Why can a mother be deprived of her maternal rights? Deprivation of parental rights of a mother: grounds and reasons according to the RF IC. What is it

The question of how to deprive a mother of parental rights is raised less often than in relation to fathers. But sometimes it happens that a judicial organization deals with such an issue. The main thing is not to make mistakes and act in the interests of the child.

Depriving a mother of parental rights is an extreme measure in relation to her and the child. But there are reasons for taking such a step. Cruel treatment of the baby, gross neglect of one’s responsibilities, commission of a crime - all this forces the court to deprive the unfortunate mother of her rights to him. But no one is going to cancel their maintenance responsibilities.

The process is regulated by the Family Code. Although the court makes such a decision quite rarely, there are reasons why a mother is deprived of parental rights. The list includes:

Gross and systematic evasion of parental responsibilities, non-participation in the life of the child. If the child is hungry; he is deprived of food and constantly lacks clothes for the season, and what he has is donated by neighbors or acquaintances; if he is not treated when he is sick; he regularly misses school only because he has nothing to wear or he has to work - parental responsibilities are not properly fulfilled.
Abuse of parental authority and rights. Inclination to theft, prostitution; forced to earn money by selling your body or participating in the filming of porn films; forced begging; physical and psychological violence; humiliation of human dignity is what this concept includes.
Refusal to remove a minor child from educational or medical institutions without any reason. These include maternity hospitals, boarding schools of any type, hospitals, orphanages, orphanages.
Sexual assault on a child, regardless of age (under 18 years) and gender.
Alcoholism or drug use, including substance abuse. But the diagnosis must be established and confirmed by a narcologist.
Any crime that is directed against the health or life of a child (children) or spouse. Attempted murder, infliction of bodily harm of any severity, criminal negligence that led to death or other consequences, incitement to suicide. The crime must be intentional.

The grounds for depriving a mother of parental rights are strictly limited to the above list. But the court can immediately remove a child from the family only in one case, if his health or life is in danger. In all other cases, the court most often partially limits the mother’s rights, but does not completely deprive her. And only if her behavior worsens, and the child suffers more, are the rights withdrawn in full.

Some additional clarification on the grounds

In order for a mother to be deprived of parental rights, her guilt must be obvious and proven. She cannot be deprived of rights in relation to the child if the mother does not fulfill parental responsibilities properly due to mental illness or temporary disorder, which must be officially confirmed. Mental retardation is also not a reason for deprivation of parental rights, nor is the presence of a chronic disease acquired without the woman’s fault. In such cases, the defendant’s rights can only be partially limited. Guardians are found for the child and the minor is transferred to their family.

Refusal of the mother to take the child home from educational or medical institution temporarily may be dictated by completely valid reasons. Firstly, there may not be a house as such, that is, she herself has nowhere to live. Secondly, the mother may be in serious condition due to illness or injury, and there is no one else to look after the child; in short, insurmountable obstacles have arisen. In this case, he is temporarily left in a children's institution until the problems are resolved. In this case, the mother is not deprived of parental rights; she must be discharged from the medical institution or do everything necessary to equalize the situation.

The legal cases of deprivation of the rights of a woman who abuses strong drinks or inhales toxic substances in order to become intoxicated are ambiguous. In order for her to be deprived of parental rights, the disease of alcoholism or substance abuse must be chronic, proven and confirmed by a narcologist. She must repeatedly undergo inpatient treatment at a drug treatment clinic. And only on the basis of a doctor’s conclusion that a woman is incurable can they try to deprive her of parental rights. If we are talking about ordinary everyday drunkenness, which has not been officially confirmed, there are no grounds for such a step.

A woman who has committed a crime through negligence cannot be deprived of parental rights. If there was no malicious intent in it, there is no reason.

They, that is, the grounds, are absent even if the mother does not work. And even imprisonment is not a reason for depriving parental rights. In this case, the lack of maternal care is completely justified - she is in prison.

In order to file an appropriate claim, you should know exactly why a grief-stricken mother can be deprived of parental rights, otherwise it may be rejected.

List of persons who can submit statement of claim to deprive a mother of parental rights is strictly limited. It includes:

The father of the child in relation to his wife - present, former or common-law. But he must be officially registered in the documents of a minor. Otherwise, before depriving the mother of parental rights in favor of the father, paternity will have to be proven using DNA testing.
The one who replaces parents is guardians or trustees.
Prosecutor's office employee.
Representative of the institution that protects the rights of minors in this locality. Most often this is the Guardianship Council.
If the reason for deprivation of parental rights was the mother’s unlawful refusal to pick up the child from a medical or educational institution, a representative of its administration can submit an application.

Apart from the above persons, no one can file an application to deprive a mother of parental rights.

