First of all, each 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 that are entrusted to him not only by the state, but also by all the laws of humanity.
However, it often happens that the parent does not want to fulfill his obligations or believes that he will not cope with the task of raising the baby. Perhaps the child was born with serious health problems. Such situations are not rare today. Not everyone is ready for such a burden, no matter how terrible it sounds. In this case, the subject is interested in how the father to issue a waiver of the child. To answer this question, it is worth considering this topic in more detail. You should start with what this procedure means and what its consequences will be.
It will be necessary to prepare all the documents and coordinate the consideration of the case with the spouse and specialists with the necessary information.
What is a father's abandonment of a child voluntarily
Unfortunately, in the modern world, many people cease to honor true family values. Marriage becomes fun, and children are toys that can always be handed back to the store or just forget about them. Often the head of the family gets tired of everyday life and the need to spend his time on his flesh and blood. It happens that the couple decide to get a divorce. In this case, it is necessary to go through the procedure associated with the registration of custody of the child. And precisely at this stage, some parents are visited by the thought of how to arrange a father’s abandonment of the child.
According to statistics, it often happens that men prefer to abandon potential heirs. You need to understand that such manipulations involve collecting the necessary documents and a rather long wait.
First of all, a person who has decided to abandon his duties and responsibilities needs to 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 duties. After consideration of this document, a court session is appointed at which the final decision is made. Also in this process, the judge will have to decide on the purpose of child support or their absence and determine the specific amount of payments.
Those who are interested in whether a father can write a refusal of a child will find it useful to know that this procedure is really possible. In this case, the child ceases to be a relative of the man and, accordingly, will not be able to claim the inheritance of property. But you need to understand that in this situation the father is also deprived of any rights to what the child owns or will own in the future.
In addition, when talking about how to arrange a father’s abandonment of a child, it should be borne in mind that after that he will be forbidden to meet with a child, decide which school or university he will go to. If a child enters a medical institution, the “former dad” will also not have voting rights 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 the ex-spouse herself issue a refusal
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 former spouse does not have any rights, then this is not allowed in all cases. This is possible if a man did not take absolutely any part in the upbringing of a small child. In addition, instead of the father, an ex-spouse can apply for the abandonment of the child if the husband showed aggression or physical violence towards the child during their life together. The same applies to cases when a man has alcohol or drug addiction, or he has ever committed crimes in the direction of minor family members.
It is worth saying right away that such a parent does not have the right to apply for any help from his child, even if he can arrange for 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 contain such a sad father.
How to make a refusal of a child to his father
First of all, you need to understand that the corresponding decision does not take shape in a split second. The subject is advised to visit an experienced lawyer and receive comprehensive advice. The specialist will explain all the subtleties of the question, and also help to collect the entire set of documents. In addition, the court accepts only the notarial refusal of the father from the child.
If we talk about the documents that will be required then, first of all, it is necessary to draw up an appropriate statement. After this, the document must be attributed to a notary public, who will assure him with his signature and seal. A sample of the father’s refusal from the child can be downloaded on the Internet or asked directly at the office where legal services are provided.
In the document, the subject must express his voluntary consent to the fact that he will be deprived of parental rights. In addition, the reason that led to such a decision is mandatory.
How long is the document considered
Before you fill out a sample statement of the father’s refusal of the child, it is worth clarifying a few points. For example, the fact that the judiciary deliberately does not make decisions right away. The consideration of the case may be scheduled no earlier than 6 months after the appeal of the subject. This is necessary so that the man could think for some more time. Sometimes such decisions are made too impulsively. For example, if the former spouse just wants 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 their decision and withdraw the application.
What you need to specify in the document
It is worth paying attention to the fact that it is best to take a sample of a father’s abandonment of a child 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 surname, name and patronymic, the exact registration address and the details of the document confirming the identity of the applicant are indicated. In the text about the refusal, it is necessary to enter the exact data of the people participating in this process. At the very end, a phrase is indicated, which states that the subject agrees with all of the above and understands all responsibility.
Additionally, it is necessary to confirm that the man consciously came to this decision and understands that it will not be possible to return everything. All this is done in front of the notary, after which he carries out the certification process. After that, with this statement, you can go to the guardianship authorities and the court.
