Hello! Is it possible to deprive a mother of parental rights? I am 21 years old.
When I was 4 years old, the mother left me and four children (younger than me) alone in the apartment for two weeks. After which we ended up in a children's rehabilitation center. Two years later, my father showed up and was forced to take us away from the boarding school. We lived with him until he was 10 years old. These were the most terrible years of my life. At the age of 10, he renounced his parental rights and I was taken into custody. In 2011, the mother showed up.
Is it possible to deprive a mother of parental rights? I don't want this person to be present in my life in any way.
There are documents confirming her complete non-participation in my life.
Thanks in advance for your answer.
Articles on the topic (click to view)
- Agreement on the procedure for exercising parental rights
- Decision to cancel restrictions on parental rights
- Grounds, reasons, procedure and documents for deprivation of parental rights of a mother
- Grounds and reasons for depriving the child’s father of parental rights: procedure through the court
- Sample claim to court for deprivation of father's parental rights for non-payment of child support
- Restriction and deprivation of parental rights: grounds, procedure and consequences
- Is it possible to deprive a father of parental rights if he does not communicate with the child, but pays child support?
Dear Ksenia. Unfortunately, parental rights are deprived only of minors. Keep the documents, you may need them when your mother decides to make a maintenance claim against you. Part 5 of Article 87 of the RF IC states that Children may be released from the obligation to support their disabled parents in need of help if the court finds that the parents evaded fulfilling their parental responsibilities.”
Good luck. My answer is your feedback.
No you can not. Rights are deprived only of minors.
It will not be possible to deprive your mother of parental rights, but you have the right to deprive her of child support.
Article 87. Responsibilities of adult children to support their parents
1. Able-bodied adult children are obliged to support and care for their disabled parents in need of help.
2. In the absence of an agreement on the payment of alimony, alimony for disabled parents in need of help is recovered from able-bodied adult children in court.
3. The amount of alimony collected from each of the children is determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties in a fixed sum of money payable monthly.
4. When determining the amount of alimony, the court has the right to take into account all able-bodied adult children of a given parent, regardless of whether the claim is made against all children, one of them, or several of them.
5. Children may be released from the obligation to support their disabled parents in need of help if the court finds that the parents evaded their duties as parents.
Children are exempt from paying child support to parents deprived of parental rights.
Reason: “Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ
Parental rights and child support
These two concepts are interdependent, because when depriving parental rights, alimony plays a vital role. Their chronic non-payment is one of the circumstances, and timely repayment can avert the punishing sword of justice.
Possibility of forfeiture for non-payment
Although most often the alimony payers are unreliable fathers who completely forget about the existence of their own child, sometimes mothers are also required by court to pay alimony. But malicious evasion of the maintenance of one’s child for a period of more than six months threatens with real deprivation of parental rights with all the ensuing consequences.
By the way, in the case of men, this is the most common way to become not only an ex-husband, but also an ex-father.
Documentation
To terminate parental rights for failure to pay child support, you will need some documents:
- Statement of claim.
- Child metrics.
- Acts of inspection of the home of all participants in the process (plaintiff, child, defendant).
- Certificates of registration of participants in the case.
- Characteristics of the plaintiff and defendant.
- Characteristics of a child from kindergarten or school.
- Certificates of income of the plaintiff and defendant.
- Court decision to withhold alimony.
- A certificate of arrears of alimony issued by bailiffs is the most important document; the larger the amount, the bigger the freak the would-be dad will look like.
This is important to know: Deprivation of father's parental rights. What to do
This set of papers is explained by the fact that, regardless of the reason for the claim, in any legal proceeding the issue of maintaining the offspring is simultaneously raised.
It is advisable to add to this list other certificates from the bailiffs about the defendant’s failure to appear at the trial, about the provision of incorrect information about income and similar documents.
Next, we will talk about which article regulates the deprivation of parental rights for non-payment of child support.
Article
Like all grounds for deprivation of parental rights, deprivation due to chronic non-payment of alimony is regulated by Articles 69 and 70 of the Family Code and occurs only in court - Article 131 of the Civil Procedure Code. And the mandatory participation of guardianship authorities in the process is defined in Article 78 of the Family Code.
Next, you will learn whether child support is paid after deprivation of parental rights.
Is alimony paid?
Many parents are interested in the issue of paying child support after deprivation of parental rights. Yes, deprivation of rights in no way relieves parents of their obligations; they must support their children until they reach adulthood , regardless of what rights they have.
Therefore, along with a positive verdict, the court orders alimony, and the amounts are calculated based on the level of income and the specific circumstances of the case.
At what age are parental rights terminated?
At what age are parental rights over children terminated?
Deprivation of parental rights depends only on the age of the child himself and is directly related to the fact of the child’s coming of age (18 years old).
It does not matter how old the parent who is the defendant in such a process is.
At what age is the best time for a child to apply for deprivation of license?
As a rule, there is no direct relationship here. But it is worth highlighting two significant periods:
- The child's age is from 0 to 10 years.