The procedure for depriving a mother of parental rights

Where to start depriving a negligent mother of parental rights? In case of inappropriate behavior or systematic violations that provide grounds for depriving a woman of parental rights, first a statement of claim is filed in court from any person from the list of persons entitled to this. The application must be accompanied by relevant documents and be correctly drawn up (following the sample). At the end, you should write down the requirements.

The statement of claim is filed at the place of actual residence of the mother. If the child lives with his father or other relatives, then at their place of residence. If the mother's location is unknown, the last known address is taken into account.

The court considers the case, examines all the circumstances and makes a decision. Representatives of the Guardianship and Trusteeship Council or another organization that protects the rights of minors, as well as the prosecutor’s office, are required to attend meetings.

At the court, if the requirements of the claim for deprivation of parental rights are satisfied, the issue of collecting alimony from one of the child’s parents is simultaneously resolved. Deprivation of rights to a minor does not deprive the father and mother of their responsibilities to provide for him.

As soon as the court decision to deprive the mother of parental rights comes into force - within three days to the district registration organization civil status(RAGS) a corresponding extract is sent. The document arrives at the civil registry office where the child’s parents received his birth certificate.

Next, the child is taken away from the mother. If the father is absent, or if he is also deprived of parental rights, he is assigned to an educational institution that will correspond to his age. This could be an orphanage, an orphanage or a boarding school. Then they will look for adoptive parents, guardians or trustees for him.

The latter can be any relatives of the minor who are over 18 years of age. These could be grandparents on both sides, aunts, uncles, cousins or siblings. If they meet all the requirements of the law, the child will be given to them to raise. If a minor child has a father and documentary evidence Given this fact, the baby stays with him, even if he is lonely. If the father and mother are divorced and do not live with the child, the man is notified of the fact.

The procedure for depriving a mother of parental rights is approved by law and cannot be violated.

In addition to the statement of claim itself, the following documents are required for filing in court:

Documents confirming marital status, that is, a marriage or divorce certificate.
Documents that confirm the child’s relationship and its degree. For example, a birth certificate indicating the mother and father.
Certificate of arrears in child support, if the mother paid it according to a court decision or settlement agreement. The document can be obtained from the bailiff in the enforcement service. But if a woman provides evidence that the reasons for non-payment, and as a consequence, the formation of debt, were objective, for example, serious illness, financial problems, the presence of other dependents, no additional sanctions will follow and she will not become a malicious alimony recipient.
Documents that can confirm the mother's antisocial behavior. For example, these could be copies of reports from the police station, certificates from emergency rooms, which indicate that the defendant caused bodily harm to a child or other persons. Will also fit sick leave, which were opened by such victims, as well as decisions from other court hearings against the woman.
A certificate stating that the defendant is registered in a drug treatment clinic as a chronic alcoholic, drug addict or substance abuser.
Testimony of employees of educational, preschool or school, as well as medical institutions, guardianship and trusteeship services, neighbors, acquaintances, relatives and other persons who can say something on the merits of the case. Negative reference from the defendant’s place of study or work.
Conclusion of a professional psychologist about the absence of maternal attachment to a child under 3 years of age.
A statement written and signed by a minor child over 10 years old stating that he does not want to live and communicate closely with his mother. His opinion will definitely be asked during the hearing - he must express it. Questions can only be asked to him in the presence of his legal representative and a child psychologist.

The court has the right to request additional documents during the hearing if they can help make a fair decision in the case.

The list of people who have the right to file a claim for deprivation of a woman’s parental rights in court is very limited and, apart from the persons indicated in it, no one has the right to do this; this is regulated by the relevant articles of the Family Code. Grandparents, other descendant relatives, close people, and family friends cannot file a claim. But they are able to contact the service for protecting the rights of minors and report an offense and complain about lack of care for the baby. And representatives of this service, in turn, will be able to file a claim. But the facts described in the application to the guardianship and trusteeship service must be proven. In general, the child himself is indicated as the plaintiff in the application, and the one who actually submits it is simply his legal representative.

The grounds on which a negligent mother can be deprived of parental rights are interpreted strictly and clearly. Even if the house is dirty or the defendant does not know how to cook, this is not evidence of evasion of parental responsibilities, and there is no point in starting the process.

If a woman has several children, cases should be initiated based on their number if they are going to deprive her of parental rights in relation to all of them. But at the same time, there will be an individual approach to each case, and if the court considers that the rights of only one minor are being grossly violated, the mother will be deprived of her rights only in relation to him. It is also impossible to deprive a woman of her rights to an unborn child.

The presence of an employee of the service for the protection of the rights of minors and a representative of the prosecutor's office is required. During the hearing, the further place of residence of the child is determined and the issue of collecting alimony payments, as well as their amount, is considered.

