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How to formalize the abandonment of the child by the father: the procedure, the necessary documents and legal advice
How to formalize the abandonment of the child by the father: the procedure, the necessary documents and legal advice
Anonim

First of all, every parent must understand that he has a huge responsibility for the life of the child. This means that he is simply obliged to fully fulfill all his duties, which are assigned to him not only by the state, but also by all the laws of humanity.

boy crying

However, it often happens that a parent does not want to fulfill his obligations or believes that he will not cope with the task of raising a child. Perhaps the child was born with serious he alth problems. Such situations are not rare today. Not everyone is ready for such a burden, no matter how terrible it may sound. In this case, the subject is interested in how the father formalizes the abandonment of the child. To answer this question, it is worth considering this topic in more detail. You should start with what such a procedure means and what its consequences will be.

It will be necessary to prepare all documents and coordinate the consideration of the case with the spouse and specialists with the necessary information.

What constitutes a father's abandonment of a childvoluntarily

Unfortunately, in the modern world, many people cease to honor true family values. Marriage becomes fun, and children become toys that you can always take back to the store or simply forget about them. Often the head of the family gets tired of everyday life and the need to spend his time on his own flesh and blood. It happens that spouses decide to divorce. In this case, it is necessary to go through the procedure related to registration of custody of the child. And it is at this stage that some parents are visited by the thought of how the father should formalize the abandonment of the child.

According to statistics, it often happens that men prefer to refuse potential heirs. You need to understand that such manipulations are associated with the collection of the necessary documents and a rather long wait.

First of all, a person who has decided to abandon his duties and responsibilities must visit the court, as well as the guardianship authorities, where a corresponding statement is provided indicating that the man has come to such a decision and is ready to deprive himself of all parental responsibilities. After consideration of this document, a court session is scheduled, at which a final decision is made. Also in this process, the judge will have to decide on the appointment of alimony or their absence and determine the specific amount of payments.

Those who are wondering if a father can write a disclaimer will benefit from knowing that this procedure is actually possible. In this case, the child ceases to be a relative of the man and, accordingly, will not be able to claim inheritanceproperty. But you need to understand that the father in this situation is also deprived of any rights to what the child owns or will own in the future.

In court - symbolism

In addition, when talking about how a father can issue a refusal of a child, it should be borne in mind that after that he will be forbidden to meet with the child, to decide which school or university he will go to. If the child ends up in a medical institution, then the "ex-dad" will also not have the right to vote, in the event of a difficult situation that requires a difficult decision. However, if all these aspects do not stop, then you can move on to action.

Can an ex-spouse issue a waiver herself

This is indeed possible with voluntary and mutual consent. A wife can independently submit all the necessary documents to the court to deprive her husband of parental rights. If a woman unilaterally decided that her ex-husband has no rights, then this is not allowed in all cases. This is possible if the man did not take any part in the upbringing of a small child. In addition, instead of the father, the ex-wife can file an application for abandoning the child if, during their life together, the husband showed aggression or physical violence towards the child. The same applies to cases where a man has an alcohol or drug addiction, or he has ever committed crimes against minor family members.

It is worth saying right away that such a parent has no right to claim any help from his child,even if he can file a disability or disability. Even going to court will be absolutely useless, since no self-respecting specialist will force a person who has already been abandoned to support such a would-be father.

Divorce of spouses

How to formalize the abandonment of the child to the father

First of all, you need to understand that the appropriate decision is not made in a split second. The subject is advised to visit an experienced lawyer and get comprehensive advice. The specialist will explain all the subtleties of the issue, and also help to collect the entire set of documents. In addition, only a notarized refusal of the father from the child is accepted in court.

If we talk about the documents that will be required, then, first of all, it is necessary to draw up an appropriate application. After that, the document must be taken to a notary who will certify it with his signature and seal. The Parental Renunciation Sample can be downloaded online or can be requested directly from a legal service office.

Sample Application

In the document, the subject must express his voluntary consent to the fact that he will be deprived of parental rights. In addition, it is mandatory to indicate the reason that led to such a decision.

How long the document is being considered

Before you fill out a sample application for the refusal of a father from a child, it is worth clarifying a few points. For example, the fact that the judiciary deliberately does not make decisions immediately. The hearing of the case may be scheduled no earlier than6 months after the subject's request. This is necessary so that the man can think for some more time. Sometimes such decisions are made too impulsively. For example, if the ex-spouse just wants to take revenge on the woman. Unfortunately, not everyone understands that in any situation, in no case should a child suffer. Sometimes men regret such decisions, so within six months the representative of the stronger sex will have the opportunity to cancel his decision and withdraw the application.

With a representative

What needs to be included in the document

It is worth paying attention to the fact that the sample of the refusal of the father from the child is best taken directly in court. Then it will be the right form with all the latest updates. In addition to the reason for refusal, the document must also indicate the address of the authority to which this application will be sent.

In addition, you will need to provide your personal data. In addition to the last name, first name and patronymic, the exact address of registration and the details of the document confirming the identity of the applicant are indicated. In the text of the refusal, it is imperative to enter the exact data of the people participating in this process. At the very end, a phrase is indicated that says that the subject agrees with all of the above and understands all responsibility.

