Grounds for depriving the father of a child of parental rights after divorce and during marriage

When can a woman go to court?

To deprive a husband of his rights to a child, the mother must write a statement of claim, and she must also collect the required documents and evidence. There are circumstances in which the list of documents is supplemented.

A citizen can only be deprived of his rights to a child through a judicial procedure. The legislation contains two articles according to which the father is responsible for the baby before the law. Usually the applicant is the mother of a minor, but during the proceedings, the guardianship and trusteeship service and the prosecutor are also involved.

Grounds for deprivation of parental rights

A citizen can be deprived of paternal rights for some reasons:

Articles on the topic (click to view)

Agreement on the procedure for exercising parental rights
Decision to cancel restrictions on parental rights
Grounds, reasons, procedure and documents for deprivation of parental rights of a mother
Grounds and reasons for depriving the child’s father of parental rights: procedure through the court
Sample claim to court for deprivation of father's parental rights for non-payment of child support
Restriction and deprivation of parental rights: grounds, procedure and consequences
Is it possible to deprive a father of parental rights if he does not communicate with the child, but pays child support?

a man abuses his rights as a parent, thereby negatively affecting the condition of the child and the general life of the family;
the father refused to pick up his child from a preschool institution, school, hospital, maternity hospital or other organization of a similar type, without having a good reason for this;
a citizen uses violent acts against a child, this can include not only physical, but also psychological pressure, as well as sexual violence;
the defendant regularly uses drugs or alcohol;
the man evades the necessary payments and also does not fulfill his paternal responsibilities;
the spouse and child suffered intentional psychological or physical harm that affected their health.

Important! The statement of claim for the exclusion of information about the father from the registry record should be drawn up according to the sample and only under the supervision of a lawyer in order to avoid mistakes.

How to deprive a father of parental rights after a divorce

Deprivation of parental rights is carried out exclusively in court. All of the above grounds are subject to justification and confirmation, first in the statement of claim, and then in the court hearing.

The following may apply to the court with a corresponding claim:

mother of the child;
guardians, trustees or other relatives with whom the minor lives;
guardianship and trusteeship authority or prosecutor in the interests of the minor.

This category of cases falls under the jurisdiction of the district court. The claim for deprivation of rights is filed at the place of official residence of the defendant.

Important! Mandatory participants in the judicial process for deprivation of parental rights will be the guardianship authorities and the prosecutor.

Even if the plaintiff did not indicate them in the claim, the court itself will notify the indicated persons when preparing the case for hearing and does not have the right to return the claim or create other obstacles on this basis.

Procedure for deprivation of parental rights

Contacting the guardianship and trusteeship authorities to analyze the situation and receive recommendations on further actions.
Collection of evidence, documentary evidence of the grounds for deprivation of rights.
Drawing up a statement of claim and execution of documents attached to the claim.
Filing a claim in court.
Fulfilling court requirements in preparing the case for hearing or eliminating deficiencies, if any.
Participation in court proceedings, substantiation and confirmation of one’s position and arguments in court.
Waiting for the decision to come into force or appealing a judicial act if the result of the hearing does not suit the applicant.
Execution of a court decision (carried out by the court).

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

At almost each of the listed stages, the applicant may require qualified assistance from an experienced lawyer. The main task when filing a claim to deprive a father of parental rights is to competently substantiate your claim and prove every fact stated in it.

It is not enough just to refer to the father’s failure to fulfill his duties - all this must be confirmed with documents or testimony. Our specialists are ready to advise you free of charge on any issues related to cases of deprivation of parental rights.

Procedure for depriving a father of parental rights

The procedure for depriving parental rights takes place in accordance with the provisions of Art. 69-71 of the RF IC and the norms of the Code of Civil Procedure of the Russian Federation in terms of determining the procedure for trial.

The following persons take part in the court hearing on the issue of deprivation of parental rights:

Plaintiff and defendant.
Guardianship and trusteeship authorities.
Prosecutor.
Third parties: relatives of the parties, if they can explain anything about the case.

Both the parties and the court may summon witnesses whose testimony can confirm or refute the arguments presented by the parties.