The judicial organization is very reluctant to deprive the mother of parental rights; it is considered that this is an exceptional measure. There will be no special consideration if the child over 10 years old indicates in the application that he categorically does not want to live with his mother and there are compelling reasons for this, or if evidence does not emerge that the woman poses a threat to his health and life. In all other cases, the court, especially if a woman is involved for the first time, is limited to lighter measures. These include the mother receiving a warning from the authorities protecting the rights of minors or partial restriction of rights. The next statement of claim on this issue can be filed only after 6 months from the date of the verdict. It is believed that this is sufficient time to correct the situation. Final deprivation of parental rights occurs only when the mother is considered incorrigible.

From the moment of making changes to the birth certificate of a child, guardianship can be issued over him using a copy of the court verdict. But adoption is allowed only 6 months after that.

Many factors influence the consideration of a case. But some, despite misconceptions, have absolutely no effect. This is the presence of the official status of a single mother, the age of the mother herself is under 18 years old, and marital status.

A mother can independently abandon her child only once - in the maternity hospital. Then she can only be forcibly deprived of parental rights, but she is not deprived of her responsibilities towards him even in this case.

If the mother has been deprived of parental rights, she can apply for their restoration 6 months after the verdict. But success can only be achieved if the child was not adopted in time. She will not be able to restore parental rights and cancel the previous court decision even if the child reaches 18 years of age, that is, the age of majority. The court takes into account all the circumstances - whether the mother underwent treatment for alcoholism or drug addiction (substance abuse), whether she changed her lifestyle and behavior, or got a job. The opinion of the child himself has considerable weight - the court will definitely ask him about his desire to live again with his mother.

High probability of satisfaction lawsuit deprivation of parental rights to a negligent mother occurs if a daughter or son under 3 years of age lives without her for 6 months or more. Of course, if the reason for separation is not a valid reason, but only the desire of the mother. In order to record the fact that the child is living without her, you should contact the guardianship and trusteeship service - they will draw up an appropriate act.

If a mother regularly leaves her baby alone without the supervision of relatives or loved ones, and she herself “goes on a spree,” this is a reason to contact the police.

If there is no way to establish her whereabouts, and the child for a long time lives with other relatives - you should file a wanted report. Moreover, you can file a claim to search not only for her, but also for her property. In this case, it will be subject to arrest and sale. And the proceeds will go toward alimony payments. A claim for child support can be filed before the mother has to be deprived of her parental rights without her consent.

The mother, even after deprivation of parental rights, can contact the child, see and communicate with him, but only with the consent of his legal representative (guardian, trustee, father, service for protecting the rights and interests of minors), and if such meetings do not negatively affect physical and mental health of the baby. Otherwise, the meetings are terminated, but only by court decision.

This is one of the most complex procedures in family law. After all, you need to find the fine line between the mother’s guilt and innocence, and most importantly, not make a mistake in relation to the child. Therefore it is quite long. Medical and psychological examinations of both parties, research and analysis, involvement of guardianship and trusteeship authorities, a lot of witness testimony may be required, in short, preparation takes a lot of time. That's why total term It’s hard to name, but at least 1-2 months is at best. It happened that the process lasted for 6 months or a year. It can be speeded up by contacting an experienced lawyer and learning about the whole process step by step, or by independently delivering the documents to the authorities, ensuring that the necessary examinations and other things are carried out as quickly as possible.

What to do if it is worth depriving the mother of parental rights, but there are no direct grounds for this?

IN Russian legislation the list of reasons for such a step is very limited. But there are situations when the health and life of the child is in considerable danger, and the mother does not fall under any of the points.

In this case, you should contact experienced lawyers and try to collect a sufficient amount of evidence that will force the court to recognize the need to deprive the mother of parental rights before the child becomes disabled.

Consequences of deprivation of parental rights for mother and child

If the child has a father ( ex-husband) or other relatives who are ready to take care of him - most likely the court will leave him with them. The only caveat is that the father must be officially recognized, and relatives will have to become guardians. Child support will be paid from the parent deprived of rights.

As for the mother, the consequences for her will be as follows:

Loss of any rights to the child, and consequently, benefits and government benefits. If there were three children, and the family was considered to have many children, with the deprivation of parental rights to one of them, the status is removed and all the privileges that were associated with it, including eviction from preferential apartments.
Collection of alimony payments in favor of a child.
Possible separation from him (sometimes the right to live together is retained if the minor is not in danger, but under the close supervision of the guardianship and trusteeship service). In this case, a guardian from among relatives is appointed for the child.
The child retains all the rights he received at birth. This is the right of inheritance, exploitation of residential premises, ownership of the house or apartment where you previously lived.

If the mother has repented of her behavior and it did not become dangerous to the health and life of the child, she can consult with an experienced lawyer to choose the right course of action in court. Alternatively, you can hire a lawyer as your own representative and try to rehabilitate yourself in the eyes of your child and regain his love and trust.

