How to deprive a father of his father’s parental rights after a divorce: grounds, reasons

Home Parental rights Deprivation of parental rights

Our world is full of injustice and paradoxes. There are so many mothers around who raise their babies alone that it becomes sad. It would be understandable if they were widows, but most often the situation is completely different. We are not talking about those women who themselves do not know who their children are from. And about those whose husbands left the family or, on the contrary, terrorized their households. Often in such situations, the only way out is to deprive the man of all rights to the child or children. So what needs to be done to deprive your ex-husband of parental rights? Does this make sense?

Why may deprivation be necessary?

How to deprive my ex-husband of parental rights? In fact, depriving a person of parental rights is not so simple.

Such an action, of course, has more serious consequences and background than it might seem at first glance.

Where to begin? First of all, you need to understand the reasons why the law allows deprivation of a father’s parental rights. In what cases can you lose your rights to your baby:

• addiction to prohibited substances (drugs), as well as addiction to alcohol in severe forms;
• if the father uses his rights for evil;
• committing an attempt on the health or life of a minor or the child’s mother;
• having a strong gambling addiction;
• amoral behavior;
• violence, humiliation and tyranny against household members;
• if the spouse does not live with the baby, but does not want to participate in its development and pay the required alimony.

These are the most compelling reasons for depriving a father of parental rights. However, the court could take into account other aspects that theoretically or practically could harm the child, but are not included in this list. We should also talk about the issue of abuse of parental rights. It contains another list that fully explains what this abuse may consist of:

1. Forcing to use drugs or alcohol.
2. Compulsion to have sex, both with strangers and with the dad himself.
3. Forced begging.
4. Coercion to commit various crimes against not only the child’s mother, but also third parties.

In such cases, judges examine cases more closely, because the proceedings go beyond the scope of the Family Code of the Russian Federation.

For such actions, they may not only be deprived of the opportunity to communicate with the baby, but also a criminal investigation. The law is quite harsh when it comes to crimes against minor children.

It is worth noting that after the child comes of age, the reasons for depriving the father of parental rights will completely lose all meaning.

You cannot deprive the rights of an incapacitated child, regardless of his or her age.

Who should file a claim to terminate a father's parental rights?

By the way, this problem was considered by the law for a reason; there is a compelling reason for establishing a circle of persons who have the opportunity to appeal to the court with such a request. The problem is that there are a lot of fake sympathetic people around (especially around not the most prosperous families). It is not clear why these people meddle in the lives of other people’s families, but before the adoption of the restriction, statements poured out like a cornucopia. It’s impossible not to react to them - what if the baby is actually in danger? And there are also relatives who, for certain reasons, want to take the baby for themselves. Therefore, a claim for deprivation of the father’s rights can only be filed by:

• the mother of the minor herself;
• a third person who replaces the mother, that is, a trustee or guardian;
• employee of the prosecutor's office;
• specialized children's institutions, including guardianship authorities.

There are situations when the sympathy of strangers can only help a minor if his relatives do not care about him, or the woman is terribly intimidated. Where to turn in this case? Yes, the court will not accept statements from strangers, but you can contact the same guardianship and guardianship authorities or the prosecutor's office.

They will conduct an investigation into the fact of the statement, and if the fears are confirmed, they themselves will initiate proceedings in court. They can also determine whether the deprivation of parental rights of both parents or just one is required.

Sometimes, as a result of inspections, very unpleasant facts of offenses against children can become clear, so it is quite possible for both parents to be deprived of parental rights with the child removed for transfer to another family.

What certificates and papers do you need to collect?

What documents are needed to deprive a father of parental rights today? At first, this question is very relevant. There is no strict list of documents provided, because each case is very individual. However, there is a list of documentation that should definitely be included in the package:

• metric confirming the birth of a baby;
• documentation confirming the existence of a marriage and its end, if any;
• if the baby lives with his mother, then you must also provide a certificate of family composition.

The remaining documents are provided to the court at will and opportunity. It is important to remember here that a large number of additional papers will quickly affect the course of the investigation and the court’s adoption of the expected decision. Additional documents primarily include various supporting reasons why the father can be deprived of parental rights. We are talking about photos and videos that depict the father’s misbehavior or abuse of his rights. Certificates from medical institutions, and not only about the physical state of health. Bank statements that can confirm the absence of alimony payments. Testimony of witnesses, evidence that the father is deliberately avoiding payments to his offspring - everything for which parental rights are deprived.

