How to deprive a father of parental rights without his consent? How to deprive a father of parental rights List of required documents for deprivation of parental rights.

How to terminate the parental rights of the father of a child?

1. Decide if you really want to terminate parental rights.

Before asking the question “How to deprive the father of a child of parental rights?” first you need to decide whether this extreme measure is really needed and whether the effort will be worth the result itself.

The procedure for depriving a father of rights is quite complicated. Firstly, the deprivation of rights requires a sufficiently strong evidence base, secondly, the deprivation of rights, as a rule, is irreversible (except in cases where the father of the child has radically changed his behavior, and the child himself is ready to restore the pope's rights), thirdly , the procedure for deprivation of rights is quite specific and not as standard as, for example, a divorce or division of property - much will depend on how much you manage to psychologically win over the judge and guardianship employees. You need to understand that the result itself will depend largely on how correctly and competently your position is presented.

2. Collect all necessary documents, certificates, conclusions and other materials, to help you in court.

You will need all possible materials that can support your position. These can be certificates with the calculation of debts from bailiffs, certificates from the clinic, circles, kindergarten, schools, other educational institutions. As a rule, in order to obtain these documents, it is required to prepare a request for the retrieval of evidence - otherwise, it is often impossible to obtain these documents and materials.

It is desirable that before filing a claim, you already have a complete package of documents in your hands and additions during the process are minimal.

3. Writing a statement of claim.

The statement of claim is the document that should clearly, clearly and in as much detail as possible display your position. The claim must necessarily contain references to legislative norms, such as articles of the family code, government regulations adopted specifically on issues related to the resolution of disputes about children, itself life situation should be stated as clearly as possible and without unnecessary, irrelevant comments and explanations. Special attention must be given to the factual circumstances that you state as grounds for depriving the father of his rights to the child. A package of documents confirming the information stated in the application must be attached to the claim. As a rule, a really high-quality statement of claim takes 3-7 pages.

You can read more about the statement of claim on my website in the section " Statement of Claim".

4. Submission of an application to the court.

The filing of a claim is carried out by directly filing a claim with the judge himself during office hours, through the expedition of the court or by sending a claim with all attachments by mail.

When I conduct cases, as a rule, I submit the claim exclusively to the judge himself during office hours. This greatly speeds up the process of scheduling a hearing and considering the case itself, and also allows you to discuss with the judge the features and significant points of the case already at the initial stage, and prepare the necessary requests.

5. Preparation and further tasks.

Preparation for the consideration of the case in case of deprivation of parental rights is a very important stage at which you can ask the court to request the necessary information, identify key points to be proven, and talk with the judges themselves. Many lawyers neglect to participate in this stage of the process and thereby miss out on a number of opportunities that would allow them to resolve the case in a shorter time and with a successful outcome.

As well as for preparation, it is necessary to appear at all court hearings. And not only to the lawyer, but also to the applicant himself. This is a very important psychological moment, it allows the judge to evaluate directly the parent with whom the child lives, and it will also show your interest in the case. Of course, a lawyer or lawyer can participate in the case without you, but keep in mind that this may affect your chances of winning the case.

6. Court decision.

There can be three options:

A) refusal to terminate parental rights.
B) restriction, but not deprivation of parental rights.
C) termination of parental rights.

In the first two cases, if the respondent does not change dramatically in positive side, then in six months you can re-sue the court to deprive the father of his rights, and, almost certainly, he will be deprived of parental rights.

The entire procedure for depriving the father of a child of parental rights takes an average of 1.5 to 3 months from a qualified, experienced lawyer. In some, especially severe cases, the process can be delayed for up to six months, in rare cases, even a little more.

How to deprive a father of parental rights without his consent?

