Grounds for depriving the father of parental rights, the procedure and legal consequences of the procedure. The father does not take part in the upbringing of the child - what should the mother do

Importance of father's participation in child's upbringing

In pursuit of financial stability in the family, men often forget the main life value - to raise and educate a child. As a rule, in modern families, this honorable duty is assigned only to the mother. But such upbringing turns out to be one-sided, because. A woman cannot replace a man in all life situations. The father uses educational functions different from the mother. He gives the baby what a woman cannot. In raising children, fathers adhere to logic, consistency and integrity. Whereas mom often gives up slack and cancels her own prohibitions after a while.

It is important for a child to observe the pattern of behavior of the whole family on a daily basis. The father gives the baby the opportunity to see how to treat the fair sex, respect elders, love and take care of loved ones. When a father, coming home from work, instead of lying on the couch, is interested in the affairs of all family members, communicates with each of them, the child feels his importance and self-confidence.

Sometimes a mother becomes so attached to her little one that she simply protects him from his father, especially if he shows strength of character in raising a child. This is wrong, because a man seeks to raise a son from a real defender of his future family, strong, strong, courageous. It is clear that the formation of such qualities is tempered in somewhat harsh conditions, which, in the opinion of a woman, may seem too cruel. This behavior of women occurs if the child was sick a lot or was born to women at a fairly mature age. Women whose first-borns were born at the age of 20-25, as a rule, do not have such feelings.

The functions of the father in the upbringing of the child

When it comes to a complete family, a man should and must actively participate in the life of his child. Psychologists have identified the most important functions of the father in the upbringing and development of children. These include the following.

Physical development. The father is involved in the formation of motor skills in children up to a year. A man, unlike a woman, is not afraid to engage in active games with such a crumb, and both (both father and baby) get great pleasure from this. Mothers should not take the baby away from dad while throwing up, riding on their shoulders and other extreme fun. Such games not only amuse the child, but also stimulate physical development - he will quickly learn to crawl and walk, and among other things, his vestibular apparatus will form and develop from an early age.

Thinking. The father, if desired, can become the main assistant in teaching the child to talk. Mom and grandmothers in this case are relegated to a secondary plan with their "lisping". The man, thanks to his brutality, speaks with the crumbs correctly and clearly. In addition, the father will more effectively teach the child to understand puzzles and constructors. Close contacts with dad help the baby develop logical, abstract and concrete thinking.

Balance the relationship between child and mother. Closer to 2 years, the child will have to move away from the mother, who was present almost 24 hours a day in his life. This may be due to weaning, the mother's going to work, or the registration of the crumbs in a preschool institution. Fathers can help the baby overcome dependence on the mother. Psychologists note that if a man takes on the role of a child's guide to kindergarten or the initiator of moving the crumbs to a separate room, then the process of separation from the mother is less painful.

Socialization. The father presents the child with certain requirements that must be clearly fulfilled in society. He teaches the baby to respect the people around him, to behave correctly outside the home. In the process of education, it is from the father that the baby learns what approval, censure and punishment are.

Polo wai identification. The father's behavior becomes the standard for the boy. Masculinity, confidence, respect for women are the main features that need to be instilled in a son. But the daughter’s close communication with her dad allows her to quickly understand her female role in life.

A father is a person who complements a woman's upbringing of a child. Without his participation, the baby is deprived of the lion's share of values and concepts in the family, he does not see an example to follow.

The role and authority of the father for the son

An example of a father is a life banner for a son. In the subconscious of the boy, a male model of behavior is formed. The father, by his authority, sets an example of how to live and what to strive for. A man raising a son needs to monitor his behavior and habits daily. After all, if he makes a mistake, then the child will immediately pick up a bad example.

A boy who grew up in a prosperous and complete family often adheres to the same family principles in adulthood. The relationship between a young man and the opposite sex depends on how the father communicates with the mother. Attitudes towards women are formed in childhood on the example of parents, and in later life it is difficult to correct anything.

Most boys from a certain age strive to form a strong and hardy body. A father can help his son choose the right sport to not only increase physical strength, but also to learn accuracy and discipline. Together with dad, the child will go through all the difficult stages of the formation of character and willpower. At the same time, it is important for a man to encourage his son, praise him for his successes and support him in failures.

The role of a father in raising a daughter

Girls perceive their father's upbringing in a completely different way. An image of a man appears in their minds, which they carry through their whole lives. If a man made every effort, gave all his love and tenderness to his daughter, then she will begin to look for a life partner similar to her beloved dad. A completely opposite situation occurs when the father shows aggression in the family, does not participate in the upbringing and does not take care of the family.

