental rights! For more than two years he has avoided raising his son. There is no alimony, no assistance, no communication. If I sue, how do I need to prove that the father does not take part in raising the child?

Deprivation of parental rights, according to current legislation, is carried out only in court. The courts apply this measure only in extreme cases, having carefully checked whether the rights of a minor will be infringed by making such a decision.

Legal requirements

The Family Code establishes a list of criteria that a mother and father must meet in order to deprive both or one of them of parental rights. Article 69 of the code, among others, specifies as such a ground evasion of parental responsibilities (raising a child, communicating with him, monitoring the quality of his education, etc.), to which malicious evasion of alimony payments is equated.

Considering that the trial this case– the procedure is serious and complex, it is worth very carefully approaching the issue of proving the fact that the father does not participate in raising the child and does not fulfill other parental obligations.

Methods of proof

The current civil procedural legislation obliges everyone participating in the trial to have evidence of their arguments and demands (Article 56 of the Code of Civil Procedure). Therefore, when preparing for the meeting, the plaintiff (mother) needs to make sure there is confirmation that the father does not take part in the child’s life.

It is always easier to confirm what is done or damaged. But how to prove the absence of something? How can one legally justify the fact that a father does not take part in raising his child?

Methods of proof:

In order to prove non-payment of alimony, you need to obtain the appropriate written documents from the bailiffs (if the collection was carried out in court and a writ of execution or a court order was sent to the bailiffs). If no one demanded alimony, then it will not be possible to indicate evasion of its payment. In this case, in court, one can only refer to the fact that after the divorce, the ex-husband does not provide any financial support to his son or daughter on a voluntary basis. To confirm this information, you should obtain testimony from friends and relatives. You can also submit written requests to your ex-spouse, for example, by email or SMS, to participate in the expenses of a common child, as well as his responses with a refusal, or confirm that he is ignoring such requests. The court will take into account the father’s failure to fulfill his obligations to support the child, but, as noted, this fact does not constitute an evasion from paying alimony.
To prove that the father does not visit the child after the divorce, does not participate in raising his son or daughter, you can provide testimony from relatives, neighbors, acquaintances, etc. At the same time, there should be no obstacles on the part of the mother to the child’s communication with the father. So, if the father strives to spend time with his son or daughter, but the mother, after the divorce, repeatedly prevents him from doing this without good reason, then it is no longer possible to talk about the father avoiding communication with the child. After all, the lack of meetings was not his fault.
If, for example, an agreement was concluded between the former spouses to establish a procedure for communicating with a child, the conditions of which are not fulfilled by the father, you can file a statement about this fact with the guardianship and trusteeship authority. Since the participation of a representative of this body in the trial is mandatory, such an appeal will help prepare the evidence base for the court. After all, the fact that the ex-husband has not been involved in the child’s life for a long time will be recorded and verified by the guardianship department. The court should be provided with a copy of the application submitted to the guardianship authority. Such a document is written evidence and will be included in the court file.

All this evidence: oral and written explanations of witnesses, certificates from the bailiff service, statements and responses from the guardianship and trusteeship authority will be examined by the court to resolve the issue on the merits.

Nuances of the trial

The outcome of the case will largely depend on the position of the child's father during the proceedings. Let us repeat, judges apply deprivation of parental rights only in the most extreme cases, if there are compelling reasons for this. If the ex-husband disagrees with the claim and insists on maintaining parental rights, the court will also carefully consider his arguments.

However, we should not forget the above-mentioned norm of the Code of Civil Procedure, according to which everyone must prove what he insists on in court. In disagreeing with the claim, the father will have to provide sufficient evidence of the proper fulfillment of parental obligations. But, without any evidence of participation in the child’s life, it will be difficult for him to prove his position.

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What to do if the father does not take part in raising children - advice to women

The father does not take part in raising the child - what should the mother do?

IN Everyday life Men, as a rule, are completely occupied with the material well-being of their family, and, alas, there is very little time left for raising children. It’s not uncommon for dad to come home from work after midnight, and the opportunity to fully communicate with the kids only falls on the weekend. But what if dad has no desire to participate in raising his child at all?

Reasons for removing a husband from raising children

There are many reasons for the father's non-participation in raising children.

Dad should be involved in raising the baby during pregnancy. Then, after the birth of the baby, the mother will not have to complain to her friends about her fatigue, and growl at her husband about his lack of participation in the child’s life.

It is strictly not recommended to remove dad from his responsibilities immediately after the maternity hospital. Yes, the baby is still too small, and the dad is clumsy. Yes, mom’s maternal instinct tells everything, but dad doesn’t have it. Yes, he doesn’t know how to wash diapers, and what jar from the shelf is needed to sprinkle talcum powder on the baby’s bottom. But! Dad has a paternal instinct, dad will learn everything if given the opportunity, and dad, although clumsy, is an old enough man not to harm his child.
Do not demand your husband’s participation in raising the baby in an orderly tone. Involve your husband in this process gently, unobtrusively and with the wisdom and cunning inherent in a woman. “Darling, we have a problem here that only men can solve” or “Darling, help us with this game, we definitely need a 3rd player.” Possibilities - a carriage and a small cart. The main thing is to want it.
Be smarter. Don't try to put yourself above your spouse in the family. This is dad - the head of the family. This means that dad decides which school to go to, what to eat for dinner, and which jacket his son will look most manly in. Give your spouse the opportunity to make his own decisions. There will be no loss from you, and dad will be closer and closer to the child. Axiom: the more a man invests in his child (in every sense), the more he values him. Moreover, no one is stopping you from giving your husband the options for schools, dinners and jackets that you like. Compromise is a great strength.
Trust your spouse. Let him accidentally tear the Velcro on diapers, stain the kitchen with vegetable puree, sing the child the “wrong” songs, put him to bed an hour later and draw inappropriate pictures with him. The main thing is that he participates in the child’s life, and the child enjoys it.
Praise your spouse often. It is clear that this is his responsibility (as is yours), but your kiss on the unshaven cheek and “thank you, darling” are his wings for new successes in communicating with the child. Tell your husband more often: “You are the best father in the world.”
Ask your husband for help more often. Don’t put everything on yourself, otherwise you will have to carry it all on yourself later. Initially, involve your husband in the process. He bathes the child - you prepare dinner. He plays with the baby, you clean the apartment. Don’t forget about yourself: a woman still needs time to get herself in order. Constantly come up with urgent matters (not too long, do not abuse the kindness of your spouse) in order to leave your husband and child alone as often as possible - “oh, the milk is running out”, “Darling, the bread is out, I’ll run out quickly, at the same time I’ll buy your favorite gingerbread cookies”, “ oh, I urgently need to go to the bathroom,” “I’ll just put on my makeup and come straight to you.”
Dad stubbornly avoids the upbringing process? Just no hysterics! First, calmly explain how important paternal upbringing is for the development of the child’s character and personality. And then gently and unobtrusively “slip” the child to dad for 5 minutes, 10, or half a day. The longer the father spends with the child, the faster he will understand how difficult it is for you, and the stronger his attachment to the child.
Start a good family tradition - going to bed with your dad. To daddy's fairy tales and with daddy's kiss. Over time, not only the child, but also the father will not be able to do without this ritual.

