How to compose a petition about the deprivation of parental rights

compose petition deprivation parental rights

Unfortunately often the family situation is such that the deprivation of the rights of one or both parents, it turns out the only right decision, which affects the well-being of the child. As evidenced by the family code, namely its 70-I article, this issue can be seen only in the courts, in the obligatory presence of a representative of the District of the Department of custody and Attorney.

The main document, on the basis of which it may be considered in court, there is a claim of deprivation of parental rights. How correctly it compiled, often depends on the outcome of the hearing.

Issue this statement and send it to the Court one of the parents of the child, his or her guardian, as well as the public prosecutor, which became aware of attitude of the mother or the father to the duties entrusted to the parents or a representative of the guardianship or the orphan of the educational institution in which the child lives.

Direct petition for wardship to the Federal Court of the district where the defendant resides. If its location is unknown, the lawsuit filed by his last known address or the location of the plaintiff. Before sending the application to the Court, it is necessary to pay stamp duty at the Bank. It released only the representative organs of guardianship or orphan institution, as well as the Prosecutor.

So, when preparing a petition about the deprivation of parental rights, it is important to arrange the CAP: it must be the specified mail address of the Court and its name, full of constituent data and date of birth of the plaintiff and the defendant, their place of residence and phone number. You also need to specify the CAP application data to third parties in the case. Third parties may be representatives of the children’s home in which the child resides, Burns, and other citizens interested in the result of the case.

Below should be detailed the circumstances that forced the plaintiff to go to such an extreme step as the deprivation of parental rights. Claim must reflect the specific facts, such as the mother’s failure to pick up only on the world of the child to the hospital, dodging from his upbringing, a manifestation of violence or commit illegal acts in relation to a child, drug addiction, alcoholism of a mother or father.

Set out the facts should be backed up by documented: the statement you want to add a certificate from a drug dependency dispensary (if any), the Act conducted by the Department of care survey of residential and residential environment in which the child resides, administrative or criminal offences the defendant, etc. The more evidence on the case will be included in the petition of the deprivation of parental rights, the higher the likelihood that the Court will take the side of the plaintiff and to satisfy its requirements.

In accordance with the third paragraph of article 70 IC RF, simultaneously asking for deprivation of rights the plaintiff could claim alimony from respondent for the maintenance of the child. It is necessary to lay out at the end of the application. together with the requirement of deprivation of rights.

Claim of deprivation of parental rights should end with a list of applications that appear in the Court simultaneously with the filing of the claim. It can be the following documents or their copies: the passport of the plaintiff and defendant, the child’s birth certificate, marriage certificate or divorce of parents, certificate of registration, criminal record, staying registered with cancer, a receipt of payment of fees by the claimant and others.

The suit can be personally to convey to the Court in the allotted time, or send it via registered mail. Generally, two to three weeks from the date of filing of the application the plaintiff and other participants of the process of receiving subpoenas.

If we consider outlined above tips, then independently write a petition about the deprivation of parental rights is not difficult. However, if for any reason you have problems, then it is best to seek the advice of a lawyer who specializes in family law.

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