Unilateral deprivation of paternity without the consent of the father - how to deprive an ex-husband of paternity without his participation

Family law > Parental rights > How to deprive paternity without the father's consent?

Unilateral deprivation of paternity is possible only through court.

The problem remains relevant for many families, but over the past few years the number of positive decisions made by the courts has decreased.

The reasons for this are the improvement of the work of government agencies, increasing legal literacy, concluding marriage contracts between spouses, etc.

Read about the procedure for depriving paternity in 2023 and its features in our material.

Reason for deprivation of paternity

To deprive a father of parental rights, you need to collect an impressive evidence base, correctly draw up a statement of claim, and competently formulate your position in court.

Grounds for deprivation of paternity:

1. Avoidance of parenting responsibilities.
2. Malicious failure to pay child support without a valid reason.
3. Attempts on the sexual integrity of children, cruel treatment of them, both physical and psychological.
4. Committing illegal actions against a son, daughter or mother.
5. Alcoholism, drug addiction.

The combination of several factors significantly increases the chances of a father being deprived of his parental status..

Filing an application to the court can come from both the mother and the prosecutor, guardianship authorities, and organizations involved in protecting the rights of children.

Documents for deprivation of paternity

Where to start the process? In addition to general documents such as: birth certificate, marriage/divorce certificate, etc. it is necessary to collect certificates confirming the father’s guilt.

A completed package of papers is attached to the statement of claim, which is filed with the district court . It must contain the following information:

• name of the judicial authority;
• Full name of the applicant, place of residence or address of the organization representing the interests of the plaintiff, personal data of the representative;
• Full name of the defendant and his residential address;
• statement of the essence of the case: reasons for the appeal, identification of threats of violation of rights, demands, evidence;
• cost of claim;
• information that the plaintiff approached the defendant with claims before the trial, but was not heard;
• list of attached documents;
• signature.

What documents are needed to deprive paternity:

1. Application for deprivation of parental status (notarized copy).
2. Birth certificate.
3. Certificate confirming status: married/divorced.
4. Certificate of paternity when information about the parent is not included in the child’s birth document.
5. Housing document to confirm the child’s residence at a specific address.
6. Copy of the passport.
7. Receipt for payment of state duty.
8. A copy of the power of attorney of the person representing the interests of the plaintiff in court (in case of seeking help from a lawyer).

To prove the father’s guilt, you need to collect a list of additional documents.

If he refuses to take part in education, this is:

1. Certificate from the preschool or school institution where the child is studying.
2. Characteristics of the child from a representative of the educational organization, indicating in it information about who takes the main part in his upbringing.
3. A certificate from a medical institution which will indicate which parent bears the costs of treatment, brings the child to procedures, etc.
4. Characteristics of the child from the sections and clubs he attends.

Note! In addition to documentation, you can take witness statements and put them in writing. This is information from medical staff, teachers, coaches.

If the father does not pay child support, the following will be additionally required:

1. Information about his place of work.
2. Court decision (copy) to collect funds from the defaulter.
3. Documents on the initiation by bailiffs of enforcement proceedings in the case of non-payment of declared funds.
4. Characteristics of the plaintiff from his place of work (positive).

If a person abuses alcohol or takes drugs:

1. A certificate stating that he is registered with a drug dispensary.
2. Help about coding.
3. Information about the initiation of administrative or criminal proceedings.
4. Data on the prohibition of driving a vehicle (deprivation of rights).
5. Data on completion of the rehabilitation course.
6. Information about complaints about the defendant's disruptive behavior.

If a father raises his hand against a child, inclines him to illegal actions, or shows moral violence:

1. Information from the clinic, a conclusion issued by a traumatologist.
2. Information about calling a government representative or a guardianship and trusteeship officer to resolve the conflict.
3. Information about the detention of a child by law enforcement officers.
4. Written explanation from teachers, other witnesses, doctors.

If criminal intent is carried out against a child or his mother, an indictment and a copy of the court decision must be attached to the case..

All documents are sent to the court by mail or in person to the judge.

How to deprive a spouse of paternity after divorcing him

An application to the court can be filed against the father of the family, with whom the mother is married or divorced, with or without his consent. How to deprive your ex-husband of paternity?

If he is/or is not the biological father of the child, an application for deprivation of rights after a divorce is often filed in order to completely limit the daughter or son’s contacts with him.

As a rule, in this case, the man leads an immoral lifestyle, has a harmful influence on children, etc. The application procedure is similar to that described above, with the attachment of documents for a specific case.

How to become the sole legal representative of a child without the consent of the other parent?

How to deprive paternity without the father's consent? In 2023, this requires the existence of the grounds listed at the beginning of the article.