Deprivation of parental rights of the father without his consent occurs according to the standard procedure described above. The only significant difference will be the fact that the defendant will most likely present his objections, and maybe even a counterclaim, and the procedure can be seriously delayed. As for the very outcome of the case in this case, then if your interests are represented by a good specialist, you should not worry. If the grounds for deprivation of rights presented by you are sufficiently weighty and your position is indicated by a lawyer in a favorable light, then, most likely, the extra rights will be successfully held.

How to deprive the parental rights of the father, if he agrees?

If the father of the child agrees to the deprivation of his parental rights, then the case will still be necessarily considered exclusively by the court, the judge will also study all the materials of the case, it will be checked whether the rights of any of the parties are violated if the defendant recognizes the claim, and only after that a decision will be made. Of course, if there are no objections from the defendant, the chances of a successful resolution of the conflict increase significantly, but the fact that the judge may consider your demands untenable can never be ruled out. Therefore, in order for everything to go smoothly and in the shortest possible time, it is better to enlist the support of a good specialist who will help you competently and correctly represent your interests.

Foundations.

To deprive a father of his rights, the law provides for only a few grounds, and it is worth noting that the list of grounds is closed and cannot be supplemented at one's discretion. As a rule, the grounds for deprivation of rights are: the father's alcoholism, evasion of caring for the child, and cruelty to him. You can learn more about all the grounds for deprivation of rights.

How much does it cost to deprive a father of parental rights?

The cost of services of a lawyer for deprivation of parental rights greatly depends on the complexity of the process. You can read more about the prices for my services

A complex legal issue that often confronts divorced mothers. Their main claim to the former spouse is that he does not support or does not support enough children from a dissolved marriage, does not participate in their lives.

But not only a divorced father can be deprived of parental rights.

The law does not, in principle, distinguish between barque and non-barque parents with regard to their rights to children and parental responsibilities.

Foundations

Grounds for depriving the father of parental rights:

Evasion from their execution: failure to take care of the development and education of children, their health, preparation for work;
Malicious non-payment of alimony.

If the father temporarily does not fulfill his father's duties due to difficult life circumstances, health status, due to a mental disorder, that is, for those reasons that do not depend on him and cannot be instantly eliminated by him, then deprivation of rights is impossible. If it is dangerous for a child to be with his father, the court transfers him to live with his mother or to the care of guardianship and guardianship authorities.

Is it possible to deprive a father of parental rights if he does not pay child support?

A short delay in the payment of alimony or a small debt on them in itself cannot be the basis for depriving the father of parental rights.

Refusal to pick up the baby from the maternity hospital, educational institution, social service organization;
Abuse of rights: the use of parental rights to the detriment of children, which can be expressed in the creation of obstacles to meetings with the second parent and other relatives; impeding the realization of the child's right to education, medical care; inclination to criminal activity, prostitution, begging, use of intoxicating substances;
Child abuse: violence, assault on sexual integrity; unacceptable upbringing in the form of rude, humiliating, neglectful treatment;
Alcoholism or drug addiction;
Committing a deliberate crime against children, a spouse (even if he is not the second parent), another family member.

The list of bases is exhaustive. This means that for some other reason it is impossible to deprive the father of parental rights.

The procedure for deprivation of parental rights

The procedure for deprivation of parental rights is simple and complex at the same time. Its simplicity lies in a small number of necessary legal actions, and its complexity lies in the need to carefully prepare the evidence base in the case, because the slightest doubt will be interpreted in favor of the defendant, since the law protects motherhood and fatherhood equally.

Deprivation of father's parental rights can only be implemented in court. Other forms of unauthorized restriction of the father's rights are fraught with liability. The application is submitted by the second parent representing the interests of the child, or another representative: the prosecutor, guardianship authorities and organizations whose activities are related to the protection of the rights of minors.

The participation of the prosecutor and guardianship authorities is mandatory when considering the deprivation of parental rights.

Should a father pay child support if he is deprived of parental rights?

The parent deprived of parental rights retains the obligation to support their children, therefore, during the process of depriving them of their rights, the issue of collecting alimony from them is considered.