Within three years from the date of deprivation of paternal rights, a woman can file a claim for monetary compensation if she can prove that, due to the fault of the second parent, the child has problems with moral or physical health.

Claim

How to deprive a father of parental rights correctly? It’s worth starting with the fact that a correctly written statement to the judge can become one of the decisive factors in the proceedings.

The procedure for depriving a father of parental rights requires that a demand in the prescribed form must be attached to the package of documents.

It is enough to turn to the legal environment - the law states what the claim must contain:

• full name indicating the address of the judicial place where the claim will be considered;
• information about the plaintiff, that is, last name, first name and patronymic, if any, as well as residential address and telephone number;
• exactly the same information about the defendant (if some data is unknown, then be sure to indicate this);
• exactly how the rights and interests of the child were violated with a detailed description;
• the basis for them is the legal environment, confirming the legality of the claims and demands of the mother;
• a list of papers, certificates and evidence supporting the application.

It is worth noting that all documents and the application must have several copies for other participants in the process. Usually in such cases there is a prosecutor, as well as a representative of the guardianship authorities. A father’s parental rights can also be deprived without his presence.

This is especially true if the man is missing or refuses to attend the trial. The court order will be sent to him at his place of registration or (if known) residence.

If the court decision is in favor of the mother and child, then, regardless of location, the husband will be deprived of his rights to the baby.

How is the trial going?

The procedure for depriving a father of parental rights is also prescribed in the Family Code, and has a strictly defined procedure. To fully understand what will happen, you need to familiarize yourself with it:

• first the demand is sent to the court or the prosecutor's office;
• then a small investigation is carried out by the guardianship authorities;
• after this, a trial is held;
• If both parents are deprived of their rights, the child may be removed.

Of course, on paper or on the Internet it looks fast, but in reality everything is not so rosy. It is worth preparing for a trial, or even more than one. The guardianship and trusteeship authorities will definitely come to visit in order to check the standard of living of the children. This applies not only to the housing itself, but also to other factors - the availability of food, clothing and other necessary things. This factor is a double-edged sword. He can also play against the mother, that is, show that she is not able to provide for the baby. But on the other hand, this can also prove that the father does not help the child with money and does not want to take part in the upbringing.

After the trial, if the court rules in favor of the mother, the father is assigned the obligation to pay alimony, because deprivation of rights to a son or daughter is not a basis for refusing financial support. Moreover, if the mother begins to refuse money, she may thereby put the minor at risk.

Additional Information

How to deprive a father of parental rights in other countries? The procedure for depriving parental rights in Ukraine, Kazakhstan, and the Republic of Belarus is practically no different from the Russian one.

Both Ukraine, and Belarus, and any other states care about the well-being of children. It is important to know that collecting evidence will play a decisive role in depriving your daughter or son of rights.

Once again, you should make sure that the reasons are strong, the evidence is verified, and the witnesses are reliable. This is the cornerstone of the entire process.

But what if dad doesn’t want to perform such duties? A long-standing divorce is not an obstacle to deprivation of rights until the little man turns eighteen.

Just before you deprive the child’s father of parental rights, you should tell him about the consequences of such actions.

Side effects after deprivation of the opportunity to be with the child

Unfortunately, sometimes men are not particularly interested in the moral side of this issue. They have already abandoned their offspring if they abandoned their mother in such a situation and stopped helping her. The good news is that not all men are like this. Sometimes a woman simply seeks revenge and specifically tries to achieve deprivation of her rights. It is worth noting that there is criminal liability for tampering with evidence and false testimony, but it is still worth knowing what awaits those fathers who are nevertheless deprived of their rights:

• a man who has lost his rights loses the opportunity to raise his child;
• You can’t live with a child (it may even lead to eviction);
• You cannot claim the property of a minor;
• You cannot receive alimony from your offspring in old age;
• you cannot receive an inheritance from a son or daughter in the event of their death;
• the children will still have the right to the father's property;
• You cannot receive benefits provided by the state to parents.

Most often, negligent fathers remember their children precisely when they need help, for example, in old age.

But the law is on the side of the children here - why should an already adult child provide for his father if the father never thought of providing for him? There is nothing for greedy people to hope for here. However, sometimes children forgive their parents.

They donate or bequeath their property to them, but this depends solely on the individual personal characteristics of the child and the degree of repentance of the parent.