If proven guilty, the baby's father's objections will be rejected by the judge.

It is possible to consider a case in court in the absence of the person deprived of parental status only if the following circumstances exist:

1. The defendant's written consent was obtained.
2. Failure to appear at a trial at the stated time, despite the presence or absence of objections.
3. Avoidance of a person from contacts with representatives of guardianship authorities or the court.

Before depriving a common-law husband of paternity, you need to carefully weigh your decision. It is important not to give in to emotions, but to approach everything with a “cool head.”

• If the situation is getting out of control, conversations are leading nowhere, and you are receiving threats - take this seriously and get the necessary support.
• If the child’s father is constantly drunk, leads a riotous lifestyle and does not want to hear anything about you, then go to court.
• A person deprived of parental status does not have the right to:

1. Prevent parenting, travel to a vacation spot, or any contact with the child at all.
2. Demand your maintenance in old age.
3. Count on inheritance.
4. Receive a pension or benefits addressed to children.
5. Arrange for guardianship of other children.

However, deprivation of rights does not give a parent a reason to refuse to support children . He can do this voluntarily or compulsorily by paying alimony.

Now you know how to deprive your ex-husband of paternity if he does not agree to this or gives the go-ahead. This process is lengthy and requires a lot of patience and strength.

If you are ready to go to the end and the situation is worth it, do everything to restore justice.

And remember that when the child grows up, he will always be able to find his biological father and will probably want to have a heart-to-heart talk. Good luck!

Video: Deprivation of father's parental rights

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Grounds and legal consequences of unilaterally depriving an ex-husband of paternity

There is a misconception that if the child's father pays child support, then his parental responsibilities end there.

This is far from true, since in addition to material support, the father must also engage in spiritual education. If this does not happen, it means that he does not participate in raising the child, does not expand his horizons, and does not maintain spiritual ties with the child.

In this case, he cannot be a full-fledged father with all the ensuing procedural consequences. Let’s try to figure out how to unilaterally deprive an ex-husband of paternity, let’s try to figure it out in this publication.

Ways to deprive paternity

If the ex-husband does not raise his child, then in court he may be deprived of the right to be called a father.

And not only his name, since he ceases all legal relations with his children. Only the court can make a decision on this issue by examining the submitted evidence and testimony in the case materials.

• The arguments must be convincing, not contradictory and not raise doubts, otherwise, unilaterally depriving the ex-husband of paternity will simply not be possible.
• Any judge, when making a decision on such an issue, will be guided by personal beliefs based on the evidence collected and presented, so it is important to thoroughly prepare for the trial.
• Evidence in a case to deprive an ex-husband of paternity may include:

• testimony of neighbors, relatives, acquaintances, teachers;
• documents confirming failure to fulfill paternal responsibilities;
• certificates and other evidence indicating lack of care on the part of the father.

For example, if during the divorce the ex-husband never asked how the child was doing at school, what he did in his free time, or what school subjects his son or daughter liked best, then this indicates dishonest fulfillment of paternal responsibilities or in general , their absence.

If a child gets sick or injured, as a result of which he is hospitalized, and the ex-husband has never visited him during all this time, this may serve as grounds for deprivation of parental rights.

During the collection of evidence and during the pre-trial preparation period, it is imperative to record all facts and present them in court.

What is a one-way order?

The wife's initiative is a unilateral procedure, since the father will be the defendant in the lawsuit.

His legal status as a participant in the trial gives him the right to defend himself using all permitted methods. If the ex-husband is in prison, then it will be quite difficult for him to do this.

And the court will not pay attention to the arguments of such a person, since there is a danger of negative upbringing and a detrimental effect on a minor child.

Lack of spiritual connection between father and child

1. A father’s care for his child can manifest itself not only in material form, such as paying alimony for his maintenance, but also in the spiritual relationship that has arisen between them.
2. For example, the ex-husband is not interested in the child’s school affairs, but constantly takes part in his upbringing, takes him to training or to museums, helping the child reveal his inner world.
3. In this case, the spiritual relationship between the ex-husband and the child is obvious, and in such a situation it will be quite difficult to deprive him of paternity.
4. The child’s mother should remember that if a father loves and values ​​his children, he will also collect all the evidence of his communication with them, present them in court and will not just give up.

The ex-husband will use every opportunity to draw public attention to himself, thereby proving his integrity and caringness.
The mother may even be confident that the father will present tickets from an art museum or football game he attended with the children. There are times in life when, after a divorce, the ex-husband moves to live in another city or region, and he does not have the opportunity to periodically meet with the child.

But there is a telephone connection, the Internet, Skype, on which you can always talk or communicate with your children.