If the reason for the deprivation of parental rights was the commission of actions containing elements of a crime, the court shall notify the prosecutor's office of this.

A copy of the court decision with a positive decision to deprive the father of parental rights is sent to the registry office.

If the mother sees a real reason for depriving her father of rights, then she should take the following steps: Steps:

Gathering evidence to support your position;
Compile and file a claim;
Announce the interrogation of witnesses (their presence in the process is highly desirable);
Give evidence;
Get executive document.

What evidence is needed to terminate parental rights?

Evidence could be:

Paper document

Application for refusal to pick up a child from a maternity hospital, medical institution, social service organization;
A court verdict on the conviction of an attempt on the life, health or sexual integrity of a child or other family members;
Medical conclusion about the disease of alcoholism or drug addiction;
Information about calling the police when the father of the child commits unlawful acts;
Medical reports on beatings, injuries, other bodily harm;
The conclusion of a psychologist, speech therapist, teacher on the results of the impact on the child of cruel methods of education;
Acts of inspection of housing conditions;
Characteristics from the place of work/study of parents;
Reviews of teachers, doctors of the child about the relationship with the father;
Testimony of witnesses certified by their signature.

Documents in the form of photo, video, audio recordings.
Other evidence.

In the statement of claim, it is necessary to describe in detail, point by point, with references to relevant evidence, the reasons why the mother demands to deprive the father of the children of parental rights.

What documents are needed to deprive a father of parental rights

The following documents are submitted to the court:

The claim and its copy;
All of the above evidence;
Copies of the passports of the parties to the process;
Certificate of marriage or divorce;
Birth certificates of children;
Power of attorney for a representative (if any).

Only copies are attached to the claim. The originals for review and comparison are presented during the process.

Legal Consequences

The child is transferred to the mother, and if it is impossible to transfer it to the mother - to the care of the guardianship authorities;
The obligation to support the child remains until the moment of his adoption (in some cases - after adoption);
Six months later, if the father is not restored in parental rights, the child can be adopted;
If it is deemed impossible for the father to continue living with the child, the father may be evicted;
Baby saves property rights regarding the father deprived of parental rights, and the father loses them in relation to the child;
The right of the father to the family capital is lost.

How can I restore parental rights

The father can be restored in parental rights in this way:

Change the lifestyle and behavior that led to the deprivation of parental rights;
Collect the necessary evidence;
Apply to the guardianship authorities to give an act of examination of the housing and living conditions of the father;
Apply to the court with a claim;
Obtain a court decision and, depending on its content, resolve the issue of appeal;
Obtain a writ of execution and, in the absence of voluntary execution, demand enforcement in the manner of enforcement proceedings with the obligatory participation of guardianship authorities.

The lawsuit must state the circumstances under which the decision to deprive parental rights can be canceled.

If the child is placed under guardianship of a third party, you must specify in the claim the requirement to remove the child from this guardianship and transfer it to the parent.

Evidence may vary.: certificate of employment; an acquittal or a court decision to annul the sentence; certificate of recovery from alcoholism or drug addiction; documents on repayment or absence of alimony debt.

Restoration of parental rights is considered with the participation of the prosecutor and the employee of the guardianship authorities.

Frequently asked Questions

Can parental rights be restored if the child is an adult?

Restoration of rights in relation to a child older than ten years is possible only with his consent.

Is it possible to restore parental rights if the child is adopted?

With regard to an adopted child, if the adoption is not canceled, it is impossible to restore parental rights. The father can be reinstated if the child has not been adopted.

Is it possible to limit the father's communication with the child?

It is possible to deprive a father of parental rights if he manifests deviant forms of behavior. If there is no legal basis for this, but it is likely that the lifestyle or habits of the father will have an adverse effect on the child, it is possible to require the court to limit their meetings or arrange meetings in the presence of the mother or another person whom she trusts.

Is it possible to adopt a child after the termination of parental rights?