When you file a claim for deprivation of rights to protect the interests of a child under 10 years of age, you need to take into account that:
- the child will not take part in the meeting;
- guardianship does not have the right to interview such a small child;
— the child’s own opinion cannot really be learned from himself.
On the one hand, such protection of the child from the need to contact government authorities on such a difficult issue will prevent the child from causing additional moral or psychological suffering.
But on the other hand, if there is insufficient evidence, the lack of a child’s opinion may turn out to be that small plus that was not enough for a positive decision.
- The child's age is from 10 to 18 years.
When a claim is filed to protect the rights of a child who is over 10 years old, there are also some nuances:
- the child will have to participate in court and talk with the guardian;
- due to the need for an interview, you should seriously prepare the child for this, train him, make a list of sample questions that he may be asked so that the child does not become confused before guardianship and the court;
— it’s also a good idea to take your child to see a psychologist, so that by the time of the court hearing you have a ready-made conclusion from a competent specialist in your hands.
If it turns out that the child really did not see his father for a long time, did not communicate with him, the father did not give him gifts and did not provide him with due attention, or even drank in the presence of the child and opened his arms, then all this information, voiced by the child himself, can be very helpful is to win the case.
Do the consequences of deprivation of rights remain after the child reaches adulthood?
It is worth saying that all the consequences provided for by law for both the parent and the child remain. These consequences include:
— the obligation to pay off the child support debt (if such remains at the time of the child’s eighteenth birthday);
- the child’s ability to inherit from his father;
— inadmissibility of the defendant’s communication with the child without his permission;
— inadmissibility of placing a ban on the child’s travel or restricting his movement in any way;
- the obligation of the parent to provide the child with living space, if he does not have another.
The issue of deprivation of parental rights is very complex and requires a serious approach and study; there are many nuances and questions that are difficult to answer without knowing the full background of resolving such cases. For example, “Until what age are parental rights deprived?”, “Can the child’s grandmother file such a claim?”, “Is the father still obligated to pay child support?” and many others…
Our specialists have spent many years working in this category of cases and have achieved excellent results in helping people and protecting the rights of young children.
Call us at the numbers in the Contacts section and we will help you!
After deprivation of parental rights
The life of neither plaintiffs, nor children, nor defendants ends with the deprivation of parental rights, but the situation is changing, especially in the legal sphere.
Adoption
Adoption after deprivation of parental rights, possibly after six months have passed from the moment the court made a positive decision.
Adoption takes place according to a standard algorithm, those who wish to do so collect the necessary documents, undergo verification, if the guardianship and trusteeship authorities approve the candidacy, the issue is resolved in court. If the child is already ten years old, his opinion must be taken into account.
But those deprived of it, who have changed their behavior and decided to get their child back, are going through the procedure of restoring their parental rights, and they will have to work hard to prove that they have reformed. If the child was adopted before the father or mother came to their senses, it is unlikely that they will be able to change anything.
Next, read about the possibility of meeting with your child after deprivation of parental rights.
Meetings with children
After deprivation of rights, defendants have little chance of seeing their children, because they completely lose the right to communicate. In addition, even without deprivation, dads were not eager to communicate, and after the process they try to completely forget about their child. And it is unlikely that a former official or common-law spouse who has decided on a complex and lengthy process will be happy to observe the face of a hated draft dodger next to her child.
If the child is important to the person deprived of his rights, they usually file a lawsuit and try with all their might to restore what was lost. Next, we will talk about whether deprivation of parental rights after death is possible.
After death
Deprivation of parental rights after death is not provided for, since the defendant cannot protect his interests, and such a procedure makes no sense. If they want to adopt a child, the death of a parent does not become an obstacle, since their permission will no longer be required.
And the child receives an inheritance (when there is something to inherit), regardless of what rights the parent had or did not have to it . We will tell you further about the possibility of depriving parental rights after 18 years of age.
Reasons for deprivation of parental rights
The Family Code of the Russian Federation spells out the reasons for depriving parents of the right to education. Let's look at them:
- Failure to fulfill responsibilities towards a descendant. Parents are obliged to create the proper conditions for the growth and development of the baby: feed him quality food, take care of his health and education, etc. If it is impossible to satisfy the natural needs of a minor, the care of his upbringing will be transferred to the state or more reliable guardians;
- Failure to pay child support for more than six months. According to the Criminal Code of Russia, if within six months the party that pays child support does not fulfill its obligations, then the court can forcefully collect the payment or deprive the unscrupulous parent of permission to raise the child. Such situations are considered individually, and depending on the duration of non-payment of child support, as well as additional factors, the father or mother may be deprived of parental rights;
- Refusal to pick up a descendant from a maternity hospital, kindergarten, school or any other educational institution without a valid reason. If, due to compelling circumstances, the parents cannot take the child home (for example, they had an accident and are undergoing treatment), the guardianship authorities are obliged to provide him with a comfortable life. The mother or father must definitely explain the reason why they cannot pick up their baby;
- Abuse of parental rights. This item includes: introduction to alcohol and drugs, inability to create conditions for receiving education, etc.;
- Child abuse (both physical and mental). Here it is worth highlighting the use of force against a minor, insults and exploitation of a child;
- Parents or guardians have alcoholism. At the same time, alcoholism includes not only the consumption of alcoholic beverages, but also the regular use of drugs. According to Article 30 of the Civil Code of the Russian Federation, a citizen is recognized as legally incompetent if he is dependent on alcohol or drugs. This means that, regardless of other factors, he is deprived of permission to raise a descendant;
- Intentional murder (or attempted murder) of one of one's children or spouse or other family member. If the court finds that the crime was committed accidentally, then the parents will be allowed to raise the child. But for the deliberate murder of a family member, this procedure will certainly follow.