However, we often see situations where a loving dad is ready for anything for the sake of his little princess. He indulges all her whims, indulges, fulfills all her wishes and requirements, not understanding what mistake he is making. Accustomed to such behavior of her father, the girl grows up capricious, eccentric and spoiled. Subsequently, it will be difficult for her to find a life partner, it is difficult to start a family, and in general, the girl is guaranteed problems in communicating with the opposite sex.

A father should not spoil his princess, even if he really wants to give gifts and goodies. He can be kind to the girl, but also demand from her, depending on her age. The girl needs to see how her father communicates with her mother, to observe their romantic relationship. This picture from childhood will form a model of family values and relationships with men.

The great merit of fathers in the upbringing of their daughters is that they provide an opportunity to learn about the world around them from a male position. General family walks are transformed into exciting research activities, where the father teaches his daughter to navigate the terrain, distinguish between insects and animals. Dad can find clear, truthful and comprehensive answers to his daughter's inquisitive questions.

The role of the father in patriotic education

In a full-fledged family, where the father plays a dominant role, the first rudiments of patriotism are formed in children. At preschool age, kids learn to love their family, take care and protect all its members. The tasks of paternal upbringing include preparing children for life in society, shaping their civic skills. It is a man, as a defender of the Fatherland, who can give knowledge and skills that determine a child's view of life and the system of statehood.

Patriotic education is a system of socialization of children, which allows to appreciate the importance of the Motherland, learn to protect its resources and nature. It begins in the family and school, where the child is taught to fulfill certain duties and rules. The patriotism of a young citizen is primarily manifested in the spiritual and moral connection with the family. At the same time, the father, with his civil actions and deeds, sets an example for the younger generation of citizens.

Features of raising a child without a father

Unfortunately, the modern state cannot completely protect children from the fact that they have to grow up in single-parent families. There are too many reasons for this: an irresponsible attitude to choosing a partner, fear of difficulties, unwillingness of parents to adapt to each other's character. One of the reasons that children grow up in incomplete families is the absence of a man in raising children. If in the family of newly-made parents one of them did not receive paternal love, care, then it is likely that the children of such parents are doomed.

It is difficult for single mothers to raise children on their own, without male support, but they must be patient and create a harmonious and calm atmosphere in their family. A woman should get rid of negative thoughts about the absence of her husband and direct all her strength and energy to raising a child. It is worth noting that this task is not easy and there are several points in it, depending on the gender of the child. For boys, the father is the main guide in life. His absence forms the baby's excessive dependence on the mother.

For boys, the father is the main guide in life. His absence forms the baby's excessive dependence on the mother.

Of course, a woman can teach her son to be gentle, devoted, kind and sincere. But she cannot become an example of masculinity, resilience and emotional stability for him. Without a father, a boy can grow up infantile, he will not know how to protect himself and his family, he will not be able to control his emotions in difficult situations.

The mother should help the baby find a landmark that will be an example of masculinity and determination. It can be a grandfather or an older brother, but it is best to give the baby to the sports section, where the coach is a man. A woman can also motivate her son to help around the house, even if he is very tiny, it is not so difficult to collect his toys. The main thing is to encourage the independence of the child and the desire to protect the mother.

In the upbringing of girls, things are better, because they have a mother in their lives - an example to follow. Daughter quickly learn kindness, responsiveness and other feminine qualities. But problems can appear in adolescence, when puberty and attraction to the opposite sex begin. If a girl was brought up without a dad, then she is unlikely to understand male logic, and even the sincere feelings of her peers will be a mystery to her. Therefore, mom should think about finding a man who will love not only her, but also her little daughter.

Instead of a conclusion

The role of a man in the upbringing of children is enormous. The great merit of fathers in education is the formation of a male model of behavior for their sons, their development as strong and courageous personalities. When raising daughters, the role of the father is no less significant; he becomes a standard for a girl - an image of an ideal man, which will be very important when a girl develops communication skills with the opposite sex. The task of the mother is not to protect children from the father, not to strive to combine both parents in her person, but, if necessary, to help establish contact between children and her husband.

Good afternoon I want to sue my ex-husband for parental rights! For more than two years, he shied away from raising his son. No alimony, no help, no communication. If I sue, how do I prove that the father does not take part in the upbringing of the child?

Deprivation of parental rights, according to the current legislation, is carried out only in court. The courts apply this measure only in extreme cases, having carefully checked whether the infringement of the rights of a minor would be allowed by such a decision.

Law Requirements

The Family Code establishes a list of criteria that a mother and father must meet in order to deprive both of them or one of them of parental rights. Article 69 of the Code, among others, specifies evasion of parental duties (from raising a child, communicating with him, monitoring the quality of his education, etc.) as such a ground, which is equated with malicious evasion of alimony payments.