If it is a question of how a father can make a refusal of a child, then it is also worth considering why some men go to such a step.
Reluctance to pay child support
Some men are sure that if they abandon the child officially, then in this case there will be no monetary penalties in favor of the baby. However, it is worth afflicting such unfortunate fathers, since even after a complete abandonment of his child, according to Article 80 of the Family Code of the Russian Federation, the father is still obligated to pay a certain amount of money, which is assigned by the court to support the baby. However, if the father refuses children, child support can be canceled. But only in one case.
The only option to get rid of the obligation to pay alimony is possible if the father abandons the child in favor of another man, who, in turn, prepares an 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. Even provided that the father refuses the child from the notary, submits all the documents to the court and considers the case, it must be understood that the subject will then have to pay child support until the adoption procedure is completed. The fact is that a woman’s new spouse can start processing documents for adoption only after the child’s former father ceases to be his official 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 validity of a solution. For example, if it turned out that the child really has nothing to do with the 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 to the father about the abandonment of the child. Such acts are committed solely in the interests of the child in those situations when the representative of the stronger sex has a very strong negative mental or even physical effect on the baby. In this case, by and large it is about protecting the life of the child.
Sometimes children are born with congenital malformations, abnormalities or other problems. Some parents are not ready for such trials. When it comes to divorce, the man understands that in this case he will have to look for ways to pay for the baby’s treatment. Therefore, some simply prefer to forget about the child and abandon him.
Features of the failure procedure
In this case, it will not be possible to confine itself only to the guardianship authorities, it will be mandatory to go through a trial. It will be necessary to submit to the appropriate body a completed and certified sample of rejection of the child. Father should first clarify how to write and fill out this document correctly. This information will be prompted by a lawyer or judicial officer. Additionally, copies of passports of both former and current spouses, as well as a baby's birth certificate, will be required.
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, the man must provide a certificate of his income. If it does not work anywhere, then this fact must be confirmed.
Additional documents may be required that may affect the decision of the judge. For example, if the biological father of a child renounces his rights in favor of another person, then in this case, you must also provide documents of the stepfather, who is ready to adopt the baby in the future. Additionally, in this situation, a certificate of a new marriage of a woman will be required. You also need to pay a state fee and provide a receipt as confirmation.
After the case has been reviewed by the judge and a positive decision has been issued, the relevant order must be submitted to the registry office. Within three days, this body shall carry out appropriate adjustments in the documents.
Who else should attend the trial
Without fail, representatives of guardianship authorities must take part in the process. If we are not talking about the refusal due to the fact that the man is not involved in the life of the child, then in this case both parents and the child should be at the hearing. If there is not a full list of participants, then in this case consideration is postponed. An exception can only be a situation in which a woman can apply 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, a judge can contact not only the former spouse, but also the child himself to clarify certain details. You can also bring relatives to the proceedings. For example, if domestic violence by a man is additionally considered. In this case, the judge must hear the testimony of all the witnesses.
If a man who wants to give up his flesh and blood cannot be present at the trial itself, then his agent should be on his behalf. This person must provide a notarized power of attorney. For example, a hired lawyer may act as a representative.
After the completion of the proceedings, and sometimes in the process, the adoption of a child by another person begins (if there is one). The judge will make appropriate notes and notify the registry office of the additional procedure. To make the decision positive, it is recommended to collect as many positive characteristics as possible on the adoptive parent. It will not be superfluous if the biological father himself confirms that he considers the stepfather of his child more worthy of the role of the pope. Also, the opinion of the child himself is necessarily taken into account.
Finally
Before writing a rejection of the child, the father should think several times. Such a decision will be impossible to note. But the matter is not even in the representatives of the law, but in the child himself, who can never forgive the parent for such an act. If, due to the strength of various troubles, it seems that such a solution is justified, you need to try to find other ways to solve problems.
If this seems to be the only way, then you need to clearly understand that after the judicial conclusion, the father will never have any rights to his flesh and blood. Also, he will not be able to demand that the child 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 in law and in all moral laws, a child will call his father and take care of a completely different person in old age.
If there is no other way, then it is worth checking with a specialist how to write a refusal of a child to a father. The sample must be filled in by hand, after which you can go to court with it.