To understand how to deprive a mother of parental rights, you need to contact legal norms family and civil law. Detailed instructions Of course, it is not spelled out in them, but the main points related to this procedure are quite clearly explained.

It should be noted that in order to deprive a mother of her legal rights, very compelling reasons are necessary related to the life activity of the children born or adopted by her.

Prerequisites for starting the process of deprivation of maternal rights

After reading the legislation, we can conclude that the main grounds for depriving a mother of parental rights are:

Inadequate fulfillment of parental obligations, which may manifest itself in the absence of:

- educational process (teaching culture of speech and behavior in society, development of moral and ethical qualities, games, educational trainings); - care (feeding, bathing, constant supervision, health care); - material maintenance (purchase of things, clothes, toys , food products).

Systematic use of alcohol, narcotic and other substances that have an intoxicating effect on the body, as well as causing addiction.
Misuse of household funds. For example, if a child lacks necessary things (food, clothing), finances are constantly spent on satisfying the mother’s personal needs (purchasing perfumes, haberdashery, jewelry).
A riotous lifestyle and immoral behavior, expressed in the use of obscene language, periodic stay in the company of “dubious” individuals, visiting gambling and drinking establishments.
Negligence towards the safety of a child. For example, if a mother allows herself to leave her baby alone with strangers, or alone (at a store, on playgrounds, in institutions, at home). Since a small family member cannot properly assess the level of danger (height, electricity, boiling liquids and heavy objects), he needs constant supervision until he reaches a certain age.
The presence of pathologies expressed in mental disorders or physical injuries. When a mother has such deviations, she is not able to fully manage her civil rights and perform duties related to the educational process and maintenance of children. In most cases, she is assigned a disability group corresponding to the degree of the disease.Deprivation maternal rights, in this case, is done extremely rarely, basically it all comes down to their restrictions on living together and choosing an educational program.
Illegal actions towards your child, which include:

- insults;

- torture;

- use of child labor for profit;

- inducement to acts of a sexual nature;

- other actions on the part of the parent leading to mental disorder and impairment physical development children.

A mother is also deprived of parental rights when she deliberately abandons her children, leaving them in one or another government institution (educational, medical, social). Separately, it is necessary to consider the situation in which the child remains in the maternity hospital.

Leaving the baby by the mother in the maternity hospital

It often happens that newborns remain under the care of medical personnel. If this happens because the baby is diagnosed with a congenital pathology, then the mother cannot, since such a reason is valid.

But it also happens that immediately after birth, the mother refuses to take her child. In this case, she writes an application addressed to the head of the maternity hospital, who, in turn, transfers it to the guardianship authorities.

Guardianship employees are preparing an appeal to court, where a specific reason is indicated that allows a woman to be deprived of motherhood.

A similar scenario is envisaged when newborn children are thrown into a perinatal center or left there, without any explanation from the mother.

If the above reasons are seen in the behavior of a woman who has natural or adopted children, then they must be documented by contacting the appropriate authority. This can be done by guardianship authorities, prosecutors, close relatives and, of course, a father who has positive qualities and wants to exercise control over the educational process, as well as support his child financially.

Documentary evidence of the grounds necessary to deprive a woman of maternity

The procedure for depriving a mother of parental rights involves a trial in which testimony is heard and the documents provided are examined in detail. Regarding what exactly the violation of the law is, the authority at which officially certified evidence must be obtained is determined.

For example:

if cruel treatment has occurred, the father should not delay visiting the police station and conducting a medical examination of the baby’s health. Law enforcement agencies conduct an investigative verification of the authenticity of this fact, after which the materials are submitted to the court. Based on these documents, the judge makes a decision to bring the mother to justice. criminal liability under the article charged to her. This verdict will serve as a compelling argument for depriving the convicted woman of the rights to raise and communicate with the child;
when children are left in a medical or other government institution, the mother’s refusal or extracts from the registration logs maintained by employees of the guardianship and trusteeship department are provided to the court;
the father has complaints against the mother about her lifestyle and treatment of children. To judgment was ruled in his favor, he needs to obtain testimony from citizens who can confirm these facts (neighbors, teachers, psychologists, acquaintances). Explanations are recorded on paper and confirmed verbally in court proceedings. If the mother has a drug or other addiction, for which she is registered at the dispensary, then you need to obtain certificates from the doctor. The use of antidepressants, indicating the presence of nervous breakdowns, can be proven by contacting a pharmacy worker;
When children live with their father or mother, they are not provided with funds for their maintenance. Deprivation of maternal rights occurs on the basis writ of execution, for which there is a debt, as well as the testimony of the bailiff carrying out the collection;

It is important to understand that the more information characterizing the mother from the negative side is considered during the court hearing, the greater the chances of a decision being made. the right solution. Therefore, it is advisable to attach to the statement of claim any, even insignificant, sources of information (audio and video recordings, photographs, characteristics), and also to involve as many witnesses as possible in the case.