You can adopt a child six months after depriving the father of parental rights.

You can ask your questions to our duty lawyer online using the form below. You can also order a free call back for a telephone consultation.

The recent news that in the Norwegian city of Tromso, local authorities have taken away a five-year-old son from a Russian family, seems unbelievable. The baby had a loose milk tooth, which the mother pulled out, perhaps even by accident, putting a T-shirt on the child. At school, the sociable Oscar told his classmates about this, and the teachers told him “where to go.” Employees of the Norwegian Child Protection Service, without warning, seized the child, who is a Russian citizen, and sent him to a foster family.

It's hard to think of a more stupid reason. But Oscar's parents are definitely not laughing - they will have to sue for a long time in order to get their child back.

Such ridiculous cases, due to which children are deprived of a normal family, in different countries many can be cited. But how are things with us? Can a prosperous Russian family be deprived of a child, and for what?

The law that drew...

According to experts, about 300 social orphans appear in Russia every day. These children are taken away from their families, and their parents are deprived of the right to raise them. Today, it turns out that it is not difficult to take a child from a family for guardianship authorities here in Russia - the law provides them with the widest powers for this.

One of the main documents that gives the right to take away a child from the parents is the Family Code of the Russian Federation.

The grounds for deprivation of parental rights are the following actions (Family Code, Article 69):

Evasion of parental obligations, including evasion of alimony payments;

Refusal without good reason to take the child from the maternity hospital, hospital and other institutions;

Abuse of parental rights;

Child abuse, mental or physical abuse;

Chronic alcoholism or drug addiction;

Committing an intentional crime against the life and health of children or a spouse.

Separate paragraphs of this law can be interpreted in their own way, depending on the “desire” of the employee of the guardianship and guardianship authority. For example, the Supreme Court of the Russian Federation (Decree No. 10 of May 27, 1998) explains that “abuse of parental rights” should be understood as the use of these rights to the detriment of the interests of children - for example, creating obstacles to learning, inducing begging, theft, prostitution, alcoholic beverages or drugs, etc. (paragraph 3, paragraph 11).

In general, “abuse of parental rights” is a fairly broad and easily interpreted formulation for deprivation of parental rights. Under this very “abuse”, almost all forms of raising a child can take place: for example, punishment and forcing to provide assistance (in particular, to wash the dishes before sitting down for lessons).

Article 77 of the Family Code allows the child to be taken away from the parents simply immediately in case of a direct threat to his life or health.

Perhaps in this way the legislation protects the rights of children, but at the same time deprives them of a normal loving family.

Many reasons can be found

In general, lawyers note, the concept of family “ill-being” is so vague and vague that it opens the way for real juvenile arbitrariness, and parents often find themselves powerless to prove their right to a child in court. He can be removed from his family for rent debts, for the fact that the apartment has not been repaired for a long time, and dirty dishes have accumulated in the sink. Simply because there is no fruit in the refrigerator, and the baseboard is not nailed in the room. This is the law.

One of the many stories of unjustified and cynical removal from the family of a one-year-old child happened to Russian citizen Maria Shakirzanova. Employees of the Tagansky police department took the daughter from her mother when she came to the passport office to clarify its working hours on holidays. After the young mother turned to the employee of the institution with the question of where to feed the baby, she decided that the woman was homeless and called the police. Law enforcement officers caught Maria just in the feeding period. This did not stop the men with machine guns, they asked the woman to present documents for the child.

At that moment, Maria only had a birth certificate for her daughter, the rest of the documents were being re-registered at the passport office. This did not suit the police, they took the child and drove away. And there are plenty of such examples.

How to protect children in Crimea

As it turns out, it's hard to talk about it. Irina Klyueva, who was appointed about two months ago to the position of Commissioner for Children's Rights, admits that work in this direction is only getting better.