Sometimes families break up. New love, alcoholism and tyranny greatly contribute to this. But the little man is innocent of anything, he does not take part in the games of adults. That is why the state and the law will always be on the side of the minor - this is our heritage and future.

Don't abandon your children - perhaps someday you will need their help. The child needs the care, protection and support of both parents until he gets on his own feet. There is no need to give up the baby, because it is, after all, your own blood.

If you feel that you are not ready to raise a baby, it is better not to have one at all than to make him suffer after birth. Be happy!

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

Father's rights to child in case of divorce

The parental rights of the father to the child after the divorce remain the same, unless otherwise is the basis for a judicial decision on the issue of divorce and dispute about children.

Only after a judicial act has entered into legal force can consequences be applied. In this case, not only the father, but also the mother can be deprived of parental rights.

However, this will require more effort and evidence, since guardianship authorities and prosecutors are involved when considering such an issue.

In order to ensure that there are no unresolved issues after a divorce, it is necessary that the court proceedings be supplemented with the following requirements (if these issues are not resolved in another voluntary way):

1. On establishing the child’s place of residence;
2. Payment of alimony for minor children;
3. Determining the order and method of communication of a person living separately from the child;
4. Property division.

Rights and responsibilities of a father after divorce

Almost all fathers during a divorce declare their own rights to their children, such as:

1. establishing the order of communication;
2. determining the place of meetings and temporary residence with the father.

However, there are also responsibilities that arise for the father after a divorce, and all of them are fixed in the norms of legislative acts on the family. The most important and most problematic in terms of enforcement is alimony for maintenance.

There are two options for paying child support to a mother in favor of a minor:

1. With the help of a notarized voluntary agreement on the payment of alimony. In this case, the monthly amount of payments made, payment terms and method of transfer are indicated.
2. According to the court's decision, in this case the father's reluctance to voluntarily fulfill his duties is clearly visible. Therefore, all conditions relating to alimony will be established by the court based on the mother’s statement of claim.

Grounds for deprivation

The list of legally established reasons that the plaintiff can refer to in his demands for deprivation of parental rights is indicated in the Family Code and equivalent laws to it. Here are the main ones, which are significant in relation to judicial practice:

• the father goes against the concept of the need to support and raise children, regardless of the relationship with the child’s mother and the personal desires of the perpetrator;
• refusal of maintenance or a long-term attempt to hide income in order to comply with a court decision to establish alimony;
• a situation that occurs between parents and a medical organization in the case when the latter receive a refusal to transfer the child to a home for treatment or after his recovery. The same example applies to refuseniks in a maternity hospital;
• illegal actions aimed at causing a child bodily harm, moral and physical suffering, violation of sexual integrity
• crimes directed against the life and health of the mother or children together.

Such disputes with the husband are subject to consideration by courts of general jurisdiction. The first instance where you need to apply: city or district court. Claims for deprivation of parental rights must be as specific and justified as possible, since local guardianship authorities and employees of the city or regional prosecutor's office take part in the case.

Deprivation of father's parental rights

There are several basics to understand the unspoken rule of court proceedings and how to deprive a father of parental rights after a divorce:

• deprivation of rights requires a fairly significant evidence base, based not only on guesswork, but also on the documentary level;
• deprivation of parental rights, as a rule, is irreversible (except for cases where the father has radically changed his behavior, or the minor himself consents to the renewal of these rights);
• The trial has a rather specific nature and is not a standard procedure - almost everything here will depend on how the plaintiff can psychologically attune the judge and the guardianship workers to the process.

The father's parental rights to the child after a divorce will remain unchanged as long as he complies with all responsibilities.

At the moment the head of the family is removed from the problems of the children, including the termination of maintenance and upbringing, the mother of these children can go to court and, on the basis of an act that has entered into legal force, deprive the father of his opportunities for minors.

This point should be taken into account already at the moment when you decide to get a divorce, because after the end of family relationships, people’s behavior changes.

If the father wants to deprive the mother of parental rights

A child equally needs both parents - both mother and father - regardless of their internal relationships during a divorce. Some stay with dad, and some stay with mom. In accordance with the law, there are no visible barriers, since parents have the same rights and equal responsibilities, which means that the father has an equal right to claim the right to live together with a minor child.

When resolving the issue of a minor's place of residence, the most important aspect for the court is the well-being of the children.