If, in addition to transferring child support, the father periodically sends things, various toys, games, small vehicles, writes letters and worries about his health or business, then such a parent can hardly be called irresponsible, much less deprive him of paternity.

How to deprive a husband of paternity: algorithm of actions

In the question of how to deprive paternity without the consent of the father, every document is important, any certificate confirming the inappropriate attitude of the ex-husband towards his children.

The mother should make sure that the child has his own room and that all conditions are created for active play and study. Children should live in comfortable conditions, have their own furniture and kitchen utensils.

Otherwise, as judicial practice shows, these circumstances may turn against the initiator of deprivation of paternity. If a child does not have his own room or corner in the house where there is his bed, desk or closet, then the defendant can prove the mother’s inability to raise and care for the child on her own.

If a mother sent her child to a sports section or dance club, then she needs to worry about documentary evidence.

A certificate from a coach or artistic director will be valuable evidence in the process of depriving an ex-husband of paternity.

Mothers should visit kindergarten, school, and other educational institutions more often, take an interest in the affairs and problems of their children, and attend parent-teacher meetings and other events.

Thus, her activity will be visible, caring for her son or daughter, showing direct interest in the educational process.

Having certificates and documents in hand, as well as witness statements, the mother will be able to win the trial and deprive her ex-husband and negligent father of parental rights. With these documents, as well as a statement of claim, the ex-wife goes to court, where the process of deprivation of paternity will take place.

This will serve as proof of his caring attitude towards his son or daughter. Therefore, such an outcome should be foreseen and excluded as a possible development of events.

Guardianship and trusteeship authority

In questions of how to deprive a common-law husband of paternity, and especially a legitimate one, one should not forget about the guardianship and trusteeship authority.

The guardianship and trusteeship authority guards the legal rights and interests of children, therefore the opinion of specialists in matters of deprivation of paternity is important.

But, as practice shows, the conclusion of the competent authority cannot influence the final decision of the court. The court can take into account the conclusion, familiarize itself with the conclusions of the commission on juvenile affairs, but it makes a decision independently, carefully, and justifiably.

Representatives of this structure will necessarily inspect the child’s place of residence, render their verdict on suitability and present it to the court. The court may take note of these data, or may consider them unfounded - it all depends on the specific case, life situation and other circumstances.

What else should you know about depriving your ex-husband of paternity?

Unilateral deprivation of paternity in Russia does not entail the termination of financial support for the child by the ex-husband. He will still have to pay alimony until he reaches adulthood, and no one will relieve him of this obligation.

But he himself will no longer have to count on being able to receive alimony from his son or daughter in his old age. However, as with many other issues.

Returning to the question of whether paternity can be deprived without consent, it is worth remembering that this is quite difficult, since there are a number of features.

You should always take into account your specific life situation, the combination of certain circumstances, as well as many individual factors.

Therefore, the question of how to deprive paternity without a father should be approached in a balanced and reasonable manner, having in hand irrefutable evidence of the father’s indifference in raising children.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 or ask a lawyer a question using the feedback form, located below.

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How can I deprive my ex-husband of paternity? Circumstances and consequences

More and more often, women are thinking about how to deprive their ex-husband of paternity. In real life, ex-spouses often try to annoy their wives in one way or another.

They may not pay child support, make threats, turn children against their mother, take the child to their place for the weekend, but at the same time leave him with his grandparents, and so on. Everything so that the ex-wife cannot live in peace. In some cases, deprivation of paternity is a measure to help protect the safety of a minor.

You must always remember how to bring your idea to life. Below we will tell you everything about how to deprive your ex-husband of paternity. What consequences will such an act entail?

Paternity and parental rights

In modern Russia, several different terms can be distinguished - deprivation of parental rights and paternity. The second case often has no legal force. According to current legislation, a parent, if he is a natural (biological) parent, cannot renounce paternity or maternity. This is the peculiarity of the procedure.

Therefore, deprivation of paternity often means deprivation of the rights of a parent. This act already carries a certain legal burden. It entails a number of serious consequences. And if a woman is thinking about how to deprive her ex-husband of paternity, she will have to take into account that this can only be done through the court and under certain circumstances.

What circumstances might there be? How can I deprive my ex-husband of paternity? You must go to court if:

• the spouse has a large alimony debt;
• a man leads an immoral lifestyle;
• the ex-husband suffers from one or another addiction;
• the person does not fulfill parental responsibilities;
• ex-husband abuses children, uses violence (including psychological);
• The ex-husband is abusing his parental position.

These are the most common situations in which the court will side with the mother. After all, in order to relieve a former spouse of the rights of a parent, compelling reasons are needed. This is a pretty big step.

Circumstances

It’s hard to believe, but even some circumstances that occur in real life can give the child’s mother certain advantages over the court. What exactly are we talking about?

