Numerology 

How to deprive the father of a child of parental rights. How to terminate parental rights of a father. Preparation of necessary documents

Fireball. This mysterious phenomenon of nature is still very little studied. There are many cases when this clot of crushing energy enters our homes. It penetrates the room through the slightest cracks, chimneys and even through smooth glass. Ball lightning is a fleeting phenomenon, but sometimes it can be observed for 20 seconds.

Ball lightning is considered a special type of lightning, which is a luminous fireball floating through the air (sometimes it looks like a mushroom, drop or pear).

Getting into the apartment, ball lightning behaves differently: it either goes out, or "splashes" with a crash. Its sizes vary. The most common lightning is about 15 cm in size. But there are times when it reaches 1 meter or more in diameter. In contact with a person, in general, the matter ends tragically. But in rare cases this does not happen. Not so long ago, such a contact happened in China: surprisingly, having hit the same person 2 times, she did not kill him (the incident was shown on TV).

A case of such a meeting with ball lightning is described: in Zimbabwe (Africa), a young woman escaped with such contact with only the loss of her dress and hairstyle. In Pyatigorsk, a roofing worker burned his hands while trying to brush off a small ball that seemed to be hovering over him. I had to be treated for a long time, because such burns do not heal for a long time. But there are many more cases that end tragically. In the summer there was a case when a still not old man was killed, who was grazing public cattle in the pasture. Ball lightning destroyed him along with his horse.

There have been instances where aircraft encounter these fireballs. But the death of the aircraft or the crew has not yet been recorded (only minor damage to the skin was noted).

What does ball lightning look like?

Ball lightnings come in different shapes: round, oval, conical, etc. The color of lightning also has a full range of colors. There are red with different shades, green, orange, white. Some types of lightning have a luminous "tail". What is this natural phenomenon? Scientists say that ball lightning is a clot of plasma, the temperature of which can be 30,000,000 degrees. This is higher than the solar temperature at its center.

Why does this happen, what is its nature of occurrence. Observations of the appearance of these "balls" from nowhere were noted - on a sunny clear day, mysterious orange balls moved close to the surface, in a place where there were no high-voltage wires and other types of energy sources. Maybe they arise deep in the bowels of our planet, maybe in its faults. In general, this mysterious phenomenon has not yet been studied by anyone. Our scientists know more about the origin of stars than about what goes on under their noses from age to age.

Types of ball lightning

Based on eyewitness accounts, two main types of ball lightning are distinguished:

  1. The first is a red fireball descending from a cloud. When such a heavenly gift touches some object on earth, such as a tree, it explodes. Interesting: ball lightning can be the size of a soccer ball, it can hiss and buzz menacingly.
  2. Another type of ball lightning travels along the earth's surface for a long time and glows with a bright white light. The ball is attracted to good conductors of electricity and can touch anything - the ground, a power line, or a person.

Time of existence of ball lightning

Ball lightning exists from a few seconds to several minutes. Why is it so?

One theory claims that the ball is a small copy of a thundercloud. Here's how it might happen. The smallest dust particles are constantly in the air. Lightning can impart an electrical charge to dust particles in a certain area of ​​the air. Some dust particles are positively charged, others are negatively charged. In a further light representation lasting up to many seconds, millions of small lightnings connect oppositely charged dust particles, creating in the air the image of a sparkling fireball - ball lightning.

How to terminate the parental rights of the father of a child?

1. Decide if you really want to terminate parental rights.

Before asking the question “How to deprive the father of a child of parental rights?” first you need to decide whether this extreme measure is really needed and whether the effort will be worth the result itself.

The procedure for depriving a father of rights is quite complicated. Firstly, deprivation of rights requires a sufficiently strong evidence base, secondly, deprivation of rights is, as a rule, irreversible (except in cases where the father of the child has radically changed his behavior, and the child himself is ready to restore the pope's rights), thirdly , the procedure for deprivation of rights is quite specific and not as standard as, for example, a divorce or division of property - much will depend on how much you manage to psychologically win over the judge and guardianship employees. You need to understand that the result itself will depend largely on how correctly and competently your position is presented.

2. Collect all necessary documents, certificates, conclusions and other materials, to help you in court.

You will need all possible materials that can support your position. These can be certificates with the calculation of debts from bailiffs, certificates from a polyclinic, circles, a kindergarten, a school, and other educational institutions. As a rule, in order to obtain these documents, it is required to prepare a request for the retrieval of evidence - otherwise, it is often impossible to obtain these documents and materials.