The father doesn’t want to raise his children – should we deprive him of parental rights?

Even if you are on the verge of divorce (or have already divorced), deprivation of parental rights is too serious a step to take out of resentment, frustration, etc. Although a mother herself can raise a son or daughter.

It takes very compelling circumstances to deliberately leave a child without a father. This is his categorical reluctance to participate in raising the child, a destructive lifestyle or a threat to the health/life of the child. Your relationship with your husband does not matter in this case, what matters is your husband’s attitude towards his child.

Before you decide to take such a step, think carefully about your decision, putting aside emotions and ambitions!

In what case can rights be revoked?

According to the RF IC, the grounds are:

Failure to fulfill parental responsibilities. This formulation includes not only the father’s evasion of obligations for the health, upbringing, education and material support of the child, but evasion of alimony payments (if, of course, this decision was made).
Using your family/rights to the detriment of your child. That is, inducing a child to engage in illegal activities (alcohol, cigarettes, begging, etc.), obstructing their studies, etc.
Violence against a child (physical, mental or sexual).
Illnesses of the father, in which communication with the father becomes dangerous for the child ( mental illness, drug addiction, chronic alcoholism, etc.).
Intentional causing harm to the health/life of the child or his mother.

Where to file a claim?

In the classic situation - at the place of registration of the child's father (in the district court).
In a situation where the child’s father lives in another country or his place of residence is completely unknown, go to the district court at his last place of residence or at the location of his property (if the mother knows it).
If, along with the deprivation of rights, a claim for alimony is filed - in the district court at your place of registration/residence.

Each case of deprivation of rights is always considered with the participation of the guardianship authorities and the prosecutor.

What will happen to alimony?

Many mothers worry that a claim for deprivation of rights may leave their child without financial support. No need to worry! According to the law, even a father who is released from his birthright is not exempt from paying alimony.

How to prove?

Even if the ex-spouse regularly sends alimony, he can be deprived of his rights if he does not participate in raising the child. For example, he does not call the child, comes up with excuses not to meet with him, does not participate in his educational life, does not help in treatment, etc.

The rights and responsibilities of a father after a divorce - every parent should know this!

But mother’s words alone will not be enough. What is the proof of a father's non-participation in a child's life?

Firstly, if the child is already able to speak, an employee from the guardianship authorities will definitely talk to him. Who will ask the child how often dad meets with him, does he call, does he come to school/kindergarten, does he congratulate him on the holidays, etc.

It is not recommended to provide the child with appropriate “instructions”: if the guardianship authorities suspect something is “off”, then at a minimum, the court will not satisfy the claim.

Evidence you will need to provide along with your claim:

A document from an educational institution (school, kindergarten) stating that dad was never seen there.
Testimony of neighbors (note - about the same thing). These testimony will need to be certified by the HOA board.
Testimony (a petition for calling them should be attached to the claim) from friends or parents, from fathers/mothers of their child’s friends, etc.
Any other evidence of all the circumstances that confirm a certain guilt of the father or his absolute non-participation in the life of the child.

Has there been a similar situation in your life, and how did you solve it?

www.colady.ru

The father does not take part in raising the child - Pravoved.RU

What evidence is needed that the father does not take part in raising the child? He pays alimony, even though it’s from the minimum wage, but that’s where it all ends.

Client clarification

I wanted to get permission from my ex-husband to adopt; the stepfather is actually raising the children. But for now he refuses to give such permission. I am considering the option of solving the problem through the guardianship authorities or through the court. I want to know what specific evidence is needed of the father’s non-participation in the upbringing of the children. Thank you.

Victoria Dymova

Support employee Pravoved.ru

Reasons for deprivation of paternity - grounds, rights in Russia

The Family Code of the Russian Federation provides several reasons for deprivation of paternity. The grounds are quite serious and include the possibility of infringement of the moral rights of the child.

The mother of the children can deprive her ex-husband of paternity by filing a corresponding application to the court.

Basic moments

Only a man who maliciously evades his obligations to raise and support children can be deprived of parental rights. The father must take an active part in the child's life, despite his relationship with their mother.

And we are talking not only about paying alimony, but also about moral assistance. Both parents, even after a divorce, have the right to learn from educational institutions about the child’s progress, from clinics about the state of health.

Before contacting government agencies with a demand to deprive a father of his rights to children, you need to know a few things:

the procedure for depriving parental rights is very lengthy, it takes several months, and a positive result is not guaranteed;
there are several grounds for deprivation of rights, and the list cannot be expanded;
the mother must be convinced that deprivation of parental rights is necessary for the child;
six months after deprivation of paternity, the child can be adopted by the mother’s spouse;
the father has the right to file an appeal and appeal the court decision.

What it is

Deprivation of parental rights is a legislative measure created to protect minors from the harmful influence of parents and their cruel treatment.

You can expect a positive court decision only after providing reliable evidence. Often, after a divorce, women demand that their father be deprived of parental rights because of resentment towards his former partner.

But the man regularly pays child support, takes part in the child’s life and does not abuse alcohol. Such a parent is considered positive, and it is impossible to deprive him of the opportunity to raise children.