The following circumstances may serve as grounds for deprivation of parental rights:

1. The need to travel abroad. Quite often, ex-spouses prohibit their children from traveling or moving outside the Russian Federation with their mothers.
2. Caring for disabled parents. According to current legislation, children are required to care for parents who are in need and disabled. But only on the condition that they were not deprived of parental rights.
3. A woman entering into a new marriage with the subsequent adoption of a child. To bring the idea to life, the consent of the baby’s biological father is required. We are talking only about adoption. This cannot be done without the consent of the ex-spouse.

These are the most common situations. But how to deprive your ex-husband of paternity? Where should you start such an operation?

In reality, bringing your idea to life will not be as easy as it seems. Deprivation of parental rights is accompanied by serious paperwork. It is primarily the plaintiff who will have to face it.

Important: both the mother and the father of the child can begin the procedure for depriving the rights of a parent.

The first stage is contacting the guardianship and trusteeship authorities. It is necessary to contact the department at the place of registration of the mother and child. It is enough to take your passport and birth certificate with you.

The guardianship authorities will give the applicant a paper with a list of documents necessary to further resolve the task.

Where to file a claim

But we'll talk about documents later. Let's consider how to deprive an ex-husband of paternity? After contacting the guardianship authorities and collecting all the necessary papers, you will have to decide where to send the statement of claim.

The following scenarios are possible:

1. District court according to the registration of the defendant (in our case, the child’s father) - if it is only planned to deprive the rights of a parent.
2. District courts at the place of residence of the plaintiff - in case of deprivation of paternity with a reservation. More precisely, with the appointment of child support.

That is, if a mother simply wants to deprive her ex-husband of parental rights, she needs to go to court based on her husband’s registration. If you need to additionally assign alimony for a child (sometimes for yourself as well), you need to find out the place of residence of your spouse and file a claim with the appropriate authority.

Documents for deprivation

How can you deprive your ex-husband of paternity? If this is a balanced decision with reasons, it is necessary to collect a certain package of papers. It will be written on a piece of paper issued by the guardianship authority.

Most often, the package of documents for deprivation of parental rights includes the following papers:

• lawsuit;
• birth certificate;
• certificate of marriage/divorce;
• characteristics of the child’s place of residence;
• registration certificates;
• characteristics of parents from work;
• characteristics of a child from educational institutions;
• certificates confirming the income of the parties;
• payment receipts/data on alimony arrears;
• court decision on alimony payments;
• plaintiff's identity card.

Sometimes the package of documents excludes some papers. For example, it is not necessary to bring a certificate from your place of work if citizens are employed as individual entrepreneurs. Under certain circumstances, you can do without a decision on alimony (if there was none in principle). Courts may also require additional papers. But more about them later.

Rules for filing a claim

To begin with, it is worth understanding the basics of drawing up a statement of claim in the established form. When thinking about how to deprive her ex-husband of paternity, a woman must not only collect documents, but also write the claim correctly. Otherwise, it will not be accepted for consideration.

It is worth paying attention to the following rules:

• the full name of the court to which the request is submitted is written in the claim;
• The full names of the parties (father and mother) must be indicated;
• it is necessary to register the place of registration of the child’s mother;
• the statement of claim indicates the reasons for making the request;
• filing a claim requires compliance with generally accepted rules of business correspondence;
• the request is accepted only if there is a complete package of documents (we have already talked about it);
• it is important to follow the structure of the claim: header, title, clarification, main part, conclusion;
• the statement of claim must be signed by the plaintiff.

I guess that's all. In fact, with the right approach to solving the problem, answering the question of how to deprive an ex-husband of parental rights is not difficult.

Tips to speed up the process

But that is not all. As we have already said, sometimes in order to bring an idea to life it is necessary to submit additional materials. They play an extremely important role. After all, you can’t just deprive a parent of his rights.

How can I deprive my ex-husband of paternity? The advice that lawyers give is as follows:

1. It is necessary to collect any materials confirming the reasons for going to court. These can be photos and videos, audio files, as well as correspondence. The more evidence, the better.
2. Before going to court, it is better for mom to get certificates about her health status. We are talking about contacting a psychiatrist and narcologist. By the way, it is better to have similar documents for the defendant spouse. Especially if he had problems with alcohol or drug addiction, as well as mental disorders.
3. Witnesses are those who can significantly influence the procedure. The court will definitely take into account the testimony of witnesses. Accordingly, the more people (neighbors, relatives, and so on) can confirm this or that behavior of the ex-spouse, the higher the likelihood of successful completion of the operation.