Irina Klyueva, Commissioner for Children's Rights in the Republic of Kazakhstan:

“Everything is still at the registration stage. So that they understand: the commissioner has been appointed, but the service as such has not yet begun to work, since such an institution did not exist before. Now almost everything needs to start out of the blue…”

According to Irina Klyueva, many applications have already been received from Crimeans in need of urgent assistance.

Irina Klyueva:

“We are starting to work, in particular, with non-payers of alimony. In addition, there are a lot of disputes - we did not even suspect this - which parent can communicate with the child, how, for how long. Appeals are received about the eviction of children from the apartment, about the illegal appropriation of their housing ... There are many different everyday moments that affect the interests of the child, and this is our sphere ... "

Legal advice

How to prevent juvenile technologists from taking your child away

The main thing that needs to be understood from the very beginning: if the guardianship authorities took you on a pencil, it is unlikely that you will be able to agree with them in a good way. In the future, you have to be very careful.

If the situation is running and guardianship officers are rushing to the apartment? Legally justified options such. First: do not open to the guardianship authorities at all; if they come unannounced, you don't have to let them in. The second option: if you still decide to let them in, then in every possible way show that they are not the masters in the house. You can immediately force them, for example, to take off their shoes, put on slippers and wash their hands. In slippers, it will be more difficult for them to run away. You can also prohibit guardianship authorities, and even the police, from entering rooms where you do not want to let them in for some reason.

Employees of guardianship authorities should not be taken alone. It is necessary to call as witnesses everyone who is possible: friends, neighbors, acquaintances. Audio and video recording is required. And it is better if several people do it at once.

At the very end, employees of the guardianship authorities are required to draw up an act on the inspection of the apartment. They must present this act to you, it must be photographed, as well as in general all the documents that they have (certificates, etc.).

Anton PAVLOV
Photo Archive "KT"
The material was published in the newspaper "Crimean Telegraph" No. 303 dated October 31, 2014

The forced need to deprive a person of parental rights is not at all uncommon. It happens that even children born in mutual love suddenly become a burden for one of the parents. More often for a dad, it is not surprising that a woman who is forced to raise a child alone begins to seriously think about how to deprive her father of parental rights and forget about him forever. A bad father risks losing the rights of a parent in relation to children under 18 years of age.

Claims to the father to initiate proceedings

It will not be possible to groundlessly demand in court to deprive a parent (father) of his rights. There must be grounds for this, a full list of which can be found in the UK:

failure to fulfill obligations (the father does not participate in the care of a minor, does not educate, does not seek to provide normal living conditions);
evasion of alimony payments;
refusal to take the baby from the maternity hospital, hospital, orphanage, other similar institutions (there is no good reason for this);
abuse of parental rights;
cruelty, violence (physical, psychological), sexual harassment;
dependence on alcohol, drugs;
intentional criminal acts that threaten the life (health) of the child / spouse.

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Litigation against the father

Deprivation of the rights of a parent is an exceptional measure with serious legal consequences. It would be better for former spouses to peacefully agree on what role each of them will play in the fate of joint children. But since the situation is deadlocked, the only thought is ripening in my head: where to start depriving the father of parental rights and what are the next steps.

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Preparation of necessary documents

According to which of the above points the father's guilt will be recognized, the court will decide. The plaintiff needs to collect a maximum of certificates confirming his position and take care of the testimony of witnesses - in specific circumstances, the documents will be different each time. However, there is also a standard set:

statement of claim + copies for both parties (submitted to the court at the place of residence of the defendant);
two certificates - about the birth of a child, about divorce (with copies);
certificate of family composition (if you prove that the minor lives with you);
receipt for payment of state duty.

First of all, you need to think about what to state in the application. It must necessarily formulate the reason - from which particular parental duties the respondent evades, what is abnormal in his behavior and relationship with the child, etc. In addition to what has been said, it is desirable to describe in detail the circumstances, to refer to the facts.

And how can the father of the child be deprived of parental rights if it is not known where the man is currently staying? But even here there is a way out - prepare a lawsuit for filing with the court at his last registered address known to you or at the location of his property.