It is desirable that before filing a claim, you already have a complete package of documents in your hands and additions during the process are minimal.

3. Writing a statement of claim.

The statement of claim is the document that should clearly, clearly and in as much detail as possible display your position. The claim must necessarily contain references to legislative norms, such as articles of the family code, government decrees adopted specifically on issues related to the resolution of disputes about children, the life situation itself must be stated as clearly as possible and without unnecessary, irrelevant comments and explanations. Particular attention must be paid to the factual circumstances that you state as grounds for depriving the father of his rights to the child. A package of documents confirming the information stated in the application must be attached to the claim. As a rule, a really high-quality statement of claim takes 3-7 pages.

You can read more about the claim on my website in the section " Statement of claim ».

4. Submission of an application to the court.

The filing of a claim is carried out by directly filing a claim with the judge himself during office hours, through a court expedition, or by sending a claim with all attachments by mail.

When I conduct cases, as a rule, I submit the claim exclusively to the judge himself during office hours. This greatly speeds up the process of scheduling a hearing and considering the case itself, and also allows you to discuss with the judge the features and significant points of the case already at the initial stage, and prepare the necessary requests.

5. Preparation and further tasks.

Preparation for the consideration of the case in case of deprivation of parental rights is a very important stage at which you can ask the court to request the necessary information, identify key points to be proven, and talk with the judges themselves. Many lawyers neglect to participate in this stage of the process and thereby miss out on a number of opportunities that would allow them to resolve the case in a shorter time and with a successful outcome.

As well as for preparation, it is necessary to appear at all court hearings. And not only to the lawyer, but also to the applicant himself. This is a very important psychological moment, it allows the judge to evaluate directly the parent with whom the child lives, and it will also show your interest in the case. Of course, a lawyer or lawyer can participate in the case without you, but you must keep in mind that this may affect your chances of winning the case.

6. Court decision.

There can be three options:

  • A) refusal to terminate parental rights.
  • B) restriction, but not deprivation of parental rights.
  • C) termination of parental rights.

In the first two cases, if the defendant does not change dramatically in a positive direction, then six months later, you can re-sue the court to deprive the father of his rights, and, almost certainly, he will be deprived of parental rights.

The entire procedure for depriving the father of a child of parental rights takes an average of 1.5 to 3 months from a qualified, experienced lawyer. In some, especially severe cases, the process can be delayed for up to six months, in rare cases, even a little more.

How to deprive a father of parental rights without his consent?

Deprivation of parental rights of the father without his consent occurs according to the standard procedure described above. The only significant difference will be the fact that the defendant will most likely present his objections, and maybe even a counterclaim, and the procedure may be seriously delayed. As for the very outcome of the case in this case, then if your interests are represented by a good specialist, you should not worry. If the grounds for deprivation of rights are presented by you quite weighty and your position is indicated by a lawyer in a favorable light, then most likely the extra rights will be successfully held.

How to deprive the parental rights of the father, if he agrees?

If the father of the child agrees to the deprivation of his parental rights, then the case will still be necessarily considered exclusively by the court, the judge will also study all the materials of the case, it will be checked whether the rights of any of the parties are violated if the defendant recognizes the claim, and only after that a decision will be made. Of course, if there are no objections from the defendant, the chances of a successful resolution of the conflict increase significantly, but the fact that the judge may consider your demands untenable can never be ruled out. Therefore, in order for everything to go smoothly and as soon as possible, it is better to enlist the support of a good specialist who will help you competently and correctly represent your interests.

Foundations.

To deprive a father of his rights, the law provides for only a few grounds, and it is worth noting that the list of grounds is closed and cannot be supplemented at one’s discretion. As a rule, the grounds for deprivation of rights are: the father's alcoholism, evasion of caring for the child, and cruelty to him. You can learn more about all the grounds for deprivation of rights.

How much does it cost to deprive a father of parental rights?

The cost of services of a lawyer for deprivation of parental rights greatly depends on the complexity of the process. You can read more about the prices for my services

How to deprive a father of parental rights? Unfortunately, this question often arises in many families. Women have to fight the arbitrariness of the head of the family in radical ways, but there is simply no other way out when the life and health (both physical and mental) of a beloved child is threatened by a domestic tyrant. The procedure for depriving one of the parents of the rights is complex and has a large number of bureaucratic delays. That is why it is so important to know all aspects and nuances of future litigation. If you can't afford the advice of a professional lawyer, be sure to read the tips below.

What should every parent do?