It is better to stock up on certificates of your spouse’s income, as well as a description of his place of residence. If it can be proven that the husband has neither the means nor the conditions to fulfill parental responsibilities, he can be deprived of his rights to the child.

We found out how to deprive an ex-husband of paternity. The consequences of this act, as already mentioned, are very serious. Which ones exactly?

For example, it is worth paying attention to the fact that:

• a parent deprived of parental rights will not be able to take part in the child’s life;
• parents deprived of paternity/maternity lose the right to inherit the child’s property;
• the child will still be considered the heir of his mother's former spouse;
• as a result of the procedure for deprivation of parental rights, any legal relationship with the defendant will be terminated;
• the child will have every right not to support a parent deprived of his rights in old age.

Also, courts generally will not grant adoption while a person has been deprived of parental rights. With proper preparation, the task will be quite easy to cope with.

Conclusion

We found out how you can deprive your ex-spouse of parental rights. This procedure looks like this step by step:

1. Contacting the guardianship authorities.
2. Collection of documents and evidence.
3. Filing a claim.
4. Going to court.
5. Participation in the meeting.
6. Obtaining a court order.

It would seem that there is nothing incomprehensible or difficult about this. But in practice, it sometimes happens that a parent is not completely deprived of his rights, but rather has them limited. In addition, the former spouse will be able to file a claim to restore his status as a parent if he has taken the path of reform. But this will first have to be proven.

How can I deprive my ex-husband of paternity? Circumstances and consequences

Before you figure out how to deprive a former official spouse or common-law husband of paternity, you need to take into account that, in the legal sense, a man can cease to be a father if the child is adopted by another person.

Deprivation of parental rights does not terminate paternity and the obligation to provide for the child: provide him with alimony, and bear the costs of additional actual expenses.

Adoption of a child is possible with the consent of the father or without consent, if the man is deprived of parental rights and at least six months have passed after the completion of the procedure.

In family law, deprivation of the right to raise a child by a parent is considered an exceptional measure. It is possible only in the cases specified in the RF IC - Art. 69.

The procedure requires a trial and the mandatory participation of the prosecutor - his written legal position on the case.

You will also need a preliminary and final (voiced in court) conclusion of the guardianship authorities, which the second parent or other interested legal representative of the minor has the right to apply to.

You can deprive a father of parental rights in the following cases:

• if he does not systematically participate in the child’s life and is not involved in his upbringing. Living separately, as well as a strained relationship with the other parent, is not considered an excuse for ignoring a minor. If desired, the father can agree on the exercise of parental rights by contract or in court;
• if the father caused harm to the child: when grave harm to the life and health of the minor, other family members, including the former spouse (parent) is proven.
• if the father systematically involves a minor in illegal activities, including involvement in participation in sects and movements prohibited in Russia;
• when the father does not participate in the child’s life, suffers from a severe form of drug addiction, alcohol addiction (preliminary restrictions on parental rights are possible).
• if the father systematically does not provide financial support to the minor, he is brought to administrative and criminal liability for this. The very fact of being held accountable is not specified in the Investigative Code as a basis for deprivation of parental rights, but allows one to confirm the seriousness of non-payment of alimony;
• when the father abuses his parental rights;
• if parents, including the father, do not want to take the child away from a medical, social or educational institution without good reason.

The main purpose of deprivation of parental rights is the need to adopt a child, or to use the method prescribed by family law as a preventive measure, for example, if a negligent father in the future sues and tries to collect alimony from the child.

Deprivation of parental rights does not terminate the obligation to pay child support, the amounts of which may be specified in a notarial agreement between the parents, a court order or decision. The procedure also does not deprive the minor of the right to inherit property left behind by the father.

Procedure for deprivation of paternity

According to the RF IC – Art. 70 parental rights can only be deprived in court. An application may be submitted by one of the parents or representatives of the child. The prosecutor and the social, educational, and educational organization in which the minor is located, including the commission for minors in municipalities, also have the authority to initiate the procedure.

In court, the case is considered with the mandatory participation of the prosecutor and guardianship authorities. If alimony has not previously been collected from the father, then the court should also consider this issue.

After making a decision on deprivation, the court is obliged to notify the registry office at the place of birth and registration of the minor, or the MFC, if the child was registered through a multifunctional center.

This must be done within three days from the date of the decision.

The procedure usually begins with an appeal to the guardianship authorities. The second parent or legal representative must set out the situation in order to understand whether the procedure is really necessary or whether it is possible to limit oneself to other methods of influencing the father.

Upon application to the guardianship authorities, you can ask to examine the child’s living conditions and study the circumstances of his upbringing. Previously, guardianship can find out the motives for the father’s non-participation in raising the child by calling him for a conversation. The position of the guardianship and the prosecutor is considered the main one - in order for the procedure to be completed successfully.