The main factors that the court pays attention to when making a decision on determining the place of residence:

• gender of the child;
• age;
• period and frequency of residence in a particular place;
• interests and educational clubs where the minor goes to study;
• the desire of the child himself;
• maternal and paternal participation in the child’s life;
• the possibility of a child living with each specific parent based on living conditions.

To prevent a wrong decision, you need to carefully prepare for the consideration of the case in court.

As follows from the above, deprivation of a father’s rights is a rather labor-intensive process that can only be done if there is strong evidence.

Even if now, in a fit of bad mood and resentment towards her husband, a woman wants to break off all relationships between the child and the father, perhaps they will need each other later.

This will not affect alimony legal relations in any way, but it will be much more difficult to return to the former relationship.

Deprivation of parental rights in Ukraine in 2023 | Reasons and consequences



Contents:
Grounds for depriving parents of rights regarding children
Procedure for depriving parents of rights
Who can file a claim
Consequences
Restoring the rights of parents
How to deprive a foreigner of rights to a child

Not all fathers and mothers treat their children responsibly and take care of them. There are times when parents pose a threat to a child and need to be protected. In such situations, the law provides for an extreme measure - deprivation of parental rights .

Grounds for depriving parents of rights regarding children

This procedure is complex and requires undeniable evidence of the guilt of the father or mother. The legislation has established a clear list of reasons for applying such a measure.

Often an abandoned child lives with his parents

Art. 164 of the Family Code of Ukraine (http://zakon5.rada.gov.ua/laws/show/2947-14) names the grounds for depriving parents of their rights:

1. Leaving a newborn in the maternity hospital and not caring for him for 6 months without good reason.
2. Intentional failure to fulfill the responsibility of upbringing means lack of conditions for physical health and spiritual development. This occurs when parents do not care about the child’s education and preparation for life, do not communicate enough with him, and do not provide adequate nutrition and medical care.
3. Child abuse (physical violence, psychological violence, humiliation of a child’s dignity, unacceptable upbringing).
4. Alcohol or drug addiction of the father or mother (confirmed by relevant certificates from a medical institution);
5. Any exploitation of a child (forced to do hard work, inducement to begging, prostitution or committing a crime).
6. Intentional crime against a son (daughter).

A person who has a mental illness or is on a long business trip cannot be deprived of parental rights. It will not be an intentional lack of parenting if the other parent prevents him from seeing the child. Ukrainian legislation strictly applies to leaving children without parental care. Therefore, any of the grounds will be checked.

Procedure for deprivation of parental rights in Ukraine

Deprivation of parental rights occurs based on a court decision. Before filing a claim in court, it is necessary to collect documents and evidence.

The package of documents includes:

• passport and child's birth certificate;
• divorce certificate, if available;
• a statement from the child himself, if he is already 10 years old;
• characteristics and certificate from the school, indicating the participation of parents in education;
• act on the study of living conditions (from the housing department or guardianship authorities);
• a certificate from the father's (mother's) work regarding salary and characteristics;
• the psychologist’s conclusion regarding the child;
• other documents that can confirm the failure of parents to fulfill their duties.

The documents are submitted to the guardianship and trusteeship authorities, then a claim for deprivation of parental rights is prepared and filed in court at the place of residence of the defendant. All evidence must be indisputable, confirm the guilt of the father (mother) and indicate the impossibility of changing behavior.

When considering the case in court, it may turn out that the actions of the parents may constitute a crime against the child. Criminal proceedings begin immediately.

If the court determines that the defendant has other housing, it obliges him to move, or makes a decision on the forced division of the apartment.

Who can file a claim

A claim for deprivation of parental rights may be filed by:

• mother, father, other family members;
• guardian, trustee;
• guardianship authority;
• prosecutor;
• educational or medical institution;
• child upon reaching 14 years of age.

Filing a claim by other members of the child’s family is complicated by the need for special powers, despite the absence of indications in the legislation of Ukraine. This requires permission from the guardianship authorities.

Consequences

A court decision that has entered into force terminates family relations between these persons. Parents no longer have the rights and responsibilities to raise children.

The legislation provides for the following consequences for parents after deprivation of parental rights:

1. They lose personal non-property rights - to communicate and raise a son (daughter), the right to choose a place of residence, to allow or prohibit traveling to another country.
2. They cease to be representatives of the child and do not represent children’s interests.
3. They are not entitled to benefits and assistance for families with children.
4. They lose the right to maintenance (alimony) in old age from a son or daughter.
5. They do not have the right to adoption or guardianship of other children.
6. A son (daughter) will not be able to be heirs, unless they are indicated in the will.