The situation can be completely different - a man regularly pays alimony in the minimum amount, but does not want to see the child.

The mother in this case believes that it is impossible to deprive such a father of parental rights, because he provides financial assistance. However, one of the compelling grounds in court is indifference in the child’s life.

Why deprive a father of parental rights at all? By paying alimony, regardless of the amount, a man gets the opportunity to be in the care of his adult child in old age or upon receipt of disability.

If necessary, the father may also require his descendants to support him in case of incapacity for work. In case of deprivation of paternity, he is deprived of these rights.

After deprivation of parental rights, the father loses the opportunity to raise, see and take part in the life of the child. He is also automatically excluded from the heirs who can claim the children’s property.

However, the child remains one of the main heirs to the property of his former parent. Also, the father's relatives do not lose their rights to the children.

Where to contact

If a mother wants to be determined to deprive her ex-husband of parental rights, then first she needs to contact the guardianship and trusteeship authorities. In exceptional cases, the application is immediately submitted to the court and after its consideration, the guardianship authorities are notified.

The mother needs to prepare the following documents:

Video: deprivation of father's parental rights

Reasons for deprivation of paternity rights

If the father does not take an active part in the life of the child, or his social status or behavior in society may cause a violation of the child’s mental state, the parent may be deprived of his rights.

To achieve this, the father's consent is not required. It is enough to collect documents indicating violations on the part of the parent.

Lack of financial assistance for raising children

In a divorce where the children remain in the care of the mother, the father is obligated to pay alimony for the maintenance of dependents. If the ex-husband refuses, the woman can deprive him of his rights to the child.

To do this, it is necessary to indicate in the statement of claim that for a long time (period) the legal father has been avoiding providing financial assistance for the maintenance of the child.

If the father, without good reason, does not provide financial assistance in supporting the children, then the court will side with the mother. A father who even periodically pays child support cannot be deprived of parental rights.

In this case, it is necessary to prove that evasion of payments occurs systematically and the amount of money allocated by the father is not enough to support the children.

Alcoholism

Alcoholism is a valid reason for depriving both mother and father of parental rights. But testimony from the woman’s words will not be enough.

She will need to prove that her father regularly drinks alcohol. In these cases, a certificate from a narcologist is required, but a person cannot be forced to visit a doctor.

If the father refuses to voluntarily visit a specialist, he must provide a written refusal. The woman will also be required to find witnesses willing to confirm the immoral behavior of her ex-husband.

Drug addiction

Drug and alcohol addiction are becoming serious grounds for deprivation of paternity in Russia. Under the influence of drugs, a person becomes inadequate and does not have the ability to raise a child.

Now in the country it is strictly prohibited to restrict the rights of children to freedom of choice and opinion, and the constant sight of drug addiction encourages similar behavior in the future.

Fathers also often force their children to try drugs by talking about new sensations. Such actions are contrary to the law and may be regarded as an abuse of parental rights.

A drug-addicted father may be deprived of parental rights through a court order. To do this, the mother must write a statement of claim and indicate that the parent has a pathological addiction and refuses treatment.

A certificate from a narcologist or testimony of witnesses can serve as evidence. If the man undergoes treatment, the case may be suspended. The parent is temporarily deprived of the opportunity to see the child until the addiction is completely eliminated.

Involvement in the child's life

Financial assistance does not compensate the child for the attention of the parents. And if the father does not take part in raising his children, he may be deprived of his rights.

During a divorce, the court decides the order of visits and sets the time that the father can spend with the children. But often men disappear from the lives of their offspring, providing only material assistance. Such behavior is not considered the norm and can serve as a basis in court for deprivation of paternity.

This applies, first of all, to the absence of a parent at important events (birthdays, matinees, etc.) and lack of participation in physical and material terms in various situations:

child's illness;
preparation for kindergarten, school;
buying clothes;
visiting educational institutions.

When a parent does not provide financial support, in addition to paying child support, and also refuses to see the child, he may be deprived of paternal rights.

The testimony of witnesses and the child himself will serve as evidence. In cases where the father is not present at the trial and does not try to refute the statement of the ex-wife, the decision is made in favor of the mother.

Abuse of parental rights

Parents do not have the right to force a child to engage in prostitution, theft, or engage in immoral behavior. Abuse of parental rights also includes the father’s refusal to issue permission for the child to travel abroad (on vacation) and a ban on education.

To confirm this basis, you will need to submit documents where the father writes a refusal to allow the child to leave without compelling reasons.

If a parent forces children to steal or use drugs, then testimony from witnesses or the child himself is necessary.

Physical violence against a child deserves special attention. Evidence of beating, rape and abuse of a child is accepted for consideration in court. Such cases are dealt with not only by the court and guardianship authorities, but also by the police.

But it is impossible to deprive a mentally ill father of parental rights. The court considers only those grounds that occurred through the fault of the defendant. Disease does not fall into this category.

The legislative framework

The Family Code of the Russian Federation provides for several laws on which the court is based when considering a case of deprivation of paternity:

Article	Description
Article 56	states that the child has the right to protection, including from the adverse influence of parents
Article 63	Parents have responsibilities for raising their children. They must provide the child with conditions for comfortable living and learning.
Article 66	parents living separately from the child have the right to see him. Children also have the right to communicate with both parents, regardless of the status of their relationship.
Article 69	indicates the reasons why parents are deprived of the rights to raise a child and communicate with him. The list is strict and cannot be changed
Article 70	describes the procedure for depriving parental rights. Indicates that the application can be written by one of the parents, direct relatives and guardianship authorities
Article 71	talks about the consequences of deprivation of parental rights. Describes the rights of the child, father and his relatives after deprivation of parental rights
Article 78	indicates the need for the participation of guardianship authorities in the consideration of the case of deprivation of parental rights

Also, a lot is written about deprivation of parental rights in the Civil Procedure Code of the Russian Federation:

Additional information can be found in Resolution of the Plenum of the Russian Federation No. 10 of May 25, 1998. It indicates which articles must be referred to in order to deprive parental rights.

Deprivation of paternity is a long, morally difficult procedure. In some cases, it cannot be avoided - the child must be freed from responsibility for maintaining a negligent parent in the future. But sometimes it’s worth thinking several times about whether it is necessary to deprive the biological father of the opportunity to see and raise children.

