How to apply for the paternity rights waiver

According to the law of the Russian Federation parents have the duty to maintain their children and education, voluntary avoidance of fatherhood legislation does not provide for a procedure for the refusal of fatherhood, even if the person expresses a voluntary wish. But in principle it is workable, but only by court order. To opt out on fatherhood, you must write a petition to the court of the place of residence of the defendant and to collect the necessary documents.

How to apply for the paternity rights waiver
As to deprive the former husband's paternity
How to opt out of the father from the child
How to make applications for deprivation of parental rights

You will need

The statement of claim in court.
Receipt for payment of the state fee.
The document certifying powers of the representative.
Documents relevant to the conduct of the process (birth certificate of baby, marriage certificate, specifications, proof of impossibility of parental rights, etc.).

Instruction

Contact the district court at the place of residence with the required documents. Wait for the trial. If necessary, hire a lawyer to protect your interests or represent their interests themselves. A hearing is held, composed of the Prosecutor, bodies of guardianship and guardianship of the district courts according to paragraph 4 of part 1 of article 23, article 24 of the RF CPC.

Write a statement about the design of failure at fatherhood. In the process of doing the court will be given the opportunity of a written agreement between the plaintiff and the defendant for the deprivation of his parental rights. The court of the plaintiff is satisfied, the Prosecutor, and the guardianship does not prevent. At the same time the decision on collecting of the alimony on the maintenance of the minor child.

Explain the motives for the deprivation of parental rights. The reason may be the failure to pick up the baby from a maternity home, hospital, other children's institutions, the abuse of their rights, rude attitude to the child, demonstration of violence and sexual harassment. Also if the parents are drunkards, drug addicts commit criminal acts against the other spouse or children.

Get the court's decision. The basis in the case of deprivation of parental rights may serve pursuant to paragraph 2 of article 69 of the Family Code of the Russian Federation evasion from execution of duties of parents and "malicious evasion of alimony". There is a termination of parental rights, which frees children from the obligation care and maintenance of parents in old age, abolishes privileges and state benefits. But the denial of paternity is not exempt from the obligation of maintenance for the child (paragraph 2 of article 71 of the RF IC), which terminated only with his adoption by another parent.

Note

The decision to withdraw the paternity is not an absolute judgment, changing his relation to the world and children, paternity can be restored, again through the courts.

Is the advice useful?