The Family Code of the Russian Federation says that parents of the child have the equal rights, and perform identical duties in relation to the child. Parents are obliged to bring up the child. The rights of parents cannot go to a section with the interests of the child.
The last measure which is applied concerning parents - deprivation of the parental rights. Can deprive of the parental rights on such bases:
- If the parent does not pay alimony, and he evades from performance of duties of the parent.
- If there is no good reason to take the children from maternity hospital, or another medical, educational or other institutions.
- If parents abuse the parental rights.
- Parents cruelly treat the child.
- Parents have chronic alcoholism or drug addiction.
- When the parent commits a deliberate crime against health and life of children and the spouse (spouse).
The court can deprive of the parental rights. The petition can be written by one of parents or other person replacing them and also authorities of guardianship or guardianship, etc.
In court there have to be facts in evidence which confirm indisputable fault of parents and the fact that the parent will not change the behavior to the best. Pronouncement by court of the decision on deprivation of parents of the rights concerning the child involves loss by parents of the rights who are based on the relationship fact with children. In case of such judgment the parents do not lose a duty to support the children and also to take part in expenses on training and treatment. Only after three years from the moment of decision by court about deprivation of the parental rights the parents are exempted from liability for the harm done to the child. If housing in which children and parents live is not privatized, then the court can draw a conclusion that joint life of parents and children is impossible therefore parents can be moved without granting other housing. If housing belongs on the property right to parents or children, then the parents deprived of the parental rights can be moved by a court decision as from the moment of adoption of the judgment the parents are not members of the family of the children. If housing in which children and the parent deprived of the parental rights live belongs to them on equal degree, then the parent has no right to be moved. Resettlement of children is in that case possible, but the right of their property for housing remains.