To ensure that no one can challenge your parental rights and responsibilities, you need to take care of your child properly. What exactly does the legislation of the Russian Federation require from mothers and fathers in relation to their beloved offspring? The main postulates, as a rule, look like this:

  • health care;
  • development of the child in the psychological, moral and physical field;
  • provision of secondary education;
  • representation of rights;
  • protection of interests.

Initially, it was established that both parents, indicated in the birth certificate, have equal rights and responsibilities for raising a baby from the moment of his birth until the age of majority. The specified period may be reduced if the child is recognized as fully capable before the age of eighteen (married, working from the age of 16). If the mother of a minor notes that the father negatively affects the condition and health of their common offspring, it will be her task to ensure the protection of the interests of the child.

The main reasons for restricting the rights of a parent

First of all, it should be noted that it is quite difficult to deprive a father of his rights to raise a child, the reasons for such an event must be really serious and not cause doubt in the court. Among the most realistic grounds for a positive resolution of such a dispute are the following prerequisites:

  • regular evasion from payment of alimony for raising a child;
  • use of parental rights for any mercenary and illegal purposes;
  • violence of a physical or psychological nature against a minor;
  • sexual violence against a child;
  • alcohol or drug abuse;
  • an attempt on the life and health of the other parent;
  • an attempt on the life and health of the minor;
  • refusal to perform direct parental duties;
  • refusal to take a child from a maternity hospital, medical or educational institution without serious circumstances.

Any basis you plan to rely on must be supported by the appropriate set of documents, only then can you send a formal application to the court. The deprivation of the father of parental rights must be supported by relevant original documents. Otherwise, the case will not even be considered. Let us present a detailed list of necessary actions in several specific cases described above.

What to do if violence is committed?

How to deprive a father of parental rights if he raises a hand against a child? Such an offense on the part of the head of the family, of course, is a very serious reason for a ban on his communication with the baby in the future. To begin with, you are advised to calm down and continue to make the most informed decisions, without emotions.

The first institution you will need to visit is a hospital or clinic. Medical workers will record the inflicted beatings and issue an appropriate certificate. In addition, the baby will be provided with the necessary assistance, perhaps even a psychological one.

This document (certificate) must be submitted to the police along with a statement of claim. Having studied the submitted papers, law enforcement agencies have the right to refuse to initiate a case or, conversely, to give it a go. In case of disagreement with the decision adopted by them, you can always challenge it in higher instances. If the responsible persons decide that a crime has taken place, an investigation begins. Upon completion of the investigative actions, the found evidence of guilt or its absence is transferred to the court.

What to do if you don't want to pay child support?

A lawsuit for the deprivation of parental rights of the father can also be filed if the man evades the obligation to support his child, that is, to pay alimony. Do not forget that the father must provide for the minor offspring, regardless of whether the official marriage with the mother of the baby is terminated or not. If for several months a woman does not receive money for food, clothing and other basic needs, then she has the right to contact the bailiffs to resolve such an issue. You should know that it is quite difficult to prove the fact of non-payment of finances, so it is recommended to be patient. To resolve this issue, you will need to prepare the following official documents:

  • writ of execution on imposing a penalty;
  • debt certificate.

It is also extremely important to find out if the parent is hiding part of his income by deliberately lowering his salary or not formalizing his work activity. In this case, a negligent dad can easily be brought not only to administrative, but also to criminal liability, because such actions are classified by law as illegal and criminal.

What to do if a parent has addictions?

Drug addiction and alcoholism is a real scourge of our time, every year more and more people plunge into the abyss of addictions, forgetting about their real life and responsibilities in it. A person who lives for the sake of alcohol or drugs cannot be accountable for his actions and absolutely cannot raise underage children. In this case, the deprivation of parental rights of the parents (parent) will be carried out on the basis of medical documents and certificates from the place of work or study with negative characteristics confirming the presence of addictions.

Instructions: how to proceed?

Before you apply with a package of documents to the court, do not forget to visit. They will ask you for a list of papers that must be submitted without fail. Among other things, staff will likely conduct a background check and assess living conditions at the place of residence of both the father and the child. For children over 10 years old, there is an opportunity to express their own opinion about the desire or unwillingness of being together with a parent.

The next stage is the submission of documents and applications to the court. During the hearing of the case, not only the judge, but also all the same guardianship authorities will get acquainted with the data provided. The decision on the future of the father's rights will be taken collectively by the participants in the process listed above.