If the reasons for deprivation are sufficiently compelling, then the dysfunctional parent is removed from the opportunity to contact his child. This circumstance affects many aspects of his life.

Consequences of loss of maternal rights

After the court's verdict, deprived of rights The mother does not have the opportunity for the child:

live with him in the same living space. The baby goes to be raised by his father, organs social protection, or other persons wishing to engage in his training and maintenance, on the basis of the official establishment of parental rights;
participate in its development personal qualities, as well as in identifying educational and other institutions involved in social adaptation and instilling life skills;
spend free time in his company (walks, trips, games);
receive payments from the state intended for its full development ( child benefit, one-time financial assistance, maternity capital);
count on financial support from him in the event of loss of ability to work or reaching a certain age.

Despite the loss of rights, parental responsibilities do not disappear. This means that you will still have to support the child by regularly paying cash in favor of the one who will support him (father, boarding school, foster parents).

An important point is the issue of real estate. If the baby lived in an apartment with his mother, then he retains the right to stay there subsequently, but she, under certain conditions, can be evicted.

Restoration of parental rights is possible only when the mother eliminates the causes of deprivation. To do this, she will need to provide testimony from witnesses, as well as recommendations from the guardianship authority. However, if the child has already been adopted, or he has reached the age of majority, such a request will be denied.

Whatever the reasons, before depriving the child’s mother of parental rights, you must definitely think about how this will affect his mental state, because all children selflessly love their parents, regardless of their behavior.

Grounds for deprivation of parental rights

Relatives of a child often wonder how to deprive a mother of parental rights if she does not work. According to the Family Code, such grounds are not sufficient to terminate the mother’s participation in the children’s lives. The presence of the mother in places of serving a prison sentence is also an insufficient reason: the failure to fulfill her duties towards the children in this case has objective reasons.

The procedure for depriving parental rights is regulated by the Family Code, namely its
12th chapter.

The grounds that allow you to begin the process of depriving the mother of her rights are spelled out in
Article 69, in accordance with which it is possible to stop the participation of a negligent mother in the lives of children:

the mother avoids fulfilling her direct parental responsibilities, including refusing to pay child support;
a mother, without a good reason, “forgets” to pick up her son/daughter from the maternity ward, educational institution, medical organization, social security institution or other similar organizations;
abuses his/her legal parental rights: for example, does not give consent to take children abroad for treatment/rest;
encroaches on the sexual integrity of a child, exercises mental and/or physical violence against him, or cruelly treats him;
is sick with chronic alcoholism or suffers from drug addiction;
committed an intentional serious crime against the life and health of her spouse and/or children.

How to deprive a mother of parental rights during a divorce? It is necessary that her behavior falls under one or more of the above points.

Procedure for deprivation of parental rights

Article 70 of the Family Code regulates the procedure for terminating the rights of a mother in relation to a child.

Deprivation of parental rights is possible only by court decision. Such cases are considered based on an application, which can be submitted either by the father, or a person in loco parentis, a prosecutor, or bodies or organizations protecting the rights of minors.
The case is considered only in the presence of a prosecutor and a representative of the guardianship authorities.
During the legal battle, the procedure for collecting alimony from a mother deprived of parental rights is determined.
If, during the consideration of the case, signs of a criminal offense are discovered in the mother’s actions, the prosecutor must be notified of this fact.
After the decision on deprivation of rights enters into legal force, the court undertakes to send an extract from this decision to the registry office at the place of birth of the child.

This is the procedure established by law.

Consequences of deprivation of parental rights

It is important not only to know how to deprive a mother of parental rights if she drinks, abuses her rights, violates her duties, or abuses her son/daughter. It is also necessary to understand the consequences of this action, which are described in
71st article of the Family Code.

The mother loses all legal rights given to her at the birth of the child: the right to receive funds for his maintenance, state benefits and benefits.
At the same time, the obligation to support your child is not canceled.
The decision on the possibility of a mother living together with a child who is no longer hers is determined by the court, based on the norms of housing legislation.
The child retains all property rights given to him on the basis of kinship with his mother: the right to inheritance, use of residential premises and the right of ownership of it.
If both parents are deprived of parental rights or if it is impossible to transfer the child to the father, he is in the care of the guardianship authorities.
Adoption of a child by a third party is possible no earlier than six months after the mother loses her parental rights.

Thus, having deprived the mother of parental rights, she is not released from parental responsibilities.

Instructions

Let us consider in detail what is needed in order to start a lawsuit against a negligent parent.