Taking into account that the trial in this case is a serious and complicated procedure, it is worthwhile to carefully approach the issue of proving the fact that the father is not involved in the upbringing of the child and does not fulfill other parental obligations.

Methods of proof

The current civil procedural legislation obliges each participant in the trial to have evidence of their arguments and demands (Article 56 of the Code of Civil Procedure). Therefore, preparing for the meeting, the plaintiff (mother) needs to make sure that there is evidence that the father does not take part in the life of the child.

It is always easier to confirm what is done or damaged. But how to prove the absence of something? How to legally justify the fact that the father does not take part in the upbringing of his child?

Ways of proof:

In order to prove non-payment of alimony, you need to obtain the relevant written documents from the bailiffs (in the event that the recovery was carried out in court and a writ of execution or a court order was sent to the bailiffs). If no one demanded alimony, then pointing out the evasion of their payment will not work. In this case, the court can only refer to the fact that after the divorce, the ex-husband does not provide any financial support to his son or daughter on a voluntary basis. To confirm this information, you should enlist the testimony of friends and relatives. You can also submit written requests to the former spouse, for example, by e-mail or SMS about participation in the costs of a common child, as well as his responses with a refusal or confirm that he ignores such requests. The court will take into account the failure of the father to fulfill his obligations to support the child, but, as noted, this fact is not an evasion from paying alimony.
Proving that the father does not visit the child after the divorce, does not participate in the upbringing of his son or daughter, you can provide testimony from relatives, neighbors, acquaintances, etc. At the same time, there should be no obstacles on the part of the mother to the communication of the child with the father. So, if the father seeks to spend time with his son or daughter, but after the dissolution of the marriage, the mother repeatedly prevents him from doing this without good reason, then it is no longer possible to talk about the father avoiding communication with the child. After all, the lack of meetings was not his fault.
If, for example, an agreement was concluded between the former spouses on establishing a procedure for communicating with a child, the conditions of which are not met by the father, you can apply with a statement about this fact to the guardianship and guardianship authority. Since the participation of a representative of this body in the trial is mandatory, such an appeal will help prepare the evidence base for the court. After all, the fact that the ex-husband does not participate in the life of the child for a long time will be recorded and verified by the guardianship department. The court must provide a copy of the application filed with the guardianship authority. Such a document is written evidence and will be attached to the materials of the court case.

All this evidence: oral and written explanations of witnesses, certificates from the bailiff service, statements and answers of the guardianship and guardianship authority will be examined by the court to resolve the issue on the merits.

Nuances of the litigation

The outcome of the case will largely depend on the position of the father of the child during the proceedings. Again, judges apply deprivation of parental rights only in the most extreme cases, if there are good reasons for this. If the ex-husband disagrees with the claim and insists on retaining parental rights, the court will also carefully consider his arguments.

However, one should not forget the aforementioned norm of the Code of Civil Procedure, according to which everyone must prove what he insists on in court. By disagreeing with the claim, the father will have to provide sufficient evidence of the proper fulfillment of parental obligations. But, without any evidence of participation in the life of a child, it will be difficult for him to prove his position.

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What to do if the father does not take part in raising children - advice to women

The father does not take part in the upbringing of the child - what should the mother do?

In everyday life, men, as a rule, are completely occupied with the material well-being of their families, and, alas, there is very little time left for raising children. It is not uncommon for dad to come home from work after midnight, and the opportunity to fully communicate with the kids falls only on weekends. But what if the father does not have any desire to participate in the upbringing of the child?

Reasons for removing a husband from raising children

There are many reasons for the non-participation of the father in the upbringing of children.

Dad should be involved in the upbringing of the crumbs even during pregnancy. Then, after the birth of the baby, the mother will not have to complain to her friends about her fatigue, and growl at her husband about his non-participation in the life of the child.