The importance of father's participation in raising a child

In the pursuit of financial stability in the family, men often forget the main value in life - to raise and raise a child. As a rule, in modern families this honorable duty is assigned only to the mother. But such education turns out to be one-sided, because A woman cannot replace a man in all life situations. The father uses different educational functions from the mother. He gives the baby what a woman cannot. In raising children, fathers adhere to logic, consistency and integrity. Whereas mother more often gives in and lifts her own prohibitions after a while.

It is important for a child to observe the behavior pattern of the entire family every day. The father gives the child the opportunity to see how to treat the fair sex, respect elders, love and care for loved ones. When the father, coming home from work, instead of lying on the sofa, is interested in the affairs of all family members and communicates with each of them, the child feels important and self-confident.

Sometimes a mother becomes so attached to her little one that she simply protects him from his father, especially if he shows strength of character in raising the child. This is wrong, because a man strives to raise his son to be a real defender of his future family, strong, strong, and brave. It is clear that the formation of such qualities is tempered in somewhat harsh conditions, which, in the woman’s opinion, may seem too cruel. This behavior of women occurs if the child was sick a lot or was born to women at a fairly mature age. Women whose firstborns were born at the age of 20-25, as a rule, do not have such feelings.

The functions of the father in raising a child

When it comes to a complete family, a man must and must actively participate in the life of his child. Psychologists have identified the most important functions of the father in the upbringing and development of children. These include the following.

Physical development. The father is involved in the formation of motor skills in children under one year old. A man, unlike a woman, is not afraid to engage in active games with such a baby, and both (father and baby) get great pleasure from it. The mother should not take the baby away from the father during tossing up, riding on shoulders and other extreme fun. Such games not only amuse the child, but also stimulate physical development– he will learn to crawl and walk faster, and among other things, he has early years The vestibular apparatus will form and develop.

Thinking. The father, if desired, can become the main assistant in teaching the child to talk. In this case, mother and grandmothers are relegated to the background with their “lisping.” The man, thanks to his brutality, speaks to the baby correctly and clearly. In addition, the father will more effectively teach the child to understand puzzles and construction sets. Close contacts with dad help the baby develop logical, abstract and concrete thinking.

Balance the relationship between child and mother. Closer to 2 years, the child will have to move away from the mother, who was present almost 24 hours a day in his life. This may be due to weaning, the mother going to work, or the baby’s enrollment in a preschool. Fathers can help their child overcome dependence on his mother. Psychologists note that if a man takes on the role of a child’s guide in kindergarten or the initiator of moving the baby to a separate room, then the process of separation from the mother is less painful.

Socialization. The father makes certain demands on the child that must be strictly fulfilled in society. He teaches the child to respect the people around him and behave correctly outside the home. In the process of upbringing, it is from the father that the child learns what approval, censure and punishment are.

Polo your identification. The father's behavior becomes the standard for the boy. Masculinity, confidence, respect for women are the main traits that need to be instilled in your son. But for a daughter, close communication with her dad allows her to quickly understand her female role in life.

A father is a person who complements a woman’s upbringing of a child. Without his participation, the child is deprived of the lion's share of values and concepts in the family; he does not see an example to follow.

The role and authority of the father for the son

A father's example is a life banner for a son. A male model of behavior is formed in the boy’s subconscious. The father, with his authority, sets an example of how to live and what to strive for. A man raising a son needs to monitor his behavior and habits every day. After all, if he makes a mistake, the child will immediately pick up a bad example.

A boy who grew up in a prosperous and complete family often adheres to the same family principles in adult life. A young man’s relationship with the opposite sex depends on how the father communicates with his mother. Attitudes towards women are formed in childhood It is difficult to correct anything using the example of parents in later life.

Most boys, from a certain age, strive to develop a strong and resilient body. A father can help his son choose suitable look sport, which allows not only to increase physical strength, but also to learn accuracy and discipline. Together with dad, the child will go through all the difficult stages of character formation and willpower. At the same time, it is important for a man to encourage his son, praise him for successes and support him in failures.

The role of the father in raising his daughter

Girls perceive their father's upbringing completely differently. An image of a man appears in their minds, which they carry throughout their lives. If a man made every effort, gave all his love and tenderness to his daughter, then she will begin to look for a life partner similar to her beloved dad. A completely opposite situation arises when the father shows aggression in the family, does not participate in upbringing and does not care about the family.

However, we often see situations where a loving dad is ready to do anything for the sake of his little princess. He indulges all her whims, pampers her, fulfills all her wishes and demands, not realizing what mistake he is making. Accustomed to such behavior from her father, the girl grows up capricious, eccentric and spoiled. Subsequently, it will be difficult for her to find a life partner, it will be difficult for her to start a family, and in general, the girl is guaranteed to have problems communicating with the opposite sex.

A father should not spoil his princess, even if he really wants to shower her with gifts and goodies. He can be kind to the girl, but also demand from her depending on her age. A girl needs to see how her father communicates with her mother, to observe their romantic relationship. This picture from childhood will form a pattern family values and relationships with men.

The great merit of fathers in raising their daughters is that they provide the opportunity to learn the world from a male perspective. General family walks are transformed into exciting research activities, where the father teaches his daughter to navigate the area and distinguish between insects and animals. Dad can find clear, truthful and comprehensive answers to his daughter’s inquisitive questions.

The role of the father in patriotic education

In a full-fledged family, where the father plays a leading role, the first rudiments of patriotism are formed in children. IN preschool age kids learn to love their family, care for and protect all its members. The tasks of paternal education include preparing children for life in society and developing their civic skills. It is a man, as a defender of the Fatherland, who can provide the knowledge and skills that determine a child’s outlook on life and the state system.

Patriotic education is a system of socialization of children that allows them to appreciate the importance of the Motherland and learn to protect its resources and nature. It begins in the family and school, where the child is taught to fulfill certain responsibilities and rules. The patriotism of a young citizen is primarily manifested in a spiritual and moral connection with his family. At the same time, the father, with his civic actions and deeds, sets an example for the younger generation of citizens.