USEFUL INFORMATION: How to delay divorce proceedings in court?
Deprivation of parental rights after 18 years of age
Unfortunately, parental rights to a child automatically terminate when he turns 18 years old and it is no longer possible to deprive them of a non-existent child . Unfortunately, because the rights are lost, but the child’s obligation to support his infirm parents remains and they can always apply for alimony. This right is usually used by those who did not fulfill their responsibilities as parents. In a normal family, the child himself helps his family as much as possible.
The following video will tell you in more detail about the possibility of deprivation of parental rights for failure to pay child support to the father or mother:
Is it possible to deprive parental rights after 18 years of age?
Dear Tatyana, the case was terminated on legal grounds, since by virtue of the legal provisions enshrined in Part 1 of Art. 54 and art. 69 of the Family Code of the Russian Federation, deprivation of parental rights can only take place in relation to a person who has not reached the age of majority, therefore it is impossible to deprive a parent of parental rights after the child reaches 18 years of age. For your understanding, I give an example from judicial practice that confirms my words: MOSCOW CITY COURT OF APPEAL DECIDING dated August 10, 2021 in case No. 33-31297/17 Judge: Klintsova I.V. Judicial panel for civil cases of the Moscow City Court, composed of presiding Shubina I.I. judges Demidova E.E., Mishchenko O.A. with the participation of prosecutor Podvysotskaya T.I. in front of Secretary D., having heard in open court the report of Judge E.E. Demidova. case based on a private complaint by plaintiff K.A.V. on the ruling of the Nagatinsky District Court of Moscow dated June 20, 2021, which decided: The proceedings in case No. 2-* on the claim of Kolodina-Andrievskaya * * against Kolodin-Andrievsky * * for deprivation of parental rights were determined to be terminated, established: Plaintiff K.A. IN. On May 15, 2021, she filed a claim with the Nagatinsky District Court of Moscow against the defendant K.S. on depriving the defendant of parental rights in relation to his daughter *, <…> year of birth. At the hearing of the court of first instance, the prosecutor filed a petition to terminate the proceedings in connection with the child reaching the age of majority. The plaintiff left the resolution of this issue to the discretion of the court. The defendant did not appear at the trial court hearing. The court issued the said ruling, the cancellation of which is requested by the plaintiff K.A.V. on the grounds of a private complaint, citing its illegality and groundlessness. In the court of appeal, the plaintiff supported the demands and arguments of the private complaint. The defendant and the representative of the guardianship authorities of the Orekhovo-Borisovo Yuzhnoye district of Moscow did not appear at the court hearing of the appellate court; they were duly notified of the time and place of the court hearing. Having checked the case materials within the limits of the stated arguments of the private complaint, having listened to the explanations of the plaintiff, having discussed the arguments of the private complaint, having heard the conclusion of the prosecutor who considered the judicial ruling to be legal and justified, the judicial panel finds the appealed ruling to be left unchanged, taking into account the following. By virtue of Part 1 of Art. 54 of the RF IC, a child is a person who has not reached the age of eighteen years (the age of majority). The provisions of Art. 69 of the RF IC establishes the grounds under which parents or one of them may be deprived of parental rights in relation to their minor children. Thus, by virtue of the legal provisions enshrined in the above norms, deprivation of parental rights can only take place in relation to a person who has not reached the age of majority, *, <...> year of birth, at the time of issuance of the contested determination has reached the age of majority, and therefore the proceedings in the case are lawful terminated by the court of first instance. According to Art. 220 of the Code of Civil Procedure of the Russian Federation, the court terminates the proceedings in the case if the case is not subject to consideration and resolution in court in the manner of civil proceedings on the grounds provided for in paragraph 1 of part one of Article 134 of this Code; The arguments of the plaintiff's private complaint do not contain any circumstances affecting the legality of the conclusions of the trial court; they are based on an erroneous interpretation of the rules of substantive and procedural law, and therefore cannot provide grounds for canceling a correct court decision. Based on the above, guided by Articles 328 - 329, 333, 334 of the Code of Civil Procedure of the Russian Federation, the judicial panel determined: The ruling of the Nagatinsky District Court of Moscow dated June 20, 2021 is left unchanged, the private complaint of the plaintiff K.A.V. - without satisfaction.