The father or mother is not released from the obligation to support the child. The other parent or guardian will receive the collected child support. More often, the baby is transferred to another parent, if this is not possible, to grandparents or other relatives. A family member who wants to care for a child submits an application to the court. If it is not possible to transfer him to other family members, the baby is handed over to the guardianship authority.

A mother or father deprived of parenthood will be able to see their child only with the permission of the court by filing an application requesting a visit. The court checks whether the visits will cause harm.

Restoration of parents' rights

The court's decision to apply extreme measures to a negligent father or mother is not irrevocable in all cases. They can restore the rights to the baby in court. This will only be impossible in cases where the child is adopted or is over 18 years old.

The court finds out whether the lifestyle and behavior of the parents have changed, and whether the restoration of rights will not violate the children's interests. In cases where only the father (mother) has been deprived of rights, the judge takes into account the opinion of the other parent. Regardless of how old the child is, the court listens to his opinion. If the court does not satisfy the claim, a second claim can be filed only after 1 year.

How to deprive a foreigner of rights to a child

The procedure for depriving a foreigner of parental rights may take place in his absence. The foreign father is notified of the court hearing by summons at his last registered address. If the summons is returned twice without a note of receipt, the court makes a decision in absentia.

A foreigner can be deprived of rights to a child regardless of his consent. To do this, provide evidence of his indifferent attitude towards his son or daughter, exerting a bad influence or evading the duties of education and maintenance.

The procedure regarding a foreign defendant is much more complicated. If a foreigner has real estate in Ukraine, the procedure for deprivation of rights is possible. And if there is no real estate, then the court may refuse to accept the claim, since the claim is filed at the place of residence of the defendant.

To protect children, it is necessary to involve a lawyer who specializes in family law and will act in various authorities in Ukraine and abroad.

When you contact us you will receive:

• initial consultation with an experienced divorce lawyer with a forecast of the result;
• assistance in paperwork;
• detailed explanation and reasonable advice on what to do and what actions to refrain from;
• developing a strategy for conducting a case in court;
• representation in court and other bodies and institutions;
• child protection.

We guarantee full legal support until a court decision is made.

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Grounds for depriving a father of parental rights after divorce

The state protects the rights of its citizens in various ways. Therefore, if any serious conflicts arise for various reasons between one of the parents and the child, or the parents, deprivation of rights is possible.

But for this there must be some serious grounds; deprivation of rights is carried out only by the district court.

Is there such a possibility

• Parents have many responsibilities towards their children based on the legislation in force in the Russian Federation.
• The main document that courts and other bodies follow when clarifying any difficult issues is the Family Code of the Russian Federation.
• This provides for the possibility of depriving one of the parents of the rights to the child. This operation can be carried out in two ways:

• if there are grounds specified in the legislation;
• if the parent voluntarily renounces the rights to the child.

It is important to remember that in the absence of rights to the child, many obligations are removed from the parent. But at the same time, the parent himself will also not have the right to demand that his child fulfill his obligations - to pay alimony in the event of incapacity for work.

It happens that after a divorce, dishonest fathers:

• do not take any part in education;
• financial assistance is denied;
• show no interest with children.

The law also provides for deprivation of rights if the father has various antisocial qualities. This point is covered in more detail in Art. No. 69 of the Family Code of the Russian Federation.

In this case, you can deprive the father or even the mother of parental rights:

• in the process of divorce;
• after divorce.

There are some exceptional cases when it is simply impossible to deprive a father of parental rights:

• when the child is over 18 years of age;
• if the child is incapacitated - even if he has already reached the age of majority.

The situations outlined above have a fairly serious logical basis. Since upon reaching adulthood, the parent’s obligations towards the child are removed.

If the child is incapacitated, then he needs constant supervision and financial support. And it is impossible to force a person deprived of parental rights to provide it, even through legal means - such a parent does not bear any obligations towards his child.

What should be the grounds?

The most detailed grounds for depriving a father or mother of parental rights are outlined in Article No. 69 of the RF IC.