Features of raising a child without a father

Unfortunately, the modern state cannot completely protect children from the fact that they have to grow up in single-parent families. There are too many reasons for this: an irresponsible attitude towards choosing a partner, fear of difficulties, parents’ reluctance to adapt to each other’s character. One of the reasons that children grow up in single-parent families is the absence of a man in raising children. If in a family of newly-made parents one of them did not receive enough fatherly love and care, then the children of such parents are probably doomed.

It is difficult for single mothers to raise children on their own, without male support, but they must be patient and create a harmonious and calm atmosphere in their family. A woman should get rid of negative thoughts about her husband’s absence and direct all her strength and energy to raising a child. It is worth noting that this not an easy task and there are several points in it that depend on the gender of the child. For boys, the father is the main guide in life. Its absence makes the baby overly dependent on the mother.

For boys, the father is the main guide in life. Its absence makes the baby overly dependent on the mother.

Of course, a woman can teach her son to be gentle, loyal, kind and sincere. But she cannot become for him an example of masculinity, perseverance and emotional stability. Without a father, a boy may grow up childish, he will not know how to protect himself and his family, and will not be able to control his emotions in difficult situations.

The mother should help the baby find a reference point that will be an example of masculinity and determination. This could be a grandfather or an older brother, but it is best to send the baby to sports section, where the coach is a man. A woman can also motivate her son to help around the house, even if he is just a baby, collecting his toys is not so difficult. The main thing is to encourage the child’s independence and the desire to protect the mother.

The situation is better in raising girls, because they have a mother in their lives - an example to follow. The daughter will quickly learn kindness, responsiveness and other feminine qualities. But problems may appear in adolescence, when puberty and craving for opposite sex. If a girl was raised without a father, then she is unlikely to understand male logic and even the sincere feelings of her peers will be a mystery to her. Therefore, a mother should think about finding a man who will love not only her, but also her little daughter.

Instead of a conclusion

The role of a man in raising children is enormous. The enormous merit of fathers in education is the formation male model behavior for sons, their development as strong and courageous individuals. When raising daughters, the role of the father is no less significant, i.e. he becomes a standard for the girl - an image ideal man, which will be very important when developing a girl’s communication skills with the opposite sex. The mother’s task is not to protect the children from the father, not to strive to combine both parents in herself, but, if necessary, to help establish contact between the children and the husband.

Not every man wears the title “father” with pride. There are often situations when he does not want to fulfill paternal responsibilities in relation to the child. This may be caused by a bad attitude towards his mother, or the man behaves unworthily with children due to his socially dangerous inclinations. Depriving a father of parental rights is sometimes necessary to improve the child’s quality of life.

On what grounds can paternity be deprived?

The reasons that prompted the mother to begin the process of depriving the child’s father of parental rights are not always justified. Some women try to punish the man who offended them in this way. To exclude biased reasons for deprivation of paternity in the Family Code of the Russian Federation in Art. (more details in the article:). 69 describes the grounds for depriving a father of parental rights:

In which court should the claim be filed?

Deprivation of parental rights is carried out only in court. A citizen interested in the well-being of a child, a prosecutor, or an employee of an institution involved in the protection of children’s rights can file a lawsuit.

Cases are heard in the district court, which is geographically related to the place of official registration of the negligent dad. If it is impossible to establish the place of residence of the defendant, then cases of deprivation of parental rights are considered at the place of registration of the plaintiff or the child himself.

What is the procedure for depriving a father of parental rights?

Depending on the grounds that prompted the applicant to go to court, deprivation of rights to children occurs in different scenarios. Before drawing up a statement of claim, you must contact the guardianship and trusteeship authorities (TCA). POiP employees participate in the process, they also check the living conditions of the children.

If the child is 10 years old by the time of the trial, the Department of Public Inspectorate staff will find out his opinion regarding the upcoming procedure. Experts check whether the claims against the parent are justified, what the child wants, and whether relatives influence his decision and the outcome of the case.

The trial takes place with the participation of the prosecutor and guardianship workers in the presence of both parents. The judge carefully examines what evidence is presented by the plaintiff. If a claim is filed by the POiP or the prosecutor's office, the plaintiff's demands are usually satisfied.

In the event of deprivation of the rights of both parents, the POiP must decide the issue of the child’s future place of residence. If one of the relatives wants to foster a child, the possibility of him staying in the family of a potential guardian is considered. If there are no relatives, the child may be placed in a state institution or a foster family for upbringing.

After making a decision to deprive parental rights, the court notifies the civil registry office about this. Employees of a government agency make changes in the civil registration register.

What evidence should be presented in court?

Preparing the evidence base is the first stage of depriving a father of his rights to a child. If he uses cruel methods of education, then you should contact law enforcement agencies. If violence is used against other family members, you should also seek the help of law enforcement agencies and obtain a medical certificate of harm caused to health.

When a parent systematically refuses financial support, enforcement proceedings should be initiated and bailiffs should be involved in solving the problem. To do this, it is not necessary to dissolve the marriage - you can apply for alimony without a divorce. If changes do not occur, it makes sense to initiate the revocation of parental rights so that the child does not have to support a negligent father in adulthood. At the same time, the obligation to support children until they reach adulthood is not canceled.

If dad has bad habits, it is necessary to collect testimony from neighbors and relatives. If a man is registered at a drug treatment clinic, they take a certificate from the medical organization where he was sent. Testimony from educators and educators is necessary to confirm the father’s non-participation in raising children and to establish the identity of the person who is involved in the upbringing.

According to the Code of Civil Procedure of the Russian Federation, evidence for the court must be obtained in a legal manner and documented in accordance with legal norms. The following evidence must be presented in court:

Each specific case requires its own evidence base. It is necessary to collect as many facts as possible that reveal the reasons for depriving the father of his parental rights. Ambiguous wording or insufficient evidence may lead to denial of claims.

If the father, on his own initiative, wants to abandon the child, the court only needs his written statement to deprive him of his rights. The trial process will be easier and faster. There is no need to provide additional evidence. The man may not even come to court.

What documents need to be prepared?