To deprive parental rights, the following circumstances are taken into account:

• non-participation in raising a child should be expressed in the conscious inaction of the father, aimed at ignoring the needs and interests of his own child. It manifests itself in a lack of contacts, a reluctance to take an interest in his life and studies. Rights can be deprived even when the father treats his duties formally - once a year he wishes him a Happy New Year or Birthday. Each case is individual. The father's long-term illness or incapacity are not considered grounds for deprivation of the right to raise a child, but the court may take measures to limit parental rights;
• harm to the life or health of the child or other close family members must be proven in court. Court decisions that have prejudicial significance can be used as arguments and evidence. If the father is convicted by a court verdict, then the fact of criminal prosecution may become grounds for deprivation of parental rights;
• abuse of parental rights is manifested in the fact that, while the exercise of parental rights is legal, they are directed to the detriment of the child - for example, when it is proven that the father, while raising a child, periodically treats the child roughly, insults him, and commits other acts that degrade the dignity of a minor;
• the involvement of a child in illegal activities can be proven by judicial and administrative acts. When making a decision, the court takes into account the maliciousness of the actions and their frequency;
• Chronic drug addiction and alcoholism of the father can be confirmed by medical documents, which the court has the right to request at the request of the party applying to the court.

Deprivation of parental rights for failure to pay child support is possible if the seriousness of the offense is established. The defaulter may incur administrative punishment under the Code of Administrative Offenses of the Russian Federation - Art. 5.35.1. At the initiative of the legal representative of the claimant and the bailiff, criminal liability is possible, up to actual punishment in the form of imprisonment for a term of no more than a year. If a citizen is brought to justice, then, if there is a large debt, the chances of depriving the father of parental rights increase. Being in the MLS also contributes to making a decision in favor of the applicant.

Procedure

To terminate parental rights, you will need to adhere to the following procedure:

1. Contact the guardianship authorities with an application to inspect the living conditions of the parents. A family may be registered as dysfunctional. If the father does not have normal living conditions, the guardianship authorities record this in the appropriate act.
2. Collect evidence - certificates from educational medical organizations - that the father did not come to scheduled medical and other events, parent-teacher meetings, etc.
3. Obtain a conclusion from the guardianship authorities.
4. Apply to the court. The document is drawn up at the place of residence of the defendant or his actual stay.
5. Participate in litigation.
6. Get a court decision.

It is advisable to obtain the testimony of witnesses, first of all, neighbors who can confirm in court that the father did not take part in the child’s life. You can present any evidence confirming the existence of grounds for deprivation of parental rights.

Procedural nuances

Submission of an application is carried out according to the general rules for filing a claim.

The document states:

• name of the court;
• information about the applicant;
• information about the defendant - full name, place of residence;
• information about the child;
• information about third parties.

The application should set out the circumstances that require action to be taken against the father. It is necessary to identify in detail and consistently the alleged grounds for deprivation: commission of a crime, abuse of rights, non-payment of alimony.

The application will need to be accompanied by documents confirming the grounds for the application - previous court decisions, bailiffs' calculations, certificates confirming the lack of communication between the father and the child. The state duty amount will be 300 rubles. Copies of the second parent's passport and the child's birth certificate will be required.

The court will accept the application along with the documents if they are properly drawn up and filed within the jurisdiction. The application is submitted to the district authority. Measures are being taken to summon the defendant to court. However, his failure to appear does not prevent the consideration of the case if the materials contain information about proper notification of the father about the time and place of the hearing.

The court takes into account the circumstances of the relationship between the father and the child. Deprivation is possible the first time if the crime against a child or other family member is serious and involves murder or injury to a relative.

Usually the court provides the parent, especially if he appears at the hearing, with information about his activities and income, and gives the parent the opportunity to improve. This usually takes at least six months.

If the situation does not change - the father still does not communicate with the child, does not provide him with financial support, then the mother or other interested representative of the child has the right to re-submit the application.

If the court determines that preventive measures against the father are ineffective, it will make a decision to deprive parental rights.

From the moment the decision comes into force, the father has no right to participate in the upbringing of the child, but is obliged to provide him with financial support.

It is possible to restore a person’s parental rights if he has reformed and leads a normal life. If the child is over 10 years old, consent will also be required for this.

For the adoption procedure you need:

• consent of the adoptive spouses;
• documents confirming that future parents do not have dangerous diseases;
• information about the financial situation of the adoptive parents.

The procedure can also be performed without the consent of the father, when the parent is deprived of the right to raise the child. In other cases, permission is granted orally - at a court hearing or from a notary. “Abandonment of the child” in exchange for the absence of claims for alimony, which is supposedly possible, is invalid. The notary will only issue consent for adoption.

