Unfortunately, often family situation is such that the deprivation of the rights of one or both parents is the only right decision, on which the welfare of the child.As the Family Code, namely its 70th article, this question can only be considered in the courts, in the obligatory presence of a representative of the district department of custody and the prosecutor.
basic document based on which the case can be reviewed in court, a petition for termination of parental rights.From how well it is made, often it depends on the outcome of the hearing.
Making such a statement and self-send it to the court may one of the child's parents, his guardian, as well as prosecutors who became aware of the careless attitude of the mother or the father to the responsibilities entrusted to the parents or a representative of guardianship or orphaned upbringingthe institution in which the child lives.
submits a statement to the deprivation of parental rights is necessary in the Federal Court of the district where the defendant lives.If his place of residence is not known, the claim is served on his last known address or the place of the plaintiff.Before submitting an application to the court, you must pay the state fee in the bank.From it exempted only the representative of the guardianship or orphanage, as well as the prosecutor.
So preparing a claim for deprivation of parental rights, it is important to draw a cap: it must be specified postal address and the name of the court, full installation details and date of birth of the plaintiff and defendant, their place of residence and telephone number.It should also be noted in the application header data of third parties involved in the case.Third parties may include representatives of the orphanage, where the child lives, guardianship authorities and other citizens interested in the outcome of the case.
below should detail the circumstances that forced the plaintiff to take such an extreme step, as the deprivation of parental rights.The statement of claim is required to reflect the specific facts, such as mother's refusal to take just been born child from the maternity home, evading his upbringing, cruelty or committing a wrongful act against a child, drug addiction, alcoholism, mother or father.
These facts must be supported by documented: the application must help from drug treatment clinic (if any), an act carried out by the Department of Custody Survey of housing and living conditions in which the child is living evidence of administrative or criminal offenses, the defendant, and so on. The moreevidence in the case will be included in a claim for deprivation of parental rights, the greater the likelihood that the court will side with the plaintiff and to satisfy its requirements.
According to the third paragraph of Article 70 of the RF IC, together with the request for withdrawal of the rights of the plaintiff may require the recovery of maintenance from the respondent for the child.It is necessary to state at the end of the statement.together with a claim for the deprivation of rights of the parent.
petition for termination of parental rights should end with a list of applications, which shall be the court simultaneously with the filing of the claim.This may be the following documents or copies of passports of the plaintiff and defendant, birth certificate, marriage or divorce of parents, the certificate of registration, criminal records, finding registered in dispensaries, the receipt of payment of the plaintiff duties, etc..
lawsuit can personallyrefer to the Court in a specially reserved for this time, or send by registered mail.Generally, two to three weeks from the date of submission of the application the applicant and other participants in the process get a subpoena.
Taking into account the above advice, you yourself write a petition for termination of parental rights is not difficult.However, if for some reason there are problems, it is best to seek advice from a lawyer who specializes in family law.