Going to court requires careful preparation and collection of certain documentation. Papers must be prepared in several copies (for each party to the process and for the court). You need to collect the following documents:

statement of claim;
personal documents of the plaintiff and the minor;
certificate of marital status (marriage or divorce);
certificates of place of residence of the plaintiff, child and defendant;
documents characterizing the living conditions of the parties to the process;
conclusion of a medical organization on the psychological state of a minor;
evidence of the defendant’s actions that violate the rights and interests of a minor;
documents on the plaintiff’s income;
characteristics from the child’s place of study;
information from bailiffs about the defendant’s arrears in alimony payments.

The statement of claim is drawn up according to a single template, but may have its own characteristics. The document states the following:

information about the court;
information about the plaintiff and defendant with the obligatory indication of place of permanent residence and contact information;
a statement of the reasons for going to court;
information about the rights of the child violated by the defendant;
links to the evidence base;
applicant's requirements;
listing of attached documents;
date and signature of the applicant.

According to the Code of Civil Procedure of the Russian Federation, in case of deprivation of parental rights, an application can be submitted by the prosecutor or representatives of the Public Educational Inspectorate or the Commission on Minors' Affairs. If the application is not submitted by the child’s mother, the reasons for this are indicated in the claim.

Since the course of the legal process may depend on the correctness of the document, it is advisable to contact an experienced specialist when writing it.

Sample statement of claim:

Documents are submitted during a personal visit to the court to the office or judge. They can also be sent by registered mail with a description of the contents. Once the application is accepted for consideration, a notice will be sent to the plaintiff.

What are the consequences of depriving a father of parental rights?

The consequences of deprivation of parental rights can be viewed from two sides: the child and the negligent father. For a minor, this fact means the following:

The father is deprived of all rights in relation to the minor, but the parent deprived of rights over the children continues to fulfill his duties towards him. The legal consequences of deprivation of parental rights for him are as follows:

The parent will not be able to enjoy benefits due to their relationship with the child. If, for example, he had a tax benefit, then after a court decision he loses it.
The father will not be able to claim the child’s property or financial support from him.
A parent has no right to interfere in the life and upbringing of a child. After deprivation of parental rights, the father does not have the right to restrict the children’s travel abroad, make adjustments to education, or resolve property issues.
The defendant will be required to pay child support for the minor. He will be able to stop payments if the child has a new dad.
A parent may be deprived of housing if the court decides that he poses a threat to a minor living together.
If the father needs to sell property that is partly owned by the minor, he will not be able to do so without the permission of the child's guardian.
He will be denied adoption of other children.

Is it possible to restore my father's rights?

According to the laws of the Russian Federation, it is possible to restore the father's rights. It will be easier to do this if, as a result of the trial, a decision was made not to deprive of rights, but to limit them. After the established limitation period, the defendant will need to provide evidence that the reasons that led to negative consequences, eliminated.

If the father decides to restore his rights after deprivation, he must file a claim with the court. It is necessary to prove that his behavior and attitude towards the child has changed. Sample claim:

However, there are factors that serve as an obstacle to restoring the rights of a minor. Grounds for refusal:

the child was adopted by another man;
the minor does not want to restore relations with the parent (the opinion will be taken into account upon reaching the age of 10);
the father wanted to take the lives of the children and their mother;
the parent did not pay child support;
the man behaves immorally.

If the parent’s rights are restored, the OOiP will monitor the fulfillment of the parent’s obligations. Identification of violations entails the initiation of a retrial. A repeated process threatens that the blood father will be forever deprived of rights to the child. Administrative and criminal liability is applied to persistent violators.

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Participation in raising a child

How can a father prove that he takes part in the upbringing and maintenance of a child during a divorce?

Witnesses can confirm this.

Testimony of witnesses, receipts for the purchase of clothing or other things. Everyone proves differently. It is possible that he pays for clubs and other visits to the child using his card. It all depends on what exactly the father wants to achieve in court.

Good afternoon Receipts confirming expenses for the child, card statements about alimony transfers, witness statements, extracts from the medical record, which indicate who the child was with at the appointment, employee statements educational organization etc. Best wishes to you!

The child’s father is in prison, does not take part in the upbringing, does not help financially, and generally does not maintain any connection with the child. Please tell me what grounds are needed to deprive parental rights?

Deprivation of parental rights Parents (one of them) may be deprived of parental rights if they: evade the duties of parents, including malicious evasion of child support; refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational organization, social service organization or similar organizations; (as amended by Federal Laws dated April 24, 2008 N 49-FZ, dated November 25, 2013 N 317-FZ, dated November 28, 2015 N 358-FZ, dated March 28, 2017 N 39-FZ) abuse their parental rights; children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity; are patients with chronic alcoholism or drug addiction; committed an intentional crime against the life or health of their children, the other parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.

All grounds for deprivation of parental rights are established by Art. 69 of the Family Code of the Russian Federation. However, deprivation of parental rights does not relieve the father of the obligation to pay child support. To deprive your rights, you must file a claim in court. The statement of claim must be accompanied by documents confirming the arguments and circumstances that you will bring in the claim.

The child, born in 2006, lives with his father as determined by the court. The mother does not take part in upbringing. She was ordered to pay alimony. At the moment, the mortgage on them amounts to more than 400,000 rubles. Is a father considered lonely?

No, it does not count if the mother is not deprived of parental rights.

Is it possible to deprive a father of parental rights if he does not take part in raising the child? We have a drug conviction, the child is 7 years old and has never visited him. The child's mother got married and gave birth to a second child. Pays elements 1500

Yes you can. According to Article 69 of the RF IC, “Parents (one of them) may be deprived of parental rights if they: evade the duties of parents.” The responsibilities of parents are established in Article 63 of the RF IC "Parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development their children." Thus, there are grounds for filing a lawsuit to deprive the father of parental rights.

The grounds for deprivation of parental rights are listed in Article 69 of the RF IC. Parents (one of them) may be deprived of parental rights if they: evade the duties of parents, including malicious evasion of child support; refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational organization, social service organization or similar organizations; abuse their parental rights; children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity; are patients with chronic alcoholism or drug addiction; committed an intentional crime against the life or health of their children, the other parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member. To deprive parental rights, it is necessary to collect evidence confirming one or more grounds for deprivation of parentage. rights and then you can go to court with a statement. In your case, evading the duties of a parent is suitable - lack of concern for the health, physical, mental, spiritual and moral development, education of the child, but these circumstances must be proven.

