We are divorced from the father of the child year. During the divorce, he stated, the alimony will be pay voluntarily. So far this has not happened. Also he is not involved in raising a child and does not appear at all. I would like to deprive him of his father he’s right, since he has actually delivered himself from these duties. He is not an alcoholic and not a gangster, an external positive member of society. What are my chances and where to go?
Deprivation of parental rights is an extreme measure of family law, which applies to parents who do not ensure the proper upbringing of their children. According to article 70 of the Marriage and Family Code of Ukraine, deprivation of parental rights is made only in court.First of all, the grounds for deprivation parental rights have parents evading the duties of parenting their children. Such evasion should be intentional, i.e. cannot be deprived parental rights of a person who does not fulfill his parental duties due to objective reasons: illness, dementia, obstacles from the other parent, with which the child lives, etc. The most common in the practice of the courts is the deprivation of parental rights of those parents who have a harmful impact on children by their immoral behavior, being chronic alcoholics, drug addicts, etc.
In your case, if the husband has not visited the child for 7 years, does not pay child support, There is every reason to apply to the court for the deprivation of his parental rights. Have in view of the fact that for consideration of the case the court needs a written conclusion of the council (at administration of your area), and also participation in judicial session representative of the board of trustees and the prosecutor.
Subject: DNA test
If I'm a loner. I bring up a child without the material support of the father, although he is a wealthy person. Provided that I file a lawsuit to establish paternity, and the court will oblige him to take a DNA test, should I pay for this test? And what amount?
Regarding this issue, it should be said that according to the Code about marriage and family
"Fears of goiter` utanmuvati svoyh nevovnolіtnіh dіті і non-primary povnolіtnіh deyte, they demand material help. When uhilennі batkіv From the end of the day, the Kosti is obliged to compete with them in court order. "
"Vzaєmnі rights and obov`yazki batkіv i dіtey priming on pokhozhennі de_tey, to the order established by law.
Pokhodzhennya ditini vіd batkіv, supposedly do not bother me in my love, stand up With the help of a politician, they declared a Batkom and a Mother-in-Law in the state organizing organizations aktiv hromadyanskogo camp.
In razі populzhennya ditini y batkіv, they don’t bother with shlyubі, in case of dispute Speaking of batkiv batkivvstvo mozhe buti vstanovlenie in the court order for the application of one of batkiv abo op_kuna (p_klavnalnik) ditini, individuals, for utrimannі Yakozhi znazhoditsya ditina, as well as the same samoia ditini pіslya for her to be more or less.
When vstanovlennnі batkіvstva court berend to respect for spіlne residing spіlnogo gospodarstva matіr`y ditini і vіdpіdachem up to the young woman ditini, abo Splorny vihovannya chi utrimannya them ditini, abo prove, just to get it right vizvannya vіdpovіdachem batk_vstva. "
What kind of examination will need to be conducted, the court will establish, taking into account proposals of the parties and other persons who are involved in the case.
Regarding the payment for this examination, it is necessary to say the following: for the examination relate to legal costs, civil procedure Code of Ukraine establishes the following procedure regarding the reimbursement of judicial costs:
"Judgment abo judging, vykhodyachi from the lane camp of the hulk, who is entitled to From the court of justice, the income of the Vitita ...
... Koshti, potrіbnі to pay svdkіv і experts, as well as on a look around on the mat, to make a side ahead, the yak has ruined the misdemeanor.
Perelychenny in the staty of sumi not to be paid by the party, directly from the pay court Vitrata. "
The parties, the judgment of the judgment was decided by the judgment, the court adjudicated to the other parties All ships Vitrati, if you want to side and і was called to pay for court Vitrats on the power stalk. Yachtsha pozadovleno chastkovo, ships Vitrati prisuduyutsya pozivachevі proportionally to rozmіru zadovoleny court pozovnyh vimog, and vіdpovіdachevі - proportionally to ti частиї part of the povnovyh vimog, in yakіy pozivachevі vіdmovleno.
Court vitrati, incurred by the court, to be condemned from the skin side and proportionally I will call to the end of the week, it’s decided that I will be insured in the income power. "
Thus, according to the Code of Civil Procedure of Ukraine, if you file a petition, do not have the opportunity to pay for the examination, due to the difficult financial situation, the court will take these costs on itself, and then most likely the costs will be reimbursed at the expense of the defendant.
But today, on the basis of practice, such examination is paid for. the claimant, and then, if you “win” the case, the court awards you You incurred costs, the "loser" party.
If the parents are not scheduled, that is necessary in order to give the child father's name?
If the parents are not scheduled, that is necessary in order to give the child surname of father.
According to this question, the Family and Marriage Code establishes the following provisions:
Article 53. Establishing the child’s origin from parents who are not abiding. between each other in marriage.
The origin of the child from parents who are not between married, established by submitting a general application by the father and mother child to the state civil registration authorities.
In the case of the birth of a child from parents who do not abide in marriage, in the absence of a common parental statement, paternity can be established in a court of law at the request of a parent or guardian (trustee) the child, the person with which the child is dependent, as well as the child himself after she comes of age.
When establishing paternity, the court takes into account the joint residence and maintenance of a common household by the mother of the child and the defendant to the birth a child, or a general upbringing, whether they have a child’s content, or evidence, that confirm with certainty the recognition of the defendant paternity.
Section 55. Records of Parents Who are Not Married between themselves
If the parents are not married to each other, the record of the mother a child is carried out at the request of the mother, and the record of the child’s father is generally the application of the father and mother of the child, or the father is recorded according to the decision of the court.
When a child is born to a mother who is not married, if there is no general statement of the parents and the court decision on the establishment of paternity, the child’s father’s record in the birth register is by the mother’s last name, name, patronymic and nationality of the father of the child are recorded on her instructions.
Hello. I hope the question is at. We are already married 5 years old. Immediately not changed, but now I want.Is it possible Where do i go with this and what is the whole procedure?
Post-CMU vid 27 Birch 1993 p. N 233 “About the hardened Putting about the procedure for looking at the klopotan about the redemption of the great people of Ukraine, imen, on batkovі "zakverdzheni" REGULATION about the order of rozglyadu klopotan about Peremіnuyu puddles of Ukraine prіzvisch, imen, on batkovі.
Vipadok, about yaky yde mov u nutrition, pіdlyagaє pіd zagalnu procedure zmіni pryzvisch.
Zgіdno z Putting:
Zayava about peremіnu prіzvishcha, іmenі, on batkovі submit to vіddіl write down aktiv I will set up a community (nadali-v_ddіl registry office) for the applicant’s residence.
Before you declare about the change of prisy, names, on the batkovy dodayutsya:
When podannі klopotannya about peremіnu prіzvishcha, іmenі, on batkovі hornyadnI proyavlyayut passport, visa service - a document that is specifically intended for a person, and a person for a person reached the 16th anniversary, - a passport above all about a woman.
Viddil registry office zvryry vkazanі u klopotannі vіdomostі with documents of the applicant, transfer Yogo about adminіnіstrativnu vіdpovіdalіst for povodomlennya body of an untruthful registry office of і Домоми і роз`яснює applicants nasidki, povayazanі with the successive priszische, іmenі, on batkovі, zokrema, it is necessary to note the actions of documents, and also splay sovereign mit.
Roszlozha klopotannya about peremіnu prіzvishcha, іmenі, on batkovі to get rid of at nayavnostі in archives wіddіlu registry office record of the act of the people that record the act about the bearer (the applicant said to be in trouble) individuals, ya bazhaє peremіniti pri_vishche, im'ya, on batkovі.