It is strongly not recommended to move the dad away from his duties immediately after the hospital. Yes, the baby is still too small, and daddy is clumsy. Yes, mom is prompted by maternal instinct, but dad does not have it. Yes, he does not know how to wash diapers, and what jar from the shelf is needed to sprinkle the baby with talc. But! Dad has a paternal instinct, dad will learn anything if given the opportunity, and dad, though clumsy, is a man old enough not to harm his child.
Do not require your husband to participate in the upbringing of the baby in an orderly tone. Involve your husband in this process gently, unobtrusively, and with the wisdom and cunning inherent in a woman. “Honey, we have a problem here that only men can solve” or “Darling, help us with this game, we definitely need a 3rd player here.” Opportunities - a wagon and a small cart. The main thing is to want.
Be smart. Do not try to put yourself in the family above your spouse. This father is the head of the family. This means that dad decides which school to go to, what to eat for dinner and in which jacket the son will look most courageous. Let your spouse make their own decisions. You will not lose, and dad will be closer and closer to the child. Axiom: the more a man invests in his child (in every sense), the more he values him. Moreover, no one bothers you to slip your husband those options for schools, dinners and jackets that you like. Compromise is a great power.
Trust your spouse. Let him accidentally tear the Velcro from diapers, splatter the kitchen with vegetable puree, sing the “wrong” songs to the child, put him down an hour later and draw not the most correct pictures with him. The main thing is that he participates in the life of the child, and the child enjoys it.
Praise your spouse often. It is clear that this is his duty (as well as yours), but your kiss on an unshaven cheek and “thank you, darling” are his wings for new successes in communicating with a child. Tell your husband more often - "you are the best father in the world."
Ask your husband for help more often. Do not take everything on yourself, otherwise you will then have to carry it all on yourself. Initially, involve your husband in the process. He bathes the child - you cook dinner. He plays with the baby, you clean the apartment. Do not forget about yourself: a woman still needs time and put herself in order. Constantly come up with urgent matters (not too long, do not abuse the kindness of your spouse) in order to leave your husband and child alone as often as possible - “oh, the milk is running away”, “Honey, the bread is over, I’ll run away quickly, at the same time I’ll buy your favorite gingerbread”, “ oh, I urgently need to go to the bathroom”, “I’ll just put on makeup, and immediately to you.”
Dad stubbornly dodges the process of education? Only without tantrums! First calmly explain how important it is the father's upbringing for the formation of the character and the very personality of the child. And then gently and unobtrusively “slip” the child to dad for 5 minutes, for 10, for half a day. The longer the father spends with the child, the faster he will understand how hard it is for you, and the stronger he will become attached to the child.
Start a good family tradition - go to bed with dad. Under daddy's fairy tales and with daddy's kiss. Over time, not only the child, but also the father will not be able to do without this ritual.

The father does not want to be engaged in education of children - we deprive the parental rights?

Even if you are on the verge of a divorce (or have already divorced), deprivation of parental rights is too serious a step to take it out of resentment, annoyance, etc. Although a mother herself can raise a son or daughter.

It takes very strong circumstances to deliberately leave a child without a father. This is his categorical unwillingness to participate in the upbringing of the child, a destructive lifestyle or a threat to the health / life of the child. Your relationship with your husband in this case does not matter, what matters is the attitude of your husband towards his child.

Before deciding to take such a step, think carefully about your decision, discarding emotions and ambitions!

Under what circumstances can rights be revoked?

According to the RF IC, the grounds are:

Failure to fulfill parental responsibilities. This wording includes not only the pope's evasion of obligations for the health, upbringing, education and material support of the child, but the evasion of alimony (if, of course, this decision was made).
Using one's gender/rights to the detriment of one's child. That is, inducing a child to illegal actions (alcohol, cigarettes, begging, etc.), obstructing learning, etc.
Child abuse (physical, mental or sexual).
Diseases of the father, in which communication with the father becomes dangerous for the child (mental illness, drug addiction, chronic alcoholism, etc.).
Deliberate harm to the health / life of the child himself or his mother.

Where to file a claim?

In a classic situation - at the place of registration of the father of the child (in the district court).
In a situation where the father of the child lives in another country or his place of residence is completely unknown - to the district court at his last place of residence or at the location of his property (if the mother knows it).
If, together with the deprivation of rights, a claim for alimony is filed - to the district court at your place of registration / residence.

Each case of deprivation of rights is always considered with the participation of the guardianship authorities and the prosecutor.

What will happen to alimony?

Many mothers worry that a forfeiture lawsuit can leave a child without financial support. It's not worth worrying! According to the law, even a father released from birth / rights is not exempt from paying alimony.

How to prove?

Even if the former spouse regularly sends alimony, he can be deprived of his rights if he does not participate in the upbringing of the child. For example, he does not call the child, makes up excuses not to meet with him, does not participate in his educational life, does not help in treatment, etc.

The rights and obligations of dad after a divorce - every parent should know this!

But mother's words alone will not be enough. How do you prove the non-participation of the father in the life of the child?

Firstly, if the child is already able to speak, an employee from the guardianship authorities will definitely talk to him. Who will ask the baby - how often does dad meet with him, does he call, does he come to school / kindergarten, does he congratulate him on holidays, etc.

It is not recommended to conduct appropriate “instruction” for the child: if the guardianship authorities suspect that something is wrong, then, at a minimum, the court will not satisfy the claim.

