How to draw up a statement of claim for the deprivation of parental rights?

Unfortunately, it is often the situation in the family that the deprivation of the rights of one or both parents is the only correct decision on which the well-being of the child depends. According to the Family Code, namely its 70th article, this issue can only be considered in court, in the compulsory presence of a representative of the district guardianship department and the prosecutor.

The main document on the basis of which the case can be examined in court is a statement of claim for the deprivation of parental rights. The outcome of the court session depends on how correctly it is drafted.

One of the parents of the child, his guardian, as well as the prosecutor, who became aware of the mother's or father's unfair treatment of the duties imposed on the parents, or the representative of the guardianship or the orphanage in which the child lives, can file such a request and independently send it to the court .

To send a claim for the deprivation of parental rights, you need to go to the Federal Court of the district where the defendant resides. If his place of residence is unknown, the claim is filed at his last known address or at the location of the plaintiff. Before sending an application to the court, it is necessary to pay the state duty at the bank. Only a representative of the guardianship authority or an orphanage, as well as the prosecutor, are released from her.

So, when preparing a statement of claim for the deprivation of parental rights, it is important to correctly arrange the cap: it should specify the postal address of the court and its name, the full set of details and the date of birth of the plaintiff and the defendant, their place of residence and telephone number. It is also necessary to indicate in the header of the application the data of third parties participating in the case. The third parties may be representatives of the orphanage in which the child lives, guardianship authorities, as well as other citizens interested in the outcome of the case.

Below are the circumstances that compelled the plaintiff to take such an extreme step as depriving parental rights. The statement of claim is required to reflect specific facts, for example, the mother's refusal to take the child from the maternity home, the evasion of his upbringing, the manifestation of cruelty or the commission of an unlawful act in relation to the child, drug addiction, alcoholism of the mother or father.

The stated facts should be documented: documents must be attached to the application from the narcological dispensary (if any), an act of the survey of housing and living conditions carried out by the ward department in which the child lives, evidence of administrative or criminal offenses of the defendant, etc. The more evidence in the case will be Is included in the statement of claim for deprivation of parental rights, the higher the probability that the court will take the side of the plaintiff and satisfy his demands.

According to the third paragraph of Article 70 of the Criminal Code of the Russian Federation, simultaneously with a request for deprivation of rights, the plaintiff may demand recovery of alimony from the defendant for the maintenance of the child. This should be stated at the end of the application. Together with the demand for the deprivation of the rights of the parent.

The statement of claim for the deprivation of parental rights must end with a list of applications that are surrendered simultaneously with the filing of the claim. It can be the following documents or their copies: the passport of the plaintiff and the defendant, the birth certificate of the child, the marriage or divorce of the parents, the certificate of registration, the criminal record, the registration with the dispensaries, the receipt of payment of the duty by the plaintiff,

The claim can be personally surrendered to a court in a specially designated time, or sent by registered mail. As a rule, two to three weeks after the application is submitted, the plaintiff and other participants in the process receive subpoenas.

If you take into account the above tips, then independently write a statement of claim for the deprivation of parental rights will not be difficult. However, if for any reason there are problems, it is best to seek advice from a lawyer who specializes in matters of family law.