Deprivation of paternity is allowed only after a court has issued a ruling on the adoption of a child by another man, with the possible entry of information into the minor’s birth certificate.

A parent must properly fulfill his rights and take care of the minor - even if parental rights are lost through deprivation.

In difficult situations related to the procedure for deprivation of parental rights or the adoption of a child, the support of a lawyer is recommended.

Last changes

In 2023, there are no significant changes in legislation on this issue.
Our experts monitor all changes in legislation to provide you with reliable information.

How to deprive a father of paternity: without his presence, procedure

Last modified: June 2023

When a father does not fulfill his duties towards a minor, there is a way to deprive the father of paternity, correlating the circumstances with the provisions of family law. The procedure for terminating paternity depends on the presence of the father’s consent, taking into account the grounds established by Article 69 of the RF IC.

Deprivation of paternity does not mean release from responsibilities to the child. By limiting the rights of a parent, the legislator provides for the preservation of all responsibilities.

Basic provisions

The grounds in which cases paternity is deprived , from the point of view of legislation, are:

1. Refusal to fulfill responsibilities to the child or participate in the child’s life.
2. Failure to fulfill financial obligations to provide for a minor dependent.
3. Offenses related to the abuse of minor children, physical influence and psychological pressure.
4. Crimes of a sexual nature.
5. Alcohol and drug addiction.

• If there are multiple grounds for filing a claim, the likelihood of a decision to satisfy the claim is higher.
• Plaintiffs may be:

• mother of a minor;
• guardianship department employee;
• prosecutor's office;
• organizations for the protection of children's rights.

1. When depriving the right to raise a child if the father has foreign citizenship, one should remember the complexities of the process requiring the filing of a claim at the defendant’s place of residence.
2. There are the following ways to do without traveling abroad:

1. Terminate paternity along with the dissolution of the marriage.
2. If there is real estate in other places (for example, in Russia), it is allowed to apply by location of the property.

Deprivation of a foreigner's paternal rights is no different from similar actions against Russian fathers.

Sometimes it becomes necessary to deprive the father of his rights when the child has already reached the age of majority. The status of a capable citizen gives the authority to independently go to court, saving the mother from participating in an unpleasant trial.

Ways to deprive paternity

• When the mother cannot go to court on her own, or is afraid of the father, the social service will help protect the child from the corrupting influence of the parent, filing a claim instead of the mother.
• Having a notarized power of attorney will allow you to transfer the authority to speak in court and file a claim to another person.
• When a person waives his rights, the law provides for a procedure with notarization of the renunciation.

Voluntary refusal

 

If a unanimous decision is reached, deprivation of paternity can be carried out within a short time. However, many nuances apply - for example, the father retains the right to withdraw his consent with deprivation of rights.

Sometimes voluntary deprivation of rights, if the father agrees, is allowed if another man intends to adopt a child when registering a marriage with the mother. It is possible to obtain the status of an adoptive parent only after the preliminary deprivation of the rights of the natural father.

If paternity is terminated voluntarily before the law, this does not relieve one from the obligation to financially provide for the minor. The court will assign alimony at its own discretion, based on the financial situation of the new social unit created.

In the decision-making process, if the wife and husband agree, the court will definitely take into account:

• Providing a document indicating the father’s refusal (notarized).
• Appearance of the defendant at the court hearing.
• Checking the presence or absence of requests to revoke consent by the father.

1. If the rights of the child in the process of deprivation of paternity with the consent of the father are not violated, the judge grants the request of the parties and terminates paternal authority in relation to a specific child on the part of a certain person.

Forced deprivation

The basis for deprivation of parental rights, if the father does not agree, will be the standard reasons listed in Art. 69 RF IC.

• To prove the parent’s improper performance of his duties, as well as violations in the field of criminal offenses, it is necessary to prepare a comprehensive package of documents proving the existence of grounds.
• Particular attention should be paid to searching and collecting evidence:

• physical violence;
• psychological pressure;
• threats;
• inducements to acts of a sexual nature.

1. The more serious the offenses the father committed, the easier it will be to convince the court of the need to revoke the father's rights.
2. Read: what documents are needed to deprive paternity.
3. The following documents must supplement the package of personal papers and the state fee receipt when filing a claim:

• testimony of witnesses, documents confirming the lack of interest in the child’s life on the part of the father;
• an act of examining the living conditions of the child, family, plaintiff and defendant (if they live at different addresses);
• documents confirming the fact of drug addiction and alcoholism;
• data on the amount of debt and a certificate of chronic alimony arrears;
• information about the search for the father, if the whereabouts of the parent are not established and the meeting is held without his presence;
• court decisions confirming prosecution due to illegal actions, violence against family members;
• video material confirming the immoral behavior and rude treatment of the parent with the rest of the household;
• certificates from the hospital, forensic experts confirming the fact of beatings, sexual claims of an adult;
• characteristics from the place of residence (from the district police officer), from the employer (if there is a job).