Evidence you will need to provide with your claim:

A document from an educational institution (school, kindergarten) that dad was never seen there.
Indications of neighbors (note - about the same). These statements will need to be certified by the board of the HOA.
Witness testimony (a petition to summon them should be attached to the claim) from friends or parents, from fathers / mothers of your child's friends, etc.
Any other evidence of all circumstances that confirm the certain guilt of the father or his absolute non-participation in the life of the child.

Has there been a similar situation in your life, and how did you solve it?

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The father does not take part in the upbringing of the child

what evidence is needed that the father does not take part in the upbringing of the child? pays alimony, albeit from the minimum wage, that's where it all ends.

Clarification of the client

I wanted to get permission for adoption from my ex-husband, the stepfather is actually engaged in raising children. But so far he refuses to give such permission. I am considering a solution to the problem through the guardianship authorities or through the courts. I want to know what specific evidence is needed for the non-participation of the father in that upbringing of children. Thank you.

Victoria Dymova

Support Officer Pravoved.ru

Reasons for deprivation of paternity - grounds, rights in Russia

The Family Code of the Russian Federation provides for several reasons for depriving paternity. The grounds are quite serious and include the possibility of infringement of the moral rights of the child.

The mother of the children can deprive the ex-husband of paternity by filing an appropriate application to the court.

Basic moments

Only a man who maliciously evades his obligations to raise and support children can be deprived of parental rights. The father must take an active part in the life of the child, despite the relationship with their mother.

And we are talking not only about the payment of alimony, but also moral assistance. Both parents, even after a divorce, have the right to learn from educational institutions about the progress of the child, from clinics about the state of health.

Before applying to government agencies with a demand to deprive the father of the rights to children, you need to know a few points:

the procedure for deprivation of parental rights is very long, it takes several months, and a positive result is not guaranteed;
there are several grounds for deprivation of rights, and the list cannot be increased;
the mother needs to make sure that the deprivation of parental rights is necessary for the child;
six months after the deprivation of paternity, the child may be adopted by the mother's spouse;
the father has the right to file an appeal and appeal against the decision of the court.

What it is

Deprivation of parental rights is a legislative measure designed to protect underage citizens from the harmful influence of parents and their abuse.

A positive decision of the court can be expected only after the provision of reliable evidence. Often, after a divorce, women demand to deprive their father of parental rights because of resentment towards a former partner.

But the man regularly pays alimony, takes part in the life of the child and does not abuse alcohol. Such a parent is considered positive, and it is impossible to deprive him of the opportunity to raise children.

The situation is completely different - a man regularly pays alimony in the minimum amount, but does not want to see the child.

The mother in this case believes that it is impossible to deprive such a father of parental rights, because he provides material assistance. However, one of the good reasons in court is indifference to the child's life.

Why would you want to deprive your father of parental rights? By paying alimony, regardless of the amount, a man gets the opportunity in old age or upon receiving a disability to be in the care of his adult child.

If necessary, the father may also require his descendants to support him in case of disability. In case of deprivation of paternity, he loses these rights.

After the deprivation of parental rights, the father loses the opportunity to educate, see and take part in the life of the child. He is also automatically excluded from the heirs who can claim the property of children.

However, the child remains one of the main heirs of the property of his former parent. Also, the relatives of the father do not lose their rights to children.

Where to go

If the mother wants to be determined to deprive the former spouse of parental rights, then first she needs to contact the guardianship and guardianship authorities. In exceptional cases, the application is immediately submitted to the court and after its consideration, the guardianship authorities are notified.

Mothers need to prepare documents:

Video: deprivation of father's parental rights

Reasons for termination of paternity

If the father does not take an active part in the life of the child, or his social status or behavior in society can cause a violation of the mental state of the baby, the parent may be deprived of his rights.

To achieve this, the consent of the father is not required. It is enough to collect documents indicating violations by the parent.

Lack of financial assistance for the upbringing of children

In a divorce, when the children remain in the care of the mother, the father undertakes to pay alimony for the maintenance of dependents. If the former spouse refuses, the woman can deprive him of the rights to the child.

To do this, it is necessary to indicate in the statement of claim that for a long time (period) the legal father has evaded providing financial assistance for the maintenance of the child.

If the father, without good reason, does not provide material assistance in the maintenance of children, then the court will take the side of the mother. It will not be possible to deprive a father of parental rights, who even periodically pays alimony.

In this case, it is necessary to prove that payment evasion occurs systematically and the amount of money allocated by the father is not enough to support the children.

Alcoholism

Alcoholism is a good reason for depriving both mother and father of parental rights. But testimony from the words of a woman will not be enough.

She will need to prove that her father regularly drinks alcohol. In these cases, a certificate from a narcologist is required, but it is impossible to force a person to visit a doctor.