Sample list of required documents for the court

What does it take to initiate termination of parental rights? The grounds have been determined, it's time to take care of the documents supporting them. Since decisions of such a plan are made only in the court, it is she who determines the necessary list of papers. It should be noted that in some cases it can be extended. The basic set includes such documents as:

  • an application for deprivation of parental rights from a specific person (this may be the child's mother or guardian);
  • photocopy of the main documents (passport of the applicant, birth certificate of a minor);
  • an official conclusion from a psychologist based on the results of communication with the child;
  • documents confirming the fact of evasion or improper performance of duties;
  • a characteristic from the place of study or work of the applicant, describing him from the positive side;
  • certificate of income of the applicant, confirming his financial stability;
  • a certificate of the place of study of the child, as well as a description of his behavioral characteristics and the level of perception of knowledge;
  • a document containing data on the living conditions of all participants in the litigation (father, mother, child, guardian, if any);
  • certificate from the place of residence of the applicant.

Possible nuances of the process of deprivation of parental rights

Now you know how to deprive a father of parental rights. In addition, you need to know certain basic information that will help you navigate the nuances of the case much easier. First of all, pay attention to the fact who can be the applicant for the above question. The following can initiate the deprivation or restriction of parental rights of the father:

  • mother of the child;
  • legal guardian/representative;
  • prosecutor;
  • guardianship authorities.

It is also extremely important to know that while the case is pending in court, the parent still has to pay child support for their child or children. If a positive decision was made by the highest authority, and the father lost the court, then he is necessarily deprived of all rights and privileges, he cannot claim benefits, cash benefits associated with having a child, and also in the future require financial support from the offspring .

At the same time, the father will continue to be obliged to support the minor until he reaches the age of eighteen or is recognized as capable. If desired, the parent can agree in the court on the transfer of alimony to the current account of the son / daughter in the bank. As for the child himself, he does not lose the right to live in the parent's living space, and also has the right to claim the inheritance left by him or his immediate family.

Do not deprive, but limit!

In some cases, restriction of parental rights is also allowed. It is also carried out exclusively by a court decision on the basis of sufficiently weighty reasons, confirmed by evidence and facts. A prerequisite for making such a decision may be the risk to the health (physical and mental) of the child when being next to one of the parents (in this case, the father).

Pay attention to how the issue under consideration differs from such a procedure as deprivation of parental rights. The grounds for restriction are usually not as significant as in the first case. The main difference between this measure of punishment is that the father is given a probationary period of six months. If during the specified period the parent does not change his behavior, he will be permanently deprived of his rights in relation to the child. The initiator of the process of rights may be the second parent (mother), guardian or legal representative, prosecutor or guardianship officer. The restriction of rights applies only to personal communication between the father and the child, but does not relieve the former from financial obligations.

How is the termination of parental rights carried out? Sample Application

Let's talk about how an application (claim) for deprivation of parental rights should look like. The document can be conditionally divided into three parts: a header, a general text and a conclusion listing the attached references.

  • The first section should contain information about which authority the paper is submitted to, from whom, who is the defendant, and who is the third party.
  • The main text contains information about the rights, obligations and possible violations, that is, what tasks the father of the child does not cope with, what illegal actions he commits.
  • At the end, you must express your request, as well as list the list of documents that serve as evidence of violations.

Below you can see what the application looks like, or rather, its typical sample.

Deprivation of parental rights can be achieved only by making a lot of efforts, in particular, by collecting all the necessary documents and correctly filling out a statement of claim. The advice of a professional lawyer will also be very useful to you, because only a specialist in his field knows the smallest nuances and details. If you take into account all the details with it in advance, this will help to reduce bureaucratic red tape and speed up the process.

Can I get my rights back?

How is the restoration of parental rights carried out and is it possible at all? There are a few basic guidelines you can follow to help you become a good parent again. The main ones are:

  • restoration of a positive social status;
  • improvement of living conditions;
  • having a permanent job;
  • satisfactory financial condition;
  • elimination of the reason for the restriction or deprivation of parental rights.

Restoration of parental rights is also carried out strictly through the courts. It is very important to contact the authorities in a timely manner, because in six months a child from an orphanage can be adopted, and subsequently not be transferred to former parents. Of course, such information is relevant only if the claimant is the guardianship authority, and not the mother. Try to collect as much documentary evidence as possible to correct the past negative situation.

It is important not only to know how to deprive a father of parental rights, but also what such an extreme measure can lead to. Remember: to separate dad and baby is only in the rarest, exceptional cases. Such intervention can negatively affect the psychological state of the child and cause him serious harm in the future. Try visiting a psychologist first. Perhaps the help of a professional will help you solve the problems that have arisen and prevent a significant deterioration in the existing situation.