This list includes the following:

• if there is malicious evasion of paying alimony, there must be a documentary justification for this; verbal testimony is not enough;
• if a parent refuses to take his child from the maternity ward or another medical institution, or an orphanage, and there are no serious reasons for this, this point is disclosed in as much detail as possible in the Federal Laws:
  • No. 49-FZ dated April 24, 2008;

  Reasons for deprivation of paternity - grounds, rights in Russia

  The Family Code of the Russian Federation provides for several reasons for deprivation of paternity. The grounds are quite serious and include the possibility of infringement of the moral rights of the child.

  The mother of the children can deprive her ex-husband of paternity by filing a corresponding application to the court.

  Only a man who maliciously evades his obligations to raise and support children can be deprived of parental rights. The father must take an active part in the child's life, despite his relationship with their mother.

  And we are talking not only about paying alimony, but also about moral assistance. Both parents, even after a divorce, have the right to learn from educational institutions about the child’s progress, and from clinics about their health status.

  Before contacting government agencies with a demand to deprive a father of his rights to children, you need to know a few things:

  • the procedure for depriving parental rights is very lengthy, it takes several months, and a positive result is not guaranteed;
  • there are several grounds for deprivation of rights, and the list cannot be expanded;
  • the mother must be convinced that deprivation of parental rights is necessary for the child;
  • six months after deprivation of paternity, the child can be adopted by the mother’s spouse;
  • the father has the right to file an appeal and appeal the court decision.

  What it is

  Deprivation of parental rights is a legislative measure created to protect minors from the harmful influence of parents and their cruel treatment.

  You can expect a positive court decision only after providing reliable evidence. Often, after a divorce, women demand that their father be deprived of parental rights because of resentment towards his former partner.

  But the man regularly pays child support, takes part in the child’s life and does not abuse alcohol. Such a parent is considered positive, and it is impossible to deprive him of the opportunity to raise children.

  The situation can be completely different - a man regularly pays alimony in the minimum amount, but does not want to see the child.

  The mother in this case believes that it is impossible to deprive such a father of parental rights, because he provides financial assistance. However, one of the compelling reasons in court is indifference in the child’s life.

  Why deprive a father of parental rights at all? By paying alimony, regardless of the amount, a man gets the opportunity to be in the care of his adult child in old age or upon receipt of disability.

  If necessary, the father may also require his descendants to support him in case of incapacity for work. In case of deprivation of paternity, he is deprived of these rights.

  After deprivation of parental rights, the father loses the opportunity to raise, see and take part in the life of the child. He is also automatically excluded from the heirs who can claim the children’s property.

  However, the child remains one of the main heirs to the property of his former parent. Also, the father's relatives do not lose their rights to the children.

  Where to contact

  If a mother wants to be determined to deprive her ex-husband of parental rights, then first she needs to contact the guardianship and trusteeship authorities. In exceptional cases, the application is immediately submitted to the court and after its consideration, the guardianship authorities are notified.

  The mother needs to prepare the following documents:

  Video: deprivation of father's parental rights

  Reasons for deprivation of paternity rights

  If the father does not take an active part in the child’s life, or his social status or behavior in society may cause a disturbance in the child’s mental state, the parent may be deprived of his rights.

  To achieve this, the father's consent is not required. It is enough to collect documents indicating violations on the part of the parent.

  Lack of financial assistance for raising children

  In a divorce where the children remain in the care of the mother, the father is obligated to pay alimony for the maintenance of dependents. If the ex-husband refuses, the woman can deprive him of his rights to the child.

  To do this, it is necessary to indicate in the statement of claim that for a long time (period) the legal father has been avoiding providing financial assistance for the maintenance of the child.

  If the father, without good reason, does not provide financial assistance in supporting the children, then the court will side with the mother. A father who even periodically pays child support cannot be deprived of parental rights.

  In this case, it is necessary to prove that evasion of payments occurs systematically and the amount of money allocated by the father is not enough to support the children.

  Alcoholism

  Alcoholism is a valid reason for depriving both mother and father of parental rights. But testimony from the woman's words will not be enough.

  She will need to prove that her father regularly drinks alcohol. In these cases, a certificate from a narcologist is required, but a person cannot be forced to visit a doctor.

  If the father refuses to voluntarily visit a specialist, he must provide a written refusal. The woman will also be required to find witnesses willing to confirm the immoral behavior of her ex-husband.

  Drug addiction

  Drug and alcohol addiction are becoming serious grounds for deprivation of paternity in Russia. Under the influence of drugs, a person becomes inadequate and does not have the ability to raise a child.