Additionally, you need to confirm that the man consciously came to this decision and understands that it will be impossible to return everything back. All this is done in front of the notary, after which he carries out the certification procedure. After that, with this application, you can go to the guardianship authorities and the court.

When it comes to how a father issues a child abandonment, it is also worth considering why some men take this step.

Reluctance to pay child support

Some men are sure that if they officially refuse the child, then in this case there will be no monetary pen alties in favor of the baby. However, it is worth upsetting such unfortunate fathers, because even after the complete abandonment of their child, according to Article 80 of the Family Code of the Russian Federation, the father is still obliged to pay a certain amount of money, which is assigned by the court for the maintenance of the baby. However, if the father refuses the children, alimony can be canceled. But only in one case.

Required Documents

The only way to get rid of alimony obligations is if the father abandons the child in favor of another man, who in turn arranges for adoption or adoption. Only in this situation can you stop paying child support. Since in this case another person becomes the official representative and parent. Accordingly, he assumes all obligations.

However, there is one caveat here. Even if the father’s refusal from the child is registered with a notary, all documents are submitted to the court and the case is considered, it must be understood that the subject will then have to pay alimony until the adoption procedure is completed. The fact is that the new spouse of a woman can start processing documents for adoption or adoption only after the former father of the child ceases to be hisofficial representative.

Other reasons

Sometimes it happens that a man continues to doubt that this child is really his. Of course, in this case, you can conduct a standard DNA test and prove the justification of a particular decision. For example, if it turned out that the child really has nothing to do with a man, then in this case, probably, the refusal can be justified.

It also often happens that the mother herself begins to look for information on how to write a refusal to the father to the father. Such acts are committed solely in the interests of the child in those situations where the representative of the stronger sex has a very strong negative mental or even physical influence on the baby. In this case, it is largely about protecting the life of the child.

Sometimes babies are born with birth defects, anomalies or other problems. Some parents are not ready for such tests. If we are talking about divorce, then the man understands that in this case he will have to look for ways to pay for the treatment of the baby. Therefore, some simply choose to forget about the child and abandon him.

Features of the refusal procedure

In this case, it will not be possible to confine ourselves only to the guardianship authorities, it will be mandatory to go through a trial. A completed and certified child abandonment form will need to be submitted to the appropriate authority. The father should first clarify how to write and fill out this document correctly. This information will be prompted by a lawyer or a member of the judiciary.Additionally, you will need copies of the passports of both former and current spouses, as well as a birth certificate for the baby.

father leaves

In addition, you need a certificate confirming the place of registration of the child, a marriage or divorce certificate, if it has already been issued. Additionally, a man must provide a certificate of his income. If it does not work anywhere, then you need to confirm this fact.

You may need additional documents that may affect the judge's decision. For example, if the biological father of the child waives his rights in favor of another person, then in this case it is also necessary to provide documents from the stepfather, who is ready to adopt the baby in the future. Additionally, in this situation, you will need a certificate of a new marriage of a woman. You also need to pay the state duty and provide a receipt as proof.

After the case is considered by the judge and a positive decision is issued, the corresponding order must be transferred to the registry office. Within three days, this body makes appropriate adjustments to the documents.

Who else must attend the trial

Representatives of guardianship authorities must be involved in the process without fail. If we are not talking about a refusal due to the fact that the man does not participate in the life of the child, then in this case both parents and the child himself must be present at the trial. If there is no full list of participants, then in this case the consideration is postponed. The only exception is the situation in which a woman canapply unilaterally.

Additionally, teachers or a child psychologist can be invited to the meeting. But this is only permissible if we are talking about a small citizen over 10 years old. When considering a case, the judge can turn not only to the former spouse, but also to the child himself, in order to clarify certain details. You can also involve relatives in the proceedings. For example, if domestic violence by a man is additionally considered. In this case, the judge must hear the testimony of all witnesses.

If a man who wants to give up his flesh and blood cannot be present at the trial itself, then his confidant must be there instead. This person must provide a notarized power of attorney. For example, a hired lawyer can act as a representative.

After the completion of the proceedings, and sometimes in its process, the procedure for the adoption of a child by another person (if there is such an applicant) begins. The judge will make appropriate notes and notify the registry office of the additional procedure. In order for the decision to be positive, it is recommended to collect as many positive characteristics as possible for the adopter. It will not be superfluous if the biological father himself confirms that he considers his child's stepfather more worthy of the role of dad. The opinion of the child himself is also necessarily taken into account.

In closing

Before you write a refusal of the child, the father should think several times. Such a decision would be impossible to mark. But it's not even about the representativeslaw, but in the child himself, who will never be able to forgive the parent for such an act. If, due to certain troubles, it seems that such a decision is justified, you need to try to find other ways to solve problems.

If this seems the only way out, then you need to clearly understand that after the court decision, the father will never have any rights to his flesh and blood. Also, he will not be able to demand from the child to care for him when he reaches old age. In this case, the law will always be on the side of the children. In addition, both according to the law and according to all moral laws, the child will call the father and take care of a completely different person in old age.

If there is no other way out, then you should check with a specialist how to write a father's refusal of the child. The sample must be completed by hand, after which you can go to court with it.

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