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What to Expect from the Judgment

The judge has the right to demand to provide any necessary documents. In the course of the proceedings, the defendant will most likely oppose the accusations put forward by you and bring his own counterarguments. As a result, a compromise may occur: despite the fact that your lawyer has accumulated a bunch of compromising evidence and assured that he knows how to deprive the parental rights of the father of the child, the judge will issue a verdict on the restriction, but will not completely deprive him of his rights.

Attach a request for the recovery of alimony to the statement of claim. Even if you refuse material support as a matter of principle, the court is obliged to consider this issue in the interests of the child. And do not be surprised if a man easily agrees with the loss of rights to his son or daughter.

For example, he knows that ex-wife aims at a new marriage, and her chosen one is ready for adoption and taking care of someone else's child. However, in such cases, it is better to stipulate the situation in advance so that unexpected surprises do not pop up right in court. By mutual agreement, the procedure for depriving paternal rights is much simpler.

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Legal Consequences for a Disenfranchised Father

If you state the essence in one phrase, then the father and child from a certain moment lose their family connection, cease to be family people. The legal consequences for the father are as follows:

will not be able to receive maintenance assistance from a child when he grows up (in case of incapacity), since adult children are not required to delve into problems former parents;
will lose the opportunity to have state benefits (allowances) due to families with children;
will not be able to influence the choice of the place of residence of the child, to lose the opportunity to meet with him, to be involved in his life, to participate in education;
will lose the right to property inheritance upon the death of the child.

At a consultation with a lawyer, women ask how it is possible to deprive their father of parental rights, but are little interested in further developments. Do they know that a man who has lost his father's rights is legally forever deprived of the opportunity to adopt, be a guardian or adoptive parent?

The obligation to pay child support remains with him until the age of majority of the child. If the children are registered in the father's living space, they retain the right to this property, as well as the right to inherit his property.

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Some useful nuances

Russian laws allow you to speed up the process of deprivation of paternity as much as possible, but the father always has a chance to regain the rights to the child and become a parent again.

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Simplified procedure for deprivation of father's rights

The above describes a method of coercive influence on a person who does not fulfill his father's mission. The process of depriving the father of his rights is greatly simplified if he himself has no objections to this. Considering given fact, the father must contact the guardianship / guardianship authority at the place of residence of the child, who, without tedious proceedings, will write a positive conclusion to present it to the court.

Children don't need a drunk father

If a man is ashamed to go to the guardianship service, avoiding private inquiries, then there is another option - to visit a notary and notarize the renunciation of paternity. The document received in hand must be presented to the court.

A father who agrees to be deprived of his rights can pay for the services of a lawyer who will represent him in court so as not to come personally to court hearings.

The case will be completed as soon as possible, and the plaintiff (the mother of the child) will not have to puzzle over how to deprive the father of the rights to the child, collecting a variety of arguments and evidence.

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Who else can be the initiator

Deprivation of paternal rights is a complex process that requires time and effort. Most often, activity comes from the mother, and it is not so important who the children are with - it is possible that with dad. If indisputable evidence is given of how paternal influence adversely affects the child (physical condition, health, moral well-being), the guardianship authorities have the right to take him away from the father immediately - before the case goes to court.

The difficult question concerning the parental rights of the father is sometimes destined to be solved by children when they reach adolescence. From the age of 14, a son or daughter can bring a lawsuit against a negligent parent. Suppose a teenager with his mother wants to go abroad to study, but his father is against it and does not give permission to leave.

The circle of persons with the right to demand to deprive the father of his rights is quite wide:

guardianship authorities, institutions (boarding schools, orphanages, orphanages) that control dysfunctional families;
guardians, adoptive parents;
juvenile inspector, prosecutor.