If the father refuses to voluntarily visit a specialist, he must provide a written refusal. The woman will also be required to find witnesses who are ready to confirm the immoral behavior of the former spouse.

Drug addiction

Drug addiction, like alcohol addiction, is becoming a serious reason for depriving paternity in Russia. Under the influence of drugs, a person becomes inadequate and does not have the ability to raise a child.

Now in the country the rights of children to freedom of choice and opinion are strictly prohibited to be limited, and the constant contemplation of drug addiction encourages similar behavior in the future.

It is also not uncommon for fathers to force children to try drugs by talking about new sensations. Such actions are contrary to the law and may be regarded as an abuse of parental rights.

A father who is a drug addict can be deprived of parental rights in court. To do this, the mother must write a statement of claim and indicate that the parent has a pathological addiction and refuses treatment.

A certificate from a narcologist or the testimony of witnesses can serve as evidence. If the man is undergoing treatment, the case may be suspended. The parent is temporarily deprived of the opportunity to see the child until the addiction is completely eliminated.

Indifference in the life of a child

Financial assistance does not compensate the child for the attention of the parents. And if the father does not take part in the upbringing of children, he may be deprived of his rights.

In a divorce, the court decides the order of visits and establishes the time that the father can spend with the children. But often men disappear from the life of their offspring, providing only material assistance. Such behavior is not considered the norm and may serve as a basis for deprivation of paternity in court.

This applies, first of all, to the absence of a parent at important events (birthdays, matinees, etc.) and indifference in physical and material terms in various situations:

child's illness;
preparation for kindergarten, school;
buying clothes;
visiting educational institutions.

When a parent fails to provide financial support other than alimony, and also refuses to see the child, he may be deprived of paternal rights.

The testimony of witnesses and the child himself will serve as evidence. In cases where the father is not present at the trial and does not try to refute the statement of the former spouse, the decision is made in favor of the mother.

Abuse of parental rights

Parents do not have the right to force a child to engage in prostitution, theft and immoral behavior. Abuse of parental rights also includes the refusal of the father to issue permission for the child to travel abroad (on vacation) and a ban on education.

To confirm this ground, you will need to submit documents where the father writes a refusal to leave the child for no good reason.

If a parent forces children to steal or use drugs, then testimony of witnesses or the child himself is required.

Physical abuse of a child deserves special attention. Evidence of beating, rape and abuse of a baby is accepted for consideration in court. Such cases are dealt with not only by the court and guardianship authorities, but also by the police.

But it is impossible to deprive a mentally ill father of parental rights. The court considers only those grounds that occurred through the fault of the defendant. The disease is not included in this category.

The legislative framework

The Family Code of the Russian Federation provides for several laws on which the court is based when considering a case on deprivation of paternity:

Article	Description
Article 56	states that the child has the right to protection, including from the adverse effects of parents
Article 63	Parents have an obligation to raise their children. They should provide the child with conditions for comfortable living and learning.
Article 66	parents living separately from the child have the right to see him. Also, children have the right to communicate with both parents, regardless of the status of their relationship.
Article 69	indicates the reasons why parents are deprived of the right to raise a child and communicate with him. The list is strict and cannot be changed.
Article 70	describes the procedure for deprivation of parental rights. Indicates that one of the parents, direct relatives and guardianship authorities can write the application
Article 71	talks about the consequences of depriving parental rights. Describes the rights of the child, father and his relatives after deprivation of parental rights
Article 78	indicates the need for the participation of guardianship authorities in the consideration of the case on deprivation of parental rights

Also, a lot is written about the deprivation of parental rights in the Civil Procedure Code of the Russian Federation:

Additional information can be found in the Decree of the Plenum of the Russian Federation No. 10 dated May 25, 1998. It indicates which articles must be referred to in order to deprive parental rights.

Deprivation of paternity is a long, morally difficult procedure. In some cases, it cannot be dispensed with - the child must be released from responsibility for the maintenance of a negligent parent in the future. But sometimes it is worth considering several times whether it is necessary to deprive the biological father of the opportunity to see and raise children.

Many people now dream of love, harmony and mutual understanding in the family, because family problems have already become common and even commonplace. Often women complain that the father does not take part in the upbringing of the child, leaving the baby entirely to his wife. It’s not even that it’s hard for a woman to take care of a baby, educate and develop it on her own. Everything is much more serious here, because a child without father's love, attention and care will not be able to grow up as a full-fledged person. It is worth understanding the reasons for this behavior of the pope and try to find a way out of this situation.

