- statement of claim in the courts
- services of a qualified lawyer
- evidence base (certificates, photographs, witness statements)
number of divorces in Russia everyyear increases, and with it grows and the number of fathers who evade education, and the content of their offspring.Often the women on whose shoulders lie care of all children, are interested in how to deprive the husband's parental rights?Get detailed information about how to deny paternity of the former husband, you must have a lawyer.Lawyer not only to advise the woman about all the issues of concern to it, but also help to make a claim in court and explain what documents she needed for termination of parental rights proceedings.Article 61 of the Family Code states that parents have equal rights and duties towards their children under the age of majority.separation does not imply freedom from his father's care for the younger offspring.If he refuses to participate in the maintenance and education of childre
Article 69 of the Code lists the cases where the woman has the right to deprive her husband (former or present) paternity.It should be borne in mind that this procedure can be carried out only by a court in the course of divorce procedures, and at any time after the divorce.The most common reason to push the ladies to go to court, is the refusal of the spouse to fulfill their responsibilities towards the younger children.This includes his reluctance to participate in the upbringing of the child, and the avoidance of material support (including child support payments).The basis for deprivation of parental rights may also be immoral lifestyle man (alcohol, drugs, the commission in relation to the child and other members of the family of illegal actions).
Other reasons to enable women to address the court for deprivation of rights to the spouse of the child, are the offspring of abuse, drawing him into vagrancy, sexual coercion.This also is ranked as the abuse of their rights (eg, unmotivated husband's refusal to sign the permission to export the child in another country).From the above, it turns out that to deprive the father of parental rights as in a divorce, and after it can be used only if it either fails to fulfill its duties in relation to children or their behavior endangers their physical and mental development.Addressing the court, the woman should realize that she needed to gather evidence of failure to husband their parental responsibilities.Simple verbal accusations not backed up by documents and testimony, the servants of Themis will not take into account, and the claim will be rejected.
Before deprive her husband of parental rights, a woman is required to consult with a qualified attorney.The specialist will tell her about what documents need to court, how to collect evidence of non-compliance with the spouse of his duties.After the evidence base is ready, it will be necessary to make a claim for the deprivation of her husband's rights in a child (or children) and, together with the collected documents to submit it to the courts.It is desirable that the lawsuit wrote the lawyer, in which case it will be written in compliance with all legal requirements.The lawsuit, along with the collected documents served in the judicial establishment, located at the place of actual residence of the defendant (child's father).If the spouse living in other settlements, while the woman is allowed to include a statement to the court, which is in her region.
Mothers who are interested in the question of how to deny paternity of the former husband's need to thoroughly prepare for the court hearing.It is advisable to bring your witnesses who can certify the fact of non-fulfillment of duties by the defendant svoihroditelskih or confirm that he is a danger to children.It can be neighbors, relatives, friends, party, teachers, doctors and teachers of children and so on. D. What is more solid evidence base to be provided by the woman to a hearing, the better, because in case of lack of arguments to achieve satisfaction of the claim will be very difficult.The judge gave the word, not only the woman but also her husband, listen to all his excuses about the situation and only then issue a verdict.
In the case where the claim is satisfied woman, the defendant will lose all rights in respect of their children.He will not be allowed to see them, to take part in their upbringing.But the denial of rights to the child does not provide for the release of an unreliable dad on maintenance obligations: it will continue to pay the salaries of their children as long as they are 18 years old.For the offspring of the defendant retained all rights to the property belonging to it.In the future, a man, who was once deprived of paternity, will not be able to claim through the courts on any help from their children podrosshih.If a claim for deprivation of parental rights, an unreliable husband would otklonёn, women do not need to despair.A year after the end of the court, it can file a new claim by gathering with a solid evidence base and further prepare for the trial.