Ex-husband refuses to take part in raising the child, does not communicate with him, is not interested in his life. I haven't paid child support for two years. Bailiffs seized his car. Only after this did he begin to regularly pay alimony. Is it possible to deprive him of parental rights if he regularly pays child support, but does not want to communicate with the child.

Hello Tatiana! To deprive your rights, you need to go to court.

Can. You deprive him of parental rights, and he will continue to pay child support.

Good afternoon. The grounds for deprivation of parental rights are listed in the Family Code of the Russian Federation. Here they are: Article 69. Deprivation of parental rights Parents (one of them) may be deprived of parental rights if they: - evade the duties of parents, including malicious evasion of child support payments; - refuse, without good reason, to take their child from the maternity hospital (ward) or from another medical organization, educational organization, social service organization or similar organizations; - abuse their parental rights; - children are treated cruelly, including physical or mental violence against them, and attacks on their sexual integrity; - are patients with chronic alcoholism or drug addiction; - committed an intentional crime against the life or health of their children, another parent of the children, a spouse, including someone who is not the parent of the children, or against the life or health of another family member. But parental rights can only be deprived in court, and this is not easy! You have every reason to deprive your parental rights! After deprivation of the child, the father will still have all obligations towards the child (for example, to pay alimony), but will not have any rights (for example, to collect alimony in his old age in his favor from the child). Contact a lawyer on our website personally or write to him by email. mail (usually it is indicated under the answer), he will help draw up a statement of claim, give all the necessary explanations, and, if necessary, provide legal assistance until a court decision is made.

Good afternoon Unfortunately, the signs described in your question are not enough to deprive you of parental rights. Advice. We need to start small. Try with restrictions on parental rights, although there are not many chances here, but more than in deprivation. I wish you to take the right step.

Good afternoon, if he pays, then according to the practice of the courts, he is not deprived and, alas, he cannot be forced to communicate.

If the child’s father does not take part in the upbringing, in addition to paying alimony, is it possible to file for deprivation of parental rights.

Hello! According to Article 75 of the Code of the Republic of Kazakhstan “On Marriage/Matrimony/ and Family,” parents are deprived of parental rights if they evade the duties of parents, including maliciously evading payment of alimony. However, this is an exceptional measure, so you will most likely be refused.

How to deprive a person of parental rights who has not taken part in raising a child for more than 13 years. Living in another country, Ukraine? Where to start and where to go? I haven’t filed for alimony, but in order to initiate a case they ask for a certificate that I haven’t filed for alimony in Ukraine. I live in Russia.

Good evening, Anastasia, contact the bailiffs of Ukraine at his place of residence, that is, request a certificate stating that you did not apply for alimony against this person. Based on this certificate, it will be necessary to prove that he does not take part in raising the child. You can try to call witnesses to court, at least two people. There are only 6 grounds for deprivation of parental rights, which must be supported by indisputable evidence: The Russian Federation identifies this form of evasion of parental responsibilities as malicious evasion of alimony payments. In this case, it is not necessary that this fact be confirmed by a corresponding court verdict. It is enough to convince the court of the parent’s constant desire to evade paying child support and to deny their children financial support). Refusal, without good reason, to take your child from a maternity hospital or other medical institution, educational institution, social welfare institution or other similar institutions. Abuse of one’s parental rights (creating conditions that impede or make it impossible for the child to fully develop, the child to receive an education; teaching the child to drink alcohol or drugs; using the child to commit a crime). Abuse of children (cruel treatment of children by parents consists not only of physical, but also mental violence against them. Physical violence is beatings, infliction of physical suffering in any way. Mental violence is expressed in threats, instilling a sense of fear, suppressing any will of the child) . Chronic alcoholism or drug addiction of a parent (chronic alcoholism or drug addiction of a parent must be confirmed by an appropriate medical report. Deprivation of parental rights on this basis can be carried out regardless of the recognition of the defendant as having limited legal capacity through the court). Committing an intentional crime against the life or health of a child or against the life and health of a spouse (in this case, the claim requires a court verdict confirming the crime committed). Procedure. Deprivation of parental rights is carried out in court. The case of deprivation of parental rights is considered upon the application of one of the parents or persons replacing them, the prosecutor, as well as upon the application of the bodies or institutions charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, institutions for children - orphans and children left without parental care). In a trial, circumstances must be proven that indisputably confirm the guilt of the parent and the fact that the change in the parent’s behavior in better side impossible. Deprivation of parental rights does not relieve parents from the obligation to support their child. There also remains an obligation to participate in additional expenses for the child (treatment, education, etc.) Elena Doroshenko. Good luck to you!

The child support worker does not take any part in raising the child and does not even see him; he pays the most minimal child support possible. I am concerned about why the benefit for the loss of a breadwinner is 9,000, but if the father is alive, the child receives 1,200. You can refuse it and receive benefits.

A survivor's pension is awarded only in connection with the death of the parents (parent), or if the parents (parent) are recognized as missing in accordance with the procedure established by law.

Good afternoon, it all depends on the person, and what he does not raise your child, it all depends on him, receiving alimony depends on the salary, you file a lawsuit to file an application for alimony, the court decides and makes a verdict on the placement of funds in accordance with the law , up to 18 years old.

Can I deprive the father of a child of parental rights for non-payment of child support? He is not involved in raising the child, has never been to school, and does not wish him happy birthday. I live in Kaluga, he is in Moscow with another family.

Failure to pay child support for more than six months is one of the grounds for deprivation of parental rights. In your case, there are other reasons (non-participation in education). There is a legal perspective. Therefore, you can file a corresponding application with the court.

Good afternoon. That's a very difficult question. The mere fact of non-payment of child support is not a reason for deprivation of parental rights. It is necessary to file an application with the court on this fact and in the trial the reasons for the father’s non-participation in raising the child, non-payment of alimony will be established, and after the meeting the court will come to a certain conclusion.

I'm 55 years old in April. Our region, which is equal to the north, took part in raising a child with disabilities and can retire earlier.

