For written statement of claim about deprivation of the parental rights of one parent or both at once, you can turn to lawyers or do it yourself. In some cases, for example, if a person in a helpless state to defend their rights, the right to file transferred to the Prosecutor's office. The document is drawn up in accordance with the provisions of the Family and the Civil procedure code.
The statement of claim you must file at the place of residence of plaintiff or defendant. In the upper right corner of the sheet you will indicate name of court, address, postcode. Then prescribe the personal data of plaintiff and defendant, the child's age. Here you specify additional information, such as phone number, email address. In the middle of the document reads "Petition". Samples can be seen on the stands in the courts, but sometimes that information becomes outdated, so when compiling you need to take into account changes in legislation at the time of writing.
In the statement you need to specify the circumstances under which the necessity arose to deprive the rights of one parent in the upbringing of the child. These may be evasion of parents from education, systematic evasion of payment of alimony, parental alcoholism, physical abuse and more. You need to consult with the tutorship and guardianship, to attach copies of documents confirming the validity of the plaintiff. Experts can confirm the fact of violations, repeated warnings of the defendant. Next, write about what you're asking for the court and on the basis of which provisions of the law.
At the end of the document for your signature and the date of preparation. Rules of law require to attach copies of receipts for payment of the state fee. Usually it is 200 rubles. The number of copies of the application must be exactly the number of defendants, plus one for the court. Please attach a reference from your study of the child, an extract from the house register about the financial and personal account, marriage certificate, birth certificate of the child, medical certificate about his health condition. Important if you get and provide to the court a certificate of the involvement of parents or one of them to criminal or other liability as the account in a psychoneurological or narcological dispensaries. This list is not exhaustive and is dispositive.
If you are not able to provide a similar list of documents to the court, this should be set out in the statement of claim with the reasons or file a separate petition.
If it is impossible to submit a document by yourself, you need to seek help from representative. It could be a person who is under the age of 18, the legal terms of the law. For it is made the power of attorney requiring notarization. A copy of the document also apply to the claim.
The more documents confirming the right requirements, you apply to a claim, the better. It can be help from the emergency room, from bailiffs on alimony debt, copies of sentences on completion of sentence etc. to Make a statement you have the right to personally or using a computer.
In some cases, can deprive of the parental rights? Termination of parental rights is realized by judicial procedure on the grounds stipulated by article 69, 70 of the Family code. Cases on deprivation of parental rights are at the request of one of the parents; the surrogate parents, the Prosecutor, and the statements of the agencies or institutions responsible for the protection of minor children.
The statement on deprivation of parental rights is filed in the district court at the place of residence of the defendant and considered in the proceedings, i.e. the appeal to the court is a claim. Even if in court it will be proved culpable conduct of a parent, in exceptional cases, the court, given the nature of his behavior, personality and other relevant circumstances is entitled to refuse the claim on deprivation of parental rights.