The father, adoptive parent or guardian must file an application with the court to deprive the mother of parental rights. Non-relatives can also act as plaintiffs: school teachers, neighbors or educators, having previously submitted an application to the guardianship authorities. After the inspection, the organization can also file a claim.
The application is submitted to the court at the mother’s place of residence. If there is no information about the location of the latter, then at the last known address.
It is necessary to provide evidence that will be sufficient grounds for depriving the mother of parental rights. Please note that non-participation in the lives of children and non-payment of child support may be due to objective reasons: financial problems, life troubles or illness. In this case, the claim is unlikely to be satisfied.
Therefore, try to collect as much documented evidence as possible: witness statements, certificates of the mother’s registration with the police, a drug treatment clinic. In general, everything that will indicate immoral behavior of the defendant. Make inquiries at tax organization, pension fund, passport office.
The child’s opinion is also taken into account in court: no matter how difficult it is psychologically, he must make a statement about his desire to abandon his parent.

Please note that the mother, even without parental rights, has the right to contact the child, but only with the consent of the guardianship authorities, the father or guardian, adoptive parents and provided that the meetings do not have a harmful effect on the child.

If the court decides that the child must be forcibly taken away from the mother, this procedure is carried out in the presence of the guardianship authorities.

Restoration of parental rights is also possible. Similar cases are considered in judicial procedure. When making a decision, the court is guided by the opinion of the child, looking at whether the mother has changed her behavior, lifestyle, attitude towards the child, and whether she has undergone treatment (for alcoholism, drug addiction). To restore rights, the mother must file a claim in court. The process will take place in the presence of the prosecutor, guardianship and trusteeship authorities. Refusal of the claim is possible if restoration of rights would be contrary to the interests of the child/children. If the child was adopted by a third party, restoration of the rights of the biological mother is impossible.

In general, depriving a mother of parental rights is the most extreme sanction. Therefore, the court is extremely reluctant to satisfy such claims. In any case, try to resolve the matter peacefully: perhaps you can reach an agreement with the parent without going to court.

The Family Code of the Russian Federation allows the mother or father of a child to be deprived of parental rights under certain conditions. The process is carried out by the court on the initiative of officials, the second parent or guardians. Such actions are interpreted as an extreme measure aimed at protecting the interests of the child (and restoring parental rights is much more difficult than losing).

The legislation prescribes the grounds for initiating such a procedure, which, in accordance with the Family Code, must be supported by documentary evidence. Download articles 69-71 of the RF IC regulating the main issues of deprivation of parental rights, it is possible.

Reasons

The answer to the question why a mother can be deprived of parental rights is described in Article 69 of the RF IC. This requires legal grounds. So, the reasons for depriving the mother or father of a minor of parental rights:

evasion of parental obligations, malicious evasion of alimony payments is also taken into account - this implies systematic failure to fulfill responsibilities in raising and maintaining a child;
lack of valid grounds for refusal to pick up a child from the maternity hospital, other medical, educational or social organizations and institutions;
abuse of parental rights is an obstacle to the child’s development and education;
cruelty, psychological or physical violence, sexual assault;
alcohol or drug addiction;
intentional commission of a crime against a minor or other family member.

It is permissible to deprive a mother of parental rights to a minor child only in accordance with the grounds presented. Their indication in the statement of claim must be supported by written evidence and testimony. The court does not stop at examining the basis alone. The situation is considered as a whole, taking into account all factors that can influence it both positively and negatively.

Procedure

To deprive a father or mother of parental rights, a certain procedure is followed. The procedure depends on the circumstances under which the process is initiated, as well as on its initiators.

If a crime is committed against a child or cruel treatment is recorded, contact to law enforcement agencies. The medical institution records the damage caused to the minor - beatings, wounds, and other signs of violence. With a medical examination, a statement is submitted to the police. Based on the results of the consideration of the case, a decision is made to initiate criminal proceedings and transfer the case to court or to refuse.

To the bailiff service apply for evasion of alimony payments. The corresponding court decision has the legal force of a writ of execution. A preliminary check is carried out by bailiffs and if a malicious evasion is discovered, the case is sent to court. And if a parent evades the instructions, it is permissible to deprive him of parental rights.

In order to deprive a mother of parental rights on the basis of alcohol or drug addiction, evidence is collected. These include medical indications, negative characteristics from the place of work, testimony. Documents are transferred to the guardianship and trusteeship authorities, which initiate an inspection of living conditions and other factors affecting the child’s development. If they provide sufficient grounds to deprive the mother of parental rights to the child, an assessment is made and the case is sent to court.

If a minor is over 10 years old, deprivation of parental rights is not allowed without the expressed consent or disagreement of the child. The guardianship and trusteeship authorities are interested in his opinion, and also determine the freedom of his expression - the absence of coercion on either side.