Promotion table retirement age Source: website posobie-expert.ru On January 1, 2019, a new pension reform will come into force, according to which the retirement age for men will be increased to 65 years, and for women - to 60 years. The increase will occur in stages - in annual increments, however, in the first two years of the transition period (2019 and 2020), citizens will be able to retire early (6 months earlier than the new retirement age). The retirement age is planned to increase by 5 years. That is, in 2023 it will be 65 and 60 years for men and women, respectively. The first to retire at this age will be men born in 1963 and women born in 1968. Such adjustments were made to the bill by Vladimir Putin on September 6. In August 2018, the president addressed the citizens of the Russian Federation, in which he proposed measures to mitigate the new pension reform. The remaining adjustments are listed below: Possibility of early retirement for mothers of many children. Women with three children will be able to retire three years earlier than the established period, if four children - four years earlier, for women with five or more children the possibility of retiring at 50 years will remain. Benefits for citizens who, according to the old legislation, were supposed to retire in the next two years - the right to apply for a pension six months earlier than the new retirement age. Establishing administrative or even criminal liability for employers for dismissing employees near retirement age or refusing to hire such citizens because of their age. Increase maximum size unemployment benefits for citizens of pre-retirement age from 4,900 rubles to 11,280 rubles, starting from January 1, 2019, the payment period will be set at one year. Leave the current conditions for granting pensions for the indigenous peoples of the North unchanged. Introduction of a 25 percent supplement to the insurance pension for non-working pensioners living in villages whose experience in agriculture is at least 30 years. Decrease length of service, giving the right to early retirement for three years, that is, for women it will be 37 years, and for men - 42 years. Maintain all federal property benefits, as well as tax benefits in effect as of December 31, 2018, throughout the transition period. Before this, it was planned that the age for receiving an insurance (labor) pension would increase to 65 years for men and 63 years for women. The transition period was supposed to end in 2028 and 2034 - for men and women, respectively. Pension assignment table under the new reform Let us recall that in 2018 women can apply for insurance pension for old age from the age of 55, and for men - from the age of 60 (not counting preferential categories of citizens whose pension can be established early). The changes will not affect citizens who have already been assigned a pension - they will continue to receive the required social and pension payments , all purchased benefits will also be retained. Also in the bill, the Government provides for the possibility of early retirement after developing a long work experience (at least 40 years and 45 years for women and men, respectively). In this case, it will be possible to start receiving a pension 2 years earlier than the established period, but in any case not earlier than men reach 60 years of age and women reach 55 years of age. Retirement table from 2019 The increase in working age will occur smoothly, which means that many citizens will begin to receive an old-age insurance pension during the transition period. These include: women born 1964-1967; men born 1959-1962. Russians born after this period will retire upon reaching the new established age (60 and 65 years). Table of increasing the retirement age in Russia for women Year of birth Year of retirement under the new reform New retirement age, years How much will the retirement age increase 1st half of 1964 2nd half of 2019 55.5 +0.5 years 2nd half of 1964 1st half of 2020 55.5 +0.5 years 1st half of 1965 2nd half of 2021 56.5 +1.5 years 2nd half of 1965 1st half of 2022 56.5 +1.5 years 1966 2024 58 +3 years 1967 2026 59 +4 years 1968 2028 60 +5 years *The table already contains amendments proposed by V. Putin. Table of increasing the retirement age for men Year of birth Year of retirement under the new reform New retirement age, years How much will the retirement age increase 1st half of 1959 2nd half of 2019 60.5 +0.5 years 2nd half of 1959 1st half of 2020 60.5 +0.5 years 1st half of 1960 2nd half of 2021 61.5 +1.5 years 2nd half of 1960 1st half of 2022 61.5 +1.5 years 1961 2024 63 +3 years 1962 2026 64 +4 years 1963 2028 65 +5 years *The table already contains amendments proposed by V. Putin. Who will be affected by the increase in retirement age? The working age will increase not only for citizens applying for an old-age insurance pension. The age for assigning a social pension to disabled citizens will also change. Citizens who do not have sufficient work experience to receive an insurance pension will retire not at 60 years (for women) and at 65 years (for men), as is currently provided, but at 65 and 70 years, respectively. However, the social disability pension will continue to be awarded regardless of age. The retirement age will also be increased for the following categories of workers retiring early: For workers working in the Far North and areas equivalent to such areas. For this category of citizens, the retirement age will also increase by 5 years. After the transition period, Northern workers will retire not at 50 and 55 years old, but at 55 and 60 years old, respectively. For citizens working in the pedagogical, medical and creative fields, the age of entry to early retirement will be increased by 5 years. The new retirement age will be determined based on the date of completion of the required length of service: in 2018, these categories of workers need to develop work experience of 25 to 30 years - this preferential length of service remains unchanged under the new law; the age at which the length of service necessary to assign an old-age insurance pension will be completed is fixed, however, to retire after completing the length of service, another 5 years must pass (starting from 2026) or less if a citizen applies during the transition period (for this category persons, the year of retirement can be seen in the table below). Year of completion of the required length of service New deadlines for assigning an old-age insurance pension after completing the length of service 2019 no earlier than 1 year 2020 no earlier than 2 years 2021 no earlier than 3 years 2022 no earlier than 4 years 2023, etc. no earlier than 5 years *For citizens who were supposed to apply for a pension in 2019 or 2020, it may be possible to do this 6 months earlier than the prescribed period. The decision will be made in the second reading of the bill in the fall of 2018. The retirement age will not be increased for citizens working under difficult and harmful conditions, as well as for persons whose pensions are assigned for social reasons or due to radiation exposure. The draft law also provides for an increase in the growth rate of the retirement age for civil servants - one year per year, starting in 2020 (recall that the retirement age for civil servants has already been increasing since 2017, but at a slower pace - six months per year). The retirement age will not be increased for: Employees working in hazardous and hazardous working conditions, for whom the employer pays the required contributions at the rates established when assessing working conditions. Persons retiring earlier than due due to health or social reasons. Citizens who have been exposed to radiation or suffered as a result of man-made disasters. Former flight test personnel (men and women) who were directly involved in testing aviation, space, aeronautical and parachute equipment. A complete list of categories of citizens for whom an increase in the retirement age is not provided is provided on the official website of the Pension Fund.