  Now in the country it is strictly prohibited to restrict the rights of children to freedom of choice and opinion, and the constant sight of drug addiction encourages similar behavior in the future.

  Fathers also often force their children to try drugs by talking about new sensations. Such actions are contrary to the law and may be regarded as an abuse of parental rights.

  A drug-addicted father may be deprived of parental rights through a court order. To do this, the mother must write a statement of claim and indicate that the parent has a pathological addiction and refuses treatment.

  A certificate from a narcologist or testimony of witnesses can serve as evidence. If the man undergoes treatment, the case may be suspended. The parent is temporarily deprived of the opportunity to see the child until the addiction is completely eliminated.

  Involvement in the child's life

  Financial assistance does not compensate the child for the attention of the parents. And if the father does not take part in raising his children, he may be deprived of his rights.

  During a divorce, the court decides the order of visits and sets the time that the father can spend with the children. But often men disappear from the lives of their offspring, providing only material assistance. Such behavior is not considered the norm and can serve as a basis in court for deprivation of paternity.

  This applies, first of all, to the absence of a parent at important events (birthdays, matinees, etc.) and lack of participation in physical and material terms in various situations:

  • child's illness;
  • preparation for kindergarten, school;
  • buying clothes;
  • visiting educational institutions.

  When a parent does not provide financial support, in addition to paying child support, and also refuses to see the child, he may be deprived of paternal rights.

  The testimony of witnesses and the child himself will serve as evidence. In cases where the father is not present at the trial and does not try to refute the statement of the ex-wife, the decision is made in favor of the mother.

  Abuse of parental rights

  Parents do not have the right to force a child to engage in prostitution, theft, or engage in immoral behavior. Abuse of parental rights also includes the father’s refusal to issue permission for the child to travel abroad (on vacation) and a ban on education.

  To confirm this basis, you will need to submit documents where the father writes a refusal to allow the child to leave without compelling reasons.

  If a parent forces children to steal or use drugs, then testimony from witnesses or the child himself is necessary.

  Physical violence against a child deserves special attention. Evidence of beating, rape and abuse of a child is accepted for consideration in court. Such cases are dealt with not only by the court and guardianship authorities, but also by the police.

  But it is impossible to deprive a mentally ill father of parental rights. The court considers only those grounds that occurred through the fault of the defendant. Disease does not fall into this category.

  The legislative framework

  The Family Code of the Russian Federation provides for several laws on which the court is based when considering a case of deprivation of paternity:

  Article	Description
  Article 56	states that the child has the right to protection, including from the adverse influence of parents
  Article 63	Parents have responsibilities for raising their children. They must provide the child with conditions for comfortable living and learning.
  Article 66	parents living separately from the child have the right to see him. Children also have the right to communicate with both parents, regardless of the status of their relationship.
  Article 69	indicates the reasons why parents are deprived of the rights to raise a child and communicate with him. The list is strict and cannot be changed
  Article 70	describes the procedure for depriving parental rights. Indicates that the application can be written by one of the parents, direct relatives and guardianship authorities
  Article 71	talks about the consequences of deprivation of parental rights. Describes the rights of the child, father and his relatives after deprivation of parental rights
  Article 78	indicates the need for the participation of guardianship authorities in the consideration of the case of deprivation of parental rights

  Also, a lot is written about deprivation of parental rights in the Civil Procedure Code of the Russian Federation:

  Article	Description
  Article 55	indicates possible evidence of the defendant's guilt
  Article 56	states that every reason for deprivation of parental rights must be proven

  Additional information can be found in Resolution of the Plenum of the Russian Federation No. 10 of May 25, 1998. It indicates which articles must be referred to in order to deprive parental rights.

  Deprivation of paternity is a long, morally difficult procedure. In some cases, it cannot be avoided - the child must be freed from responsibility for maintaining a negligent parent in the future. But sometimes it’s worth thinking several times about whether it is necessary to deprive the biological father of the opportunity to see and raise children.

  Attention!

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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  The question of deprivation of parental rights in Ukraine

  Deprivation of parental rights is a last resort when parents do not care about the well-being of the child, but, on the contrary, pose a kind of threat to him. That is why the law forces such decisions to be made in order to promote the further normal development of the child.

  What are the grounds for deprivation of parental rights?