Based on the results of the received assessments and documents, a statement of claim is drawn up, and the case is sent to the district court at the defendant’s place of residence. The plaintiff in this situation exempt from paying state duty. As a result of considering the case and the evidence presented, the court decides to deprive the mother of parental rights, apply another form of child protection, or refuse to satisfy the claim.

Deprivation of the rights of a single mother

Cases of deprivation of parental rights are considered in court and can be initiated either by the second parent or by third parties - the prosecutor, guardianship authorities or other organizations responsible for the protection of minors.

The procedure for depriving parental rights is no different for both parents or a single mother. If the above grounds are proven, the child is transferred to the care of the guardianship authorities.

Deprivation of rights to a child in marriage

A mother can be deprived of her parental rights even if she is married. The initiator can be a spouse, guardians or officials. Together with the decision on alienation, the issue of cohabitation is resolved. If a child has shared property, he retains it. In the absence of registered ownership of the specified housing, the mother leaves it.

If shared ownership not available, the child is relocated according to the decision of the guardianship authorities. He retains the opportunity to live and inherit his parents’ housing in the first place.

List of documents for the court

Documents for depriving the mother of parental rights are submitted along with the statement of claim. Depending on the grounds on which the procedure is initiated, the following papers are submitted:

a copy of the child's birth certificate;
a copy of the marriage or divorce certificate;
title documents for housing, an extract from the house register on family composition;
documents indicating administrative or criminal liability;
conclusion of the guardianship authorities on living conditions;
medical certificates;
characteristics from the place of work or other officials;
witness statements;
statements of arrears of alimony.

If available, other documents are submitted that characterize the situation and support the grounds aimed at depriving the mother of parental rights.

Statement of claim

According to Article 70 of the RF IC A spouse or guardian, a prosecutor, a representative of guardianship authorities or organizations providing child protection can file a claim to deprive a mother of parental rights.

The statement of claim does not require a specific form. The document is drawn up in accordance with legal regulations. The claim states the grounds on which the mother should be deprived of parental rights, and also provides evidence for them. All documents related to the issue under consideration are included in the appendices to the statement of claim.

Legal consequences

The legal consequences of deprivation of parental rights are listed in Article 71 of the RF IC. According to them, the parent is deprived of benefits and benefits from the state, cannot demand maintenance from the child in the future, and cannot communicate with him. The parent is not exempt from paying child support.

Also, the child retains inheritance of property according to the law in the first order of priority.

The issue of the child's residence is decided by the court. If there is no one to hand over the minor, then he goes into the care of the guardianship authorities. Adoption of a child is allowed no earlier than six months after the alienation.

Deprivation of a mother's rights to a child is an exceptional measure and is used in cases where staying with a parent threatens the health or psyche of the child. The decision to remove a minor is made by the court after a thorough study of the case and the evidence base. For any child, the loss of a mother is a tragedy. The trial is underway this is only possible in emergency situations, if it is not possible to influence the woman in any other way.

Grounds for deprivation of maternal rights

Deprivation of parental rights to a dysfunctional mother is the last option to protect the baby from negative parental behavior. A woman loses absolutely all rights to participate in her child’s life until she is rehabilitated. If the restoration of the right does not occur before the child's 18th birthday, the mother becomes deprived of it for life. In old age, she will no longer be able to claim financial support from the child. It is possible to deprive a mother of parental rights only if there are compelling reasons:

a woman systematically evades obligations of care and education, which entails damage to the health of the baby;
treats his son or daughter cruelly, using violence;
forces a minor to engage in prostitution, begging or extortion;
refuses to pick up the child from any medical or educational institution;
intentionally committed a crime against your child;
mother prevents completion of compulsory school education;
the mother suffers from alcoholism or drug addiction (if there is a conclusion from a narcologist).

A common reason for deprivation is the fact that a woman drinks. However, it is difficult to prove the fact of regular drunkenness if she comes to legal proceedings in a sober and appropriate manner.

In such situations, the judge sets a period of time for the defendant to correct herself and partially limits her rights. During the correctional period, representatives of the guardianship authorities repeatedly visit the mother’s home and monitor the baby’s living conditions: how well-fed and well-groomed he is, the state of the child’s health, whether he attends educational institutions. Upon completion probationary period the court makes a decision.

In what cases cannot a mother be deprived of parental rights?

Situations when the mother is seriously ill, has lost her source of income and cannot find new job, went on a business trip for a long time, are not a reason for depriving her of parental rights. In such cases, parenting responsibilities are temporarily transferred to the father or grandmother, or to the guardianship authorities. It is impossible to deprive a mentally ill woman of motherhood - she cannot raise a child for reasons beyond her control. Such a mother is not deprived of parental rights, but the issue of the inadmissibility of her living with her son or daughter under the same roof is being considered.