Reasons why a father is not involved in raising a child

Psychologists name several main reasons why the father does not participate in the upbringing of the child, however, each family may have its own situation, unlike any other. Experts call such factors that are an obstacle for dad in the process of raising a baby:

1.Father works a lot. Men who work hard, trying to provide their families with a comfortable life, are physically unable to educate and care for the baby. In this case, you should not be offended and reproach your loved one, because he is trying only for you.

2. Your husband's upbringing took place without a father. If a husband grew up in an incomplete family or in one where the man was not given the responsibility for raising children, he will behave accordingly. This does not mean that your child's father does not want to take part in his upbringing, he was simply given such a model of family relations, so he cannot do otherwise. With your great desire, perseverance and patience, you can teach your beloved spouse to spend more time in the family.

3. The father is sure that he already does enough for the family. This is another possible reason why the father does not take care of the child. Some men, even before the appearance of children in the family, are sure that the mother should take care of them and their upbringing, because he does so much, for example, earns money. Thus, the man himself relieves himself of the responsibility for raising children.

4. The father is not allowed to raise the child. It often happens that in a family where several generations live, that is, in addition to mom and dad, grandparents still live, the father may not be allowed to raise his own son or daughter. Any remarks about the father may make him want to completely step back from the duties associated with the children.

5. A man waits for his son or daughter to grow up. Many men are not at all interested in dealing with small children who still cannot walk or speak. Most dads begin to show interest in their children no earlier than a year after the birth of the crumbs.

How to involve a father in raising a child?

So that the young mother does not get upset and does not worry about the fact that the father does not need the child, since the father pays little attention to the baby, it is necessary to involve the husband in raising the crumbs even during pregnancy. Expecting the birth of a baby, most parents arrange their room in advance and buy children's things, you need to do this together with the future dad.

After returning from the hospital, the mother is strictly forbidden to take on all the responsibilities for caring for the baby, even if the husband works a lot. Invite your beloved spouse to bathe the baby together or feed him from a bottle. Such actions will make a man responsible for the comfort and safety of his own child, and in the future, the mother will no longer need to be told what needs to be done to raise her son or daughter.

Never demand from your husband to participate in the upbringing of your son or daughter in an orderly tone, such a position of the wife will only repel the man. It is important to try to find an approach to the father of your children, to interest him and encourage him to communicate and take care of the baby.

Give your spouse the opportunity to decide important moments in the life of a son or daughter, let him choose not only clothes, but also a kindergarten and a school. The more dad will invest in his child love, time and care, the more expensive he will become for him.

To involve the father in the upbringing of the child, try to praise your husband more often, praise always encourages new achievements. Talk about how much he does for the child and how the baby enjoys spending time with him. In fact, it is not so difficult to interest a man and arouse a desire to raise children, the main thing is to show female wisdom.

Why the father does not need the child and the father does not come after the divorce?

It is not difficult to arouse a desire in a husband to take care of his children when the family is prosperous and happy, but if a man has left the family, it is much more difficult to do so. Unfortunately, the number of divorces is rapidly increasing every year, as a result of which children are deprived of their father's love and care. Most men who leave the family forget about their children, because they develop new relationships.

A rather complicated and unpleasant situation arises when the father does not come to the child who is always waiting for him. In this case, the mother should explain to her baby why this is happening, but it is important not to cause psychological trauma to the child. Psychologists say that children should be told as early as possible about existing family problems and prepared for the departure of their father. However, if the child is only 1–3 years old, it is better to smooth out the situation without injuring the crumbs, children at this age very quickly get used to life with only one mother.

What to do when the ex-husband does not come to his son or daughter for a long time? If you know that your baby's father will no longer come to him, you can say about the forced departure of dad for a long time. However, you can only say this on the condition that over time you will tell the whole truth to the baby and will not deceive him anymore.

After a divorce, many women themselves cannot answer the question why the father does not need a child, because until recently the family seemed to be happy. It is difficult to understand the psychology of a man, such behavior depends on many factors. Some men, even after leaving the family, continue to take care of their children, despite the second marriage, while others forever move away from their son or daughter.

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Ekaterina Kozhevnikova

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Law Requirements

Taking into account that the trial in this case is a serious and complicated procedure, it is worthwhile to carefully approach the issue of proving the fact that the father is not involved in the upbringing of the child and does not fulfill other parental obligations.

Methods of proof

It is always easier to confirm what is done or damaged. But how to prove the absence of something? How to legally justify the fact that the father does not take part in the upbringing of his child?