  The process of depriving parents of their rights is in itself extremely complex, which is why the law establishes a specific and very strict list of grounds for such a decision. Article one hundred and sixty-one of the IC of Ukraine (http://zakon5.rada.gov.ua/laws/show/2947-14) says that parents can be deprived of parental rights if:

  • The newborn child was left in the maternity hospital and did not have parental care without valid reasons on the part of the mother or father (for six months).
  • Parents do not fulfill their direct obligations to raise and support the development of the child spiritually and physically. This clause also applies to situations where the child’s father and mother do not care about their child’s education, do not provide him with suitable nutrition, or neglect the services of a doctor when they are really necessary.
  • The child is being abused (physical or psychological). If the mother or father is addicted to alcohol or drugs (there must be appropriate evidence from medical institutions).
  • The child is being exploited.
  • A parent or parents knowingly commit a crime against their child.

  The presence of a serious mental illness or a long business trip cannot be a reason for depriving parental rights.

  If one of the spouses prevents the other from seeing the child, then the lack of upbringing and positive influence in this case is due not to the irresponsibility of the parent, but to external factors that do not depend on him.

  Ukrainian legislation on parental control has a great foundation, which is why every reason or basis will be seriously tested in court.

  How is parental rights terminated?

  The grounds for deprivation of parental rights are considered by the court. Before going to court, you must ensure that you have the following documents:

  • parent's passport;
  • child's birth certificate;
  • application for divorce (if any);
  • application from a child if he is already ten years old;
  • an act or conclusion on the child’s living conditions;
  • certificate of employment and characteristics;
  • conclusions of a child’s examination by a psychologist;
  • any other documents that would confirm the failure to fulfill parental responsibilities.

  The documents are submitted to the relevant guardianship authorities, after which they are sent to the court along with a statement of claim for deprivation of parental rights . Documents are submitted to the court at the defendant’s place of residence. All evidence collected must be indisputable.

  During the consideration of the case, it may become clear that the child was subject to criminal acts on the part of the parents. After this, an additional criminal case may be opened.

  If the court decides to satisfy the claim, then the following options are possible:

  • if the defendant has additional housing, he will have to move;
  • forced division of the apartment.

  Who has the right to file a claim?

  A claim can be filed by:

  • any family member;
  • child's guardian;
  • child protection;
  • prosecutor's office;
  • educational or medical institution;
  • the child himself, if he is 14 years old.
  • Other family members can apply for deprivation of parental rights if there is permission from the guardianship authorities.
  • Possible consequences
  • If the court satisfies the claim, the parents can no longer:
  • take part in the upbringing or even communicate with the child;
  • represent the interests of the child;
  • receive various social benefits designed to help families with children;
  • adopt another child;
  • be the heirs of their children (unless otherwise stated in the will).

  However, the lack of educational rights does not at all relieve one from the obligations to provide . Most often, the child is given to another parent for upbringing; if this is not possible, then to other relatives who take custody. You can see the child only if the court gives its consent to this.

  How to restore parental rights?

  In any case, one cannot say that such a court decision is irrevocable. Rights to a child can also be restored in court. This cannot be done only when adoption has already occurred or the child has reached the age of majority.

  The main thing that the court must determine is the fact that the parent or parents' lifestyle has changed. If only one parent was deprived of rights, then the court will definitely take into account the interests of the second. The court will also hear the child. Age in this case is not important.

  If the claim is not satisfied, then you can go to court again only after one year.

  Deprivation of parental rights if the parent is a foreigner

  A similar procedure for depriving a foreign father of parental rights can take place without his participation. Although he receives mandatory notification of the upcoming meeting.

  If the notice is returned twice without confirmation of its receipt, the court makes a decision in absentia.

  That is, the consent of the foreign parent is not mandatory; you just need to provide the necessary evidence that he is not raising the child and is indifferent to his parental responsibilities.

  In the event that a foreigner is a plaintiff in the case, the decision-making may be delayed.

  If a foreign parent has real estate in Ukraine, then deprivation of rights is possible, but if not, then the claim may simply not be accepted.

  Be that as it may, legal proceedings require the participation of a professional family lawyer . The lawyers of Kasyanenko and Partners guarantee that when you contact us, you can count on:

  • consultation on your case with a forecast of the outcome;
  • assistance with papers and their preparation;
  • detailed advice on your case and instructions on how to obtain a satisfactory result for you;
  • representation in court;
  • full protection of your child's rights.

  Dmitry Kasyanenko – managing partner of the legal entity. Kasyanenko and Partners company