• Representatives of the prosecutor's office and guardianship authorities at the child's place of residence are called to the meetings.

The procedure for depriving a father of all rights to a child means a ban on any influence on the fate of a minor, the impossibility of obtaining information about him, his life, studies, and state of health.

In fact, the parent becomes an outsider who has no authority over the child. At the same time, deprivation of paternity retains the responsibility to provide for the child, and also gives the right to inherit property in the event of the death of the parent deprived of rights.

Sometimes ending paternity is the only way to protect a child from molestation, the negative impact of a degenerate person that threatens the life and health of other family members.

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How to unilaterally deprive a father of paternity

Deprivation of parental rights is a procedure that is applied to unfortunate parents in some cases. The decision is made exclusively in court. The basis is a statement from the prosecutor, the second parent, guardian, representative of the guardianship authorities, etc.

The document is submitted to the court by the person who has temporary custody of the child until a decision is made to deprive his biological parents of parental rights.

Why paternity can be deprived - grounds

• Chronic failure to fulfill parental responsibilities towards a minor.
• If the ex-husband evades paying alimony.
• The father (mother) refused to take the baby from the hospital, maternity hospital and other similar institutions in the absence of valid reasons.
• Cruelty to a minor (physical and psychological pressure, sexual harassment).
• Chronic alcoholism, drug addiction.
• If the parent has committed an intentional crime that could harm the child or his mother.

A decision to deprive paternity can be made to both biological parents (father, mother) and adoptive parents. In this case, a decision is made to cancel the adoption.

When to go to court regarding deprivation of parental rights

Most often claims are filed in the following cases:

• When traveling outside the country (for permanent residence or on vacation). Written consent from both parents is required. Often the husband (ex-husband) does not want to give consent to take the baby out of the country. At the same time demanding material compensation.
• According to the law, adult children are required to support their elderly parents. Often a father who did not think about his children in his youth, in his old age seeks alimony for himself. To prevent this from happening, it is necessary to deprive such a parent of his rights until the child reaches adulthood.
• If a woman remarries and her second husband is ready to adopt a child, give him his last name. Biological fathers, as a rule, oppose this and do not allocate funds for the maintenance of the baby. The court may decide to terminate parental rights. The child's surname will be changed without the father's consent.

Unilateral deprivation of paternity - how to file

Required documents:

• Child's birth certificate.
• Document on divorce (if the mother and father of the baby were married). If the child's father is a common-law husband, this document is not provided.
• Certificate of registration.
• Description of place of residence.
• A court order to pay alimony (if there was one).
• Document from the FSSP on the amount of alimony debt. The document is provided only if alimony was collected in court.
• If the father evaded child support, you need to provide a certificate from the FSSP about the search for the father.
• Characteristics from the workplace of the plaintiff parent.
• A document confirming the plaintiff’s salary.
• Characteristics from the kindergarten, school or other place the child attends.

The list may be supplemented with other documents, depending on the content of the applicant’s claim.

The documents are supplemented with a statement of claim and submitted to the court. One nuance is important here: if only an application for deprivation of parental rights is submitted, it is necessary to apply to the court at the place of registration of the defendant. If the defendant’s residential address is not known, you must contact the court of the district where the property is located at the defendant’s last registered address.

If a mother, along with an application for deprivation of parental rights, files a claim for the recovery of alimony, you can go to court at the place of registration of the mother.

In the statement of claim, the plaintiff must concisely and in detail describe the situation, the facts, according to which the defendant should be deprived of paternal rights. The document must contain references to relevant legal norms. The claim is filed in the court office or by mail, registered mail. All supporting documentation is attached to the document.

Evidence base

In order for the court to make a positive decision in favor of the mother, it is necessary to provide a sufficient evidence base of documents that will confirm the grounds for the claims put forward in the claim. Documents from emergency rooms, copies of statements to the police, confirmation from bailiffs, etc., if any, are provided.

If it is impossible to obtain some documents in hand, the plaintiff has the right to write an application to the court to request the court to obtain the necessary certificates. If the judge decides that such documents will help to understand the issue, he will make a positive decision.

Court hearings

If the father never appears at court hearings, the court has the right to deprive him of paternity in absentia. The judge can make three types of decisions:

• Deprivation of parental rights.
• Restriction of rights.
• Refusal to deprive paternity.

The trial lasts 1 – 3 months. Delay is possible if the defendant raises objections or files a counterclaim.