Both parents are equally important

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Chances of regaining paternal rights

A father deprived of rights may try to restore them through the courts. In two cases, his actions are hopeless - if the child is legally adopted and if he has already reached the age of majority. The court reviews the initial circumstances to determine whether there are changes in better side.

The point of view of the other parent or other persons responsible for the child is taken into account. Refusal to restore rights is an occasion to analyze what remains to be done in terms of correction. You can try again after a year.

Anyone who is worried about how to deprive a family of paternal rights is advised to consult a qualified lawyer on an individual basis. No two situations are exactly the same, and the statement of claim must be drawn up correctly.

Parental rights, and with them responsibilities, appear to parents immediately at the moment their child is born. Or when the court issued a decision in your favor on the adoption (or adoption) of a child born from other parents.

What are the rights of parents

You can talk for a very long time about what exactly is included in the concept of "parental rights", and still not be able to establish their complete list. They are closely intertwined with the duties of parents to educate their children. Articles 63 and 64 of the Family Code of the Russian Federation indicate the most basic and most general of them:

the right (and obligation) to raise, educate and develop their children,
duty (and right) to protect the interests and rights of your child,
duty (and right) to take care of health, take care of moral, physical, spiritual, mental development child.

Of these three general rights and obligations in relation to your child, you can single out a huge number of private ones arising from them, you can list them for a very long time. The main condition, no matter what rights the parents have over the child, and no matter what duties they have to him, they must act exclusively in the interests of their child and for his good.

Parent is no longer a parent

It is possible to deprive a father or mother of their parental rights only if there are conscious guilty actions in relation to their children. For example, it will not be possible to deprive a mother of parental rights if, due to poor health, she is not able to provide food to her child every day, buy the necessary things for him, send him to school, etc. The exception will be diseases associated with drug and alcohol addiction. Such parents are subject to deprivation of their parental rights.

Fathers are most often affected by deprivation of parental rights. It is no secret that the mother-child bond is closer than the father-child bond. Often only the mother is able to satisfy all the basic needs of the child (with the exception of material ones, when the father is the head of the family, the breadwinner).

A mother who has set herself the goal of getting rid of a negligent second parent will almost always find a reason why her father can be deprived of parental rights.

There are also situations when parental rights are deprived of mothers, but this happens less frequently.

In judicial practice, there are cases when parents are deprived of their rights on the claims of the children themselves.

It is possible to deprive parental rights of the natural, biological parents (or those who are indicated in the child's metrics at birth). With regard to adoptive parents and adoptive parents, a decision is made to cancel the adoption.

Another important condition is that only a parent can be deprived of parental rights in relation to a minor child or not emancipated, who has not reached the age of majority before the age of 18. In relation to already adult children, the parent automatically loses most their parental rights and responsibilities.

Grounds for termination of parental rights

The reasons why parents are subject to deprivation of rights in relation to their children are indicated in Article 69 of the Family Code of the Russian Federation. There are six in total:

1. Evasion of their direct parental duties. This includes all those obligations that are established by family law. Failure to comply with one of them or several at once is already a reason for deprivation of parental rights. Evasion of maintenance payments also applies to this item and can serve as a reason for depriving a parent of his rights, so you should familiarize yourself with.

2. Refusal to take your child from a medical institution (including from a maternity hospital), an educational institution, a social protection organization or other similar organizations without good reasons.

Exception: a child is in such an institution for health reasons and medical reasons. With regard to leaving a newborn child in a maternity hospital, one can speak about depriving his mother of parental rights only when her identity is established and she is recorded in the “mother” column on the birth certificate. Otherwise, there is simply no one to deprive of parental rights.

3. Parents' abuse of their rights, when a child is persuaded by them to beg, prostitute, use alcohol and drugs, etc., often for profit.

4. Child abuse, expressed in beatings, pain, humiliation of human dignity, sexual inviolability, etc.

5. Committing an intentional crime directed at a child or his other parent. Evasion of alimony, beating, improper exercise of their parental rights - these are already crimes against their minor child. This refers to other criminal acts that are committed intentionally, and guilt in their commission is proved by the court passing a guilty verdict on the parent.