Ways of proof:

In order to prove non-payment of alimony, you need to obtain the relevant written documents from the bailiffs (in the event that the recovery was carried out in court and a writ of execution or a court order was sent to the bailiffs). If no one demanded alimony, then pointing out the evasion of their payment will not work. In this case, the court can only refer to the fact that after the divorce, the ex-husband does not provide any financial support to his son or daughter on a voluntary basis. To confirm this information, you should enlist the testimony of friends and relatives. You can also submit written requests to the former spouse, for example, by e-mail or SMS about participation in the costs of a common child, as well as his responses with a refusal or confirm that he ignores such requests. The court will take into account the failure of the father to fulfill his obligations to support the child, but, as noted, this fact is not an evasion from paying alimony.
Proving that the father does not visit the child after the divorce, does not participate in the upbringing of his son or daughter, you can provide testimony from relatives, neighbors, acquaintances, etc. At the same time, there should be no obstacles on the part of the mother to the communication of the child with the father. So, if the father seeks to spend time with his son or daughter, but after the dissolution of the marriage, the mother repeatedly prevents him from doing this without good reason, then it is no longer possible to talk about the father avoiding communication with the child. After all, the lack of meetings was not his fault.
If, for example, an agreement was concluded between the former spouses on establishing a procedure for communicating with a child, the conditions of which are not met by the father, you can apply with a statement about this fact to the guardianship and guardianship authority. Since the participation of a representative of this body in the trial is mandatory, such an appeal will help prepare the evidence base for the court. After all, the fact that the ex-husband does not participate in the life of the child for a long time will be recorded and verified by the guardianship department. The court must provide a copy of the application filed with the guardianship authority. Such a document is written evidence and will be attached to the materials of the court case.

All this evidence: oral and written explanations of witnesses, certificates from the bailiff service, statements and answers of the guardianship and guardianship authority will be examined by the court to resolve the issue on the merits.

Nuances of the litigation

Hello Irina

I do not see a direct relationship between changing the child's surname and proof of the father's non-participation in the upbringing of the child.

1. A change of surname for a child under 14 years old is possible only for the surname of one of his parents. You did not indicate whether you want to change the child's surname to your premarital surname (if you returned it to yourself after the dissolution of the marriage) or to the surname of your stepfather, your new husband, if you took his surname after marriage registration. You must also understand that changing the surname does not create a legal connection between your daughter and the stepfather (he does not become her father, and she is his daughter with the corresponding rights and obligations) and does not break the legal connection between the father and daughter (does not cancel the corresponding rights and obligations) .

2. In accordance with paragraph 2 of Art. 59 of the Family Code of the Russian Federation in the absence of a joint application of the separated parents of the child at the request of one of the parents with whom the child lives, the guardianship and guardianship authority may allow changing the name of the child, based on the interests of the child and taking into account the opinion of the other parent.

Parental input is not required if it is impossible to establish his location, deprive him of parental rights, recognize him as legally incompetent, as well as in cases of parental avoidance without good reason from education and maintenance of the child. I believe that you can only apply the latter from all possible grounds, and then partially, because the father is not deprived of parental rights, pays alimony (?), His place of residence is known and he does not hide.

To resolve this issue, you need to apply to the guardianship and guardianship authority with an application to change the surname of a minor child to a new mother's surname in connection with the dissolution of marriage with the child's father and entry into a new marriage.
The main principle in accordance with which the body of guardianship and guardianship decides to satisfy the request or to refuse to satisfy it is protecting the interests of the child. In this case, the body of guardianship and guardianship, having established that the father does not participate in the maintenance and upbringing of the child, based on the interests of the child, can satisfy the request of the child's mother to change the child's surname to her new surname.

At the same time, the disagreement of the child's father with the change of the child's surname is not decisive. The presence of different surnames in a minor child and his mother always raises questions, including among the team in which the child will study and be brought up. To exclude such possible questions, it is preferable that the mother and child have the same surname.
Thus, you need to focus on protecting the best interests of the child in your application. Evidence of the father’s non-participation in the upbringing of the child can be certificates from the school, additional education organizations (circles, sections, music, art school, etc.) that the father is not interested in the success of the child, does not attend parent meetings, does not participate in events held for children and parents together (evenings, concerts, etc.). In the clinic, you can ask the local doctor for a certificate stating that the father has never attended an appointment with the child, the mother (stepfather) always comes. Maybe the district police officer will go to a meeting and issue a certificate that, according to the neighbors, the father does not come, he does not visit the child. It may be worth talking to the guardianship authority, they will reach out to you and talk to the neighbors themselves in order to record their "testimony" in the act. You can write explanations on your own, where you indicate, for example, that the father does not take the child on vacation, goes to the cinema, parks, walks, does not take him to grandparents, does not buy books or educational games, does not worry about health, does not call , does not visit, has not applied to the guardianship authority or to the court to determine the procedure for communicating with the child (that is, nothing prevents him from communicating with the child), etc.

The position, of course, is rather weak and most likely custody will not take responsibility, but it's worth a try.