Procedure for deprivation of parental rights

Deprivation of the mother's parental rights occurs on the basis of available evidence in court. An application is submitted to the court, supported by written confirmation of parental insolvency. The following documents may serve as evidence of insolvency:

medical certificate that the woman has an addiction (drug, alcohol);
a mother’s statement of refusal to take the baby from a medical institution (for example, from a maternity hospital);
act of inspection of the housing of the woman and child;
written testimony from witnesses about the woman’s mistreatment of her children;
medical certificate confirming injuries and beatings to a child;
video and audio materials that record any violations of the child’s rights by the mother.

Who can apply?

An application to the court can be filed by the father, guardian, prosecutor or person from the guardianship authorities. A child who has reached the age of 14 may himself be a plaintiff. Grandmother and relatives have the opportunity to petition for the protection of the child’s rights. The application is submitted at the place of registration of the mother. If the minor lives with his father, the claim is filed at the place of their common residence.

Deprivation of a woman's maternal rights occurs in favor of the father or immediate relatives who are able to organize for the baby necessary conditions for life and development. The father has the right to be an applicant, even if he is in a new official marriage. When a woman has the status of a single mother and there are no adequate relatives ready to take custody of the baby, he is sent to an orphanage.

What documents are required?

How to deprive a mother of parental rights and what documents are needed? The procedure begins with collecting the necessary grounds and evidentiary papers. The documentation must have a number of copies corresponding to the number of participants in the process. Main required documents and their photocopies:

application to the district court;
plaintiff's passport;
birth certificate of a minor;
marriage certificate (divorce);
extract from the house register at the place of residence;
reference for mother from last place of work;
conclusion of psychologists about the level of development and condition of the baby;
act of inspection of housing conditions;
a document confirming persistent non-payment of alimony (if available);
medical certificate about beating a child (for physical abuse);
a negative conclusion from a narcologist about the mother’s condition.

The statement of claim contains mandatory information. This is the full name judicial authority, information about the plaintiff and the defendant, a list of facts of violation of children's rights, evidence of violations.

The claim is sent to the district court personally by the plaintiff or sent by registered mail. In this case, no state duty is paid.

Procedure for deprivation of parental rights

How to deprive a mother of parental rights - where to start? Initially contact the trustee authorities. Guardianship employees visit the home of the mother and child to inspect the home and assess the child’s living conditions. They communicate with the children and draw up an assessment of living conditions, which is then submitted to the judge. Guardianship officials assess the presence or absence of real grounds for alienating a child from a woman.

What do you need to apply to the court? The plaintiff must collect all documentary evidence of the mother’s insolvency: certificates from the clinic about the beatings inflicted on the minor, written information from employees of child care institutions.

When the mother is a persistent defaulter of alimony, they turn to the bailiff service for confirmation of this fact. You can prove that a woman drinks or suffers from drug addiction by confirming this fact with a certificate from narcological clinic. After collecting all supporting documents, the plaintiff files a statement of claim in the district court.

The claim is drawn up indicating all the necessary data and is signed personally by the plaintiff. The court accepts the application, and the trial begins on the basis of the Family Code of the Russian Federation. Maximum time frame for consideration of a claim:

in a district court – no more than 2 months;
justice of the peace - no more than a month.

The court can make a decision without the actual presence of the defendant if she did not attend court hearings without good reason. A drug addict mother who has a confirmatory report from a narcologist can be deprived of her rights without her consent.

In order to ensure the protection of the interests of the child, a state authorized representative is appointed - either a prosecutor or an employee of the guardianship authorities. The court can completely deprive a woman of parental rights or limit them partially. With a partial restriction, a ban is imposed on taking part in upbringing, but the mother retains the right to inheritance and receive alimony from the child in the event of loss of ability to work. If refused, the plaintiff may file cassation appeal within 10 days.

Consequences and terms of deprivation

The consequences depend on the degree of restriction of rights. Partial restriction temporarily removes a person from the educational process for a period of six months to a year. There may be a ban on communication. This time is given to the defendant to realize her guilt and correct the current situation. After deadline the court either lifts the partial ban and acquits the mother, or completely deprives her of maternal rights.

The complete loss of rights is not limited by time. The mother is deprived of parental rights forever. The consequences of complete restriction are very serious. According to Russian legislation, a minor is completely isolated from his mother and a ban on communication is imposed. A woman is prohibited from taking part in upbringing and asking for any information about the baby. Cash benefits due to the mother are canceled. Parental property rights are terminated: inheritance and the possibility of alimony from the child. A woman cannot obtain guardianship.

As soon as the court decision comes into force, the minor is assigned to be raised by his father or in appropriate institutions for orphans. The legal connection between the mother and the minor is completely lost. However, it remains financial liability to provide for children. The mother is obliged to deduct alimony from her income - money, the amount of which is established by the court. The child retains the right of inheritance: after the death of the mother, he becomes the first claimant to her property.