Important nuances of the procedure for depriving parental rights:

If during the court hearing the actions of the deprived parent are revealed, which clearly or indirectly have signs of a crime, the judge officially notifies the prosecutor, who is obliged to take response measures in this case. Usually we are talking about domestic violence, beatings or even crimes against sexual integrity.
The court's decision to deprive the father of his parental rights is sent within three days to the civil registry office to enter information into the civil registration acts. The applicant does not need to do anything after the judicial act comes into force.
Deprivation of parental rights does not relieve the father from maintaining the child and alimony continues to be collected until the children reach adulthood.
A child aged 10 years or older may be questioned by the court on issues relevant to the case.

Important! Regardless of the grounds for the claim, the court must instruct the guardianship and trusteeship authorities to present their opinion on the advisability of measures to deprive the father of parental rights.

The conclusion is issued by the guardianship authorities at the place of residence of the minor child, as well as by the guardianship authorities at the place of actual residence and (or) registration of the father for the most complete and objective reflection of all circumstances.

Statement

The statement of claim for deprivation of the father's parental rights is drawn up in accordance with the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation. The claim must reflect as fully as possible all the evidence leading to the deprivation of the parent’s rights to his child.

There is no legally approved sample of a claim for deprivation of parental rights.

However, according to established practice and taking into account the requirements of Art. 131 of the Code of Civil Procedure of the Russian Federation, the application must indicate:

Name and address of the court competent to hear the claim.
Full names of the parties, registration addresses and actual residence (for correspondence).
Name of the guardianship and trusteeship authority, address of the institution.
Data from the district prosecutor's office.
Description of the circumstances of the case (when the marriage was concluded and dissolved, full names and dates of birth of the children, their place of residence).
Grounds for depriving the father of his rights (what is the evasion of duties, how is this confirmed).
Justification of demands for collection of alimony (if not collected earlier).
Request for deprivation of rights, collection of alimony maintenance.
Date, signature and list of documents.

The application can be sent by mail, registered mail, or submitted in person to the court by attending an appointment at the established hours. If there are no deficiencies, the judge accepts it for proceedings and schedules a hearing.

Important! From January 1, 2021, it is possible to submit documents to the court electronically through the GAS Prosvosudie portal, but only if the applicant has an electronic digital signature or an authorized personal account on the State Services website.

Sample

To correctly draw up a statement of claim, it is recommended to seek help from experienced lawyers. If you want to try to write a statement yourself, you can use the sample presented below.

Important! This document reflects only the simplest situation and is unlikely to be 100% suitable for your situation. Consult with our lawyers right now on the website.

Documentation

The composition of the package of documents in cases of deprivation of parental rights will be purely individual for each case.

A typical list of documents that are most often the same for all claims:

a copy of the claim for the defendant, a copy for third parties (to each);
certificate of family composition;
extract from the house register;
information about the child from the place of study;
characterizing materials about the parent (from the place of work, from neighbors, from the district police officer);
a copy of the applicant's passport.
documents about marriage and children: copies of certificates;
documents confirming the child’s residence with the plaintiff;
evidence of grounds for deprivation of paternal rights.

The following must be attached as evidence:

list of witnesses to be called;
decisions of law enforcement agencies on the commission of offenses and crimes by the parent;
certificate of alimony debt;
certificate from drug-psychiatric dispensaries;
court verdict on the commission of a crime;
other evidence of parental evasion from fulfilling their duties.

Important! You can also attach a petition to request information from the guardianship and trusteeship authorities, drug treatment clinic, law enforcement agencies, if these documents cannot be provided to the applicant.

Who can prepare the documentation

Before a woman goes to court to seek help, she must collect a whole list of required documents, as well as certificates and extracts that will confirm the charges. Some papers attached to the appeal will act as evidence, while others will become the basis for indicating the reason why the mother has to act through the court.

The procedure will be started only after the plaintiff submits his application; it must indicate the reasons why it is necessary to limit or deprive the citizen of his rights. Already during the process it will be decided whether there is a need to deprive the father of his rights or whether they can only be limited. In some cases, the claim is rejected. To submit an appeal, you must prepare certain documents; the following can collect them:

mother of a minor;
employee of guardianship and trusteeship authorities;
a minor who has reached 15 years of age;
employee of the prosecutor's office or kindergarten.

It is now worth considering in more detail what documents are needed to deprive paternity, as well as where to go first to have the application accepted in court.