6. The parent is a chronic alcoholic and drug addict, which is why he is not able to normally fulfill his parental duties and ensure the moral development of his child.

Any other reasons, if they do not at least indirectly fall under those indicated above, will not be grounds for deprivation of parental rights. One of these grounds or several will immediately help you understand how to deprive your ex-husband of paternity.

The procedure for deprivation of parental rights

It will be possible to deprive a citizen of parental rights only in court. To do this, it is enough to file a claim with the judicial authority to any of the following persons:

second parent,
the prosecutor who established the fact of violation of the rights of the child,
body of guardianship and guardianship, if the rights are deprived of the only parent,
a representative of the educational or medical institution where the child is kept for health reasons or for some other reason.

The lawsuit indicates the reason why the child should be isolated from the society of the parent due to the harmful influence of the latter on him and the failure to fulfill his rights.

It is possible to exclude the guilt of behavior and challenge the deprivation of parental rights if the parent does not fulfill his obligations towards children due to independent reasons and a combination of serious circumstances. For example, a mental disorder, severe illness, etc. The exception is alcoholism and drug addiction.

If there are sufficient grounds that we have indicated above, the judge will issue a decision to deprive the parental rights of the father (or mother). To do this, the court needs to provide all kinds of information confirming that the rights of the child were violated, and parental duties were not fulfilled. These can be various documents (certificates from medical institutions confirming alcohol addiction; materials from the police about beating a minor; information from the bailiff service confirming the existence of alimony debt; a court verdict accusing a parent of committing a criminal act against a child, etc. .), testimonies, physical evidence.

If at the time of consideration in the court session of the case on deprivation of parental rights, the child is 10 years old, the court will take into account his testimony, as well as the desire or unwillingness to live with such a parent.

Often, the judge decides not to deprive parental rights, but to temporarily limit them. In this case, the parent is given time to think about his behavior, take all measures to fulfill parental duties to the fullest, and recover from addictions. If a parent takes the path of correction, the court restores his rights to the child.

After the entry into force of the decision on deprivation of paternity (or motherhood) in six months, the child will be able to find another family and prosperous parents.

Deprivation of parental rights of the father and alimony

Providing material support to your child is also the responsibility of the parent, including the payment of alimony to him. Failure to fulfill this obligation is a reason to deprive the parental rights of a parent who evades their payment. If the father systematically does not pay alimony, has accumulated a huge debt, has been repeatedly convicted under Article 157 of the Criminal Code of the Russian Federation for malicious evasion from paying alimony, this will serve as a reason for depriving him of his paternal rights. But it will not become a reason for exemption from the obligation to make alimony payments by court decision in the future.

In addition, there is criminal liability for non-payment of alimony. More about this.

But to declare his right to receive alimony for his maintenance, when he becomes elderly and disabled, such a parent in relation to an already adult child will not be able to.

Consequences of deprivation of parental rights

A father (or mother) deprived of parental rights loses all claims in relation to the child: the right to upbringing, education, communication, to represent his interests in various bodies, to receive payments and benefits related to the birth and upbringing of the child, to recover from him in the future alimony for their maintenance, etc..

Once disenfranchised, a parent can never become an adoptive parent or guardian of that or another minor child.

If a child retains the right to live in an apartment of a deprived parent, to receive an inheritance after his death, etc., then the parent automatically loses such rights in relation to the child and even risks being evicted from the home if he lives in it with the child under an agreement social recruitment. Such a parent is also not entitled to receive an inheritance in the event of the death of a child.

The parent will be able to return their rights if they are restored by the court. To do this, you need to write a statement of claim and provide exceptional evidence confirming that the parent has corrected himself and is able to properly fulfill his rights and duties of upbringing in the interests of the child.

If you still have questions about what you can deprive of parental rights, then ask them in the comments.