List of main documents

Many women wonder what documents should be collected to present to the court to open a case. Once the grounds have been determined, evidence should be collected to support the words written in the application. There is a basic list of papers, it must be collected without fail, and depending on the specific case, the list can be expanded.

The main list includes:

a statement written by the plaintiff that describes the claims as well as the basis for the case;
a photocopy of all important documents, these include the minor’s birth certificate and a copy of the mother’s passport;
certificates and papers that will help confirm that the man is shirking responsibility for the baby and is not fulfilling his duties;
a woman’s income certificate, which can confirm that she has a stable income;
a conclusion from a psychologist who must show the child;
a certificate from the child’s place of study or from the kindergarten the child attends;
characteristics from a preschool or school institution that will tell the student’s perception of knowledge, as well as his psycho-emotional state;
a reference from the plaintiff’s place of work, in which colleagues and the employer describe the woman positively;
a document stating the living conditions of the minor, as well as papers on the living conditions of other participants in the process;
a certificate that can be obtained at the applicant’s place of registration.

Interesting! Depending on the area, the case can last from several months to several years.

Is it possible to restore parental rights?

Russian legislation does not call the procedure for deprivation of parental rights irreversible. The father has the right to regain the right of a parent, provided that the circumstances or reasons that led to such consequences have disappeared.

The parent must independently prove that his behavior has changed, and the grounds that make his paternity impossible have been terminated. For example, a man could recover from alcoholism or drug addiction, find a job, or reconsider his views on raising a child. The father must apply to the court at his place of residence with the appropriate statement of claim and evidence. The evidence base may include witness statements, certificates from the place of work, or from a medical institution.

However, even when presenting undeniable evidence, the court takes into account the opinion of the child and his mother, as well as other persons living with the children and participating in their life and upbringing. If the father was an adoptive parent and was then deprived of this right, it is not restored.

What documents are needed to deprive a father of parental rights?

There are certain documents for depriving a father of parental rights that are not included in the main list. They may be needed in difficult cases, then the mother will be advised to provide documents such as:

certificate of marriage or divorce, it can be obtained from the registry office;
a court decision that paternity has been established;
a certificate from the defendant’s place of residence, as well as his personal characteristics;
a document confirming the plaintiff’s income for the last 12 months;
a medical certificate confirming that the defendant does not take alcoholic beverages or drugs;
extracts indicating that the parent was brought to criminal or administrative liability;
from guardianship you should receive acts that describe the living conditions of the child;
documents from bailiffs confirming the fact of evasion of alimony;
certificates confirming child abuse, as well as witness statements about this.

Interesting! The list of documents can be supplemented with other papers, it all depends on the specific case. The judge may require additional information during the trial.

Procedure for deprivation of parental rights

How to deprive a father of his legal parental rights?

Life situations and collisions can unfold in such a way that the father’s participation in upbringing will negatively affect the baby and his subsequent life.

For example, if the father is a chronic drug addict or alcoholic and does not try to fight his illness, because everything suits him. Or he is an inadequate person who cannot control his emotions and, in fits of anger, can hurt defenseless children and his wife.

There are also frequent cases of cruelty towards children, sexual harassment, moral suppression of a child, ignoring his needs, etc.

In these and some other situations, it is necessary to take adequate measures. The child should be protected from harmful influences and the danger that threatens him. A mother or guardian faces a very reasonable question: how to deprive the child’s inadequate father of the legal parental rights?

After all, only by depriving the father of his rights can his further communication with the child be completely stopped. And the latter has a chance to grow up in an environment favorable for the development and formation of personality.

This article is devoted to consideration of this issue.

You can deprive your father of parental rights under different life circumstances. This can really be done if:

you are married or already divorced;
the father does not pay or pays child support (More information about this can be found here);
he agrees or disagrees with the deprivation of rights;
he is in prison or is free, etc.

Each individual case has its own legal nuances. A professional lawyer can always advise on how to deprive the child’s failed father of parental rights specifically in your life circumstances. In general, you must understand one thing: the problem is always solvable. You shouldn’t waste time and bring the situation to a dead end just because you don’t know something or are afraid. Study the issue, enlist the support of a lawyer - and everything will definitely improve in your life and the life of your child.

Where to apply

Before filing an application with the court, you should visit the guardianship and trusteeship authorities; this step cannot be skipped. Here the mother provides copies of the baby’s birth certificate, as well as a copy of the divorce certificate from the man, bank account statements and a certificate from the house register. All this can be taken at the minor’s place of residence.

Depending on what list of documents was provided to the organization, the plaintiff is obliged to send additional medical documents to the guardianship authorities that confirm that the man has an alcohol or drug addiction. This list may also include certificates confirming that the man does not pay alimony and other important evidence that may be the reason for initiating a criminal or administrative case.

This is important to know: Law on crossing the Russian border by minors

After receiving the application, the guardianship authorities are required to visit the child’s place of residence to examine the mother’s living conditions, and then also visit the spouse’s place of residence (if living separately).

Based on the results of the inspection, certain conclusions will be drawn. If the child is already 10 years old, then he himself has the right to give consent to deprive one of his parents of rights. At the same time, the guardianship authorities are obliged to make sure that this consent is his free will and it was given without coercion by one of the parties.

All results of the research of the guardianship authorities are recorded in papers, both positive and negative aspects are described. The service worker also pays attention to how parents interact with each other. When the conclusion is ready, it is attached to the main list of documents and all this is sent to the court to initiate a case.

What does it take to deprive a father of his legal parental rights?

Once you have collected the evidence base, it is time to file a claim. In the header, indicate the name of the district court, the plaintiff in the case (child), his representative (second parent or guardian), and the defendant. You must indicate your date of birth, place of work, residential address, and contact numbers.

In the middle write the name of the claim (what it is about) and the text itself. In the text, it is necessary to state in dry legal language all the circumstances and facts that are significant for making a decision, and provide supporting documents and other evidence. In the petition part, indicate your requirements with reference to the provisions of the law that govern these issues. Make a list of attached documents. Place the date and signature below.

When the claim is ready, you need to file it in court. This can be done in three ways:

through the office of the relevant court;
send by letter with notification;
give directly to the judge at the reception.

The latter method is preferable, because the judge will look through the package of documents and tell you what evidence is missing; also already at the stage of accepting your claim, the judge can issue you a court request so that you can obtain a number of evidence that, at your simple request or even Authorities are not entitled to provide written requests.

This applies, for example, to characteristics of children from educational institutions or from public clinics. Often, educators, teachers, or even the children’s doctors are not at all opposed to writing you the required reference and without unnecessary requests and red tape, but for the reason that the court accepts only properly executed documents, certificates and references (which means certified by signatures and seals ), then the court most likely will not accept a simple explanation from the class teacher or the child’s attending physician without the required stamp. In order to be able to affix all the necessary seals and signatures of officials to the explanation, as a rule, an official judicial request is required.

After receiving court requests and clarifications from the court regarding inaccuracies in your claim (if any), you can receive a subpoena to appear to prepare the case for trial.

Despite the fact that many people neglect this stage of the process and even consider it insignificant, we strongly recommend that you spend your time and appear to prepare the case for the hearing.

Firstly

, this will allow you to immediately, even before the hearing, provide the judge with additional evidence you have received.

Secondly

, this is another additional opportunity for you to receive the necessary requests to obtain information, for example, about the absence of the defendant in the child’s life, the presence of alcoholism, or the opportunity to request the necessary court order or sentence.

Third

, most likely, already at this stage you will be able to find out the defendant’s reaction, receive his objections, and therefore be fully prepared for the meeting itself.

Fourth

, you will already at this stage establish yourself as a responsible person, strongly interested in the outcome of the process.

After preparing the case, the court hearing itself will be scheduled. As a rule, it is prescribed no earlier than two to three weeks after preparation. This period is given so that all necessary procedural actions are successfully carried out and completed, as well as in order to have time to notify all persons involved in the case during this time.

On the date of the court hearing itself, you need to appear in court at the appointed time, bring with you all available documents and evidence, perhaps some new information that has appeared, be sure to prepare and call with you witnesses whom the court can question in the courtroom on the issue of known them the circumstances and facts of your case.

The meeting itself will be held with the mandatory participation of the guardianship authorities, as well as the prosecutor. These persons are called to court in order to monitor whether the rights of the most important participant in the process - the minor child - are not violated. On this issue, officials can provide their opinion, give explanations to the court, and also ask questions to all persons participating in the case. It doesn't matter whether it's a plaintiff, a defendant or a witness.

What is needed at the trial stage? State your position, ask the defendant questions, answer questions from the court, the prosecutor, the guardianship authorities and the defendant.

When presenting a position, it is important not to go far from the point, but to say everything clearly, understandably and to the point. It is advisable to confirm the factual data immediately and with the norms of the law, do not forget to tell about all the important details, the main thing is that your position looks more justified and significant.

Don't be afraid to ask the defendant direct questions about the child. It is also advisable to prepare a list of questions for the counter-party in advance so that at the most crucial moment, as often happens, everything important and necessary does not fly out of your head.

After the case and all its aspects have been considered, as well as the opinions of persons authorized to protect the rights of the child on the issue of deprivation of rights have been heard, the judge will retire to the deliberation room and, based on the materials of the case, the speeches of the persons, as well as the norms of the law, will make a decision.

What is needed at the trial stage? State your position, ask the defendant questions, answer questions from the court, the prosecutor, the guardianship authorities and the defendant.

After making a decision, if you do not agree with it, you need to challenge it. If you agree, wait until it comes into force. After this, the stage of enforcement proceedings begins.

Is it possible to restore rights?

Even if a parent has been deprived of rights to a child, he can seek the help of a good lawyer to restore his rights. But for the process to be positive, the citizen must change his behavior, which led to the trial. To restore the role of a parent, the father must file an appeal to the court, after which the judge will consider new documents that will prove that the man’s behavior and lifestyle have changed.

Important! When the child is already 10 years old, the court may refuse to consider this case if the minor does not want to communicate with the parent. During the trial, a psychologist constantly communicates with the child

Consequences

Family law describes the full consequences of what follows when a father loses rights to his child. When deprived of rights, the father not only loses rights to the minor, but also cannot receive money from him for maintenance. In addition, a man cannot use benefits and allowances that are intended for persons with children. Also, the defendant will not be able to adopt or take custody of another child; he will be able to restore his rights no earlier than six months later.

Note! Each claim must be filed along with a document that confirms that the plaintiff has paid the state fee. Today it is about three hundred rubles.

For serious reasons, the mother should not remain silent; she should seek help from the court in order to protect the minor from the unlawful actions of the father. It is best for the mother to seek help from a lawyer who will help collect a list of documents and write a statement in accordance with all legal requirements.

How to deprive a father of parental rights if he agrees?

Voluntary renunciation of paternity is not provided for by law. A man cannot be deprived of these rights on his own initiative. Deprivation of paternity is possible only in case of serious misconduct on his part towards the child. And the initiator of such deprivation can be: mother, guardian/trustee, prosecutor's office, guardianship authorities, and other organizations whose competence is to protect the rights of minors.

The deprivation procedure will be the usual one, through the court. At the meeting, the father can say that he agrees to the deprivation of rights. But the court makes a decision based on the existence of grounds for this, and taking into account the conclusion of the guardianship authorities. Deprivation of paternity is a serious step. Therefore, the court will most likely first limit the father’s rights.

If the mother initiates filing a lawsuit, and the father tells her that there will be no problems: he agrees, and will confirm this in court, she should not delude herself. You cannot relax and not prepare for the trial. The plaintiff's unreasonable position in cases of this category is doomed to failure, even if the defendant agrees with it. We need to find real reasons and collect all the necessary evidence. Then the matter will be decided in your favor.

What documents are needed to deprive a father of parental rights?

The basis of the articles of the Family Legislation of the Russian Federation is the protection of the rights and respect for the interests of all members of the Russian family. The child’s parents or persons officially being them are responsible for the upbringing and financial support of minors.

Not everyone treats this responsibly. Therefore, such a legal procedure has arisen, as a result of which one or both parents may lose the right to children.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

It's fast and free!

What does deprivation of parental rights mean?

Article 47 of the RF IC gives equal parental rights to both parents of a minor until his eighteenth birthday. Parents of a minor citizen have the right to protect the interests of their children in any instance, including the courts. They can control all relationships between children and legal entities or individuals.

The primary responsibility of every parent is to provide for the needs of the minor. They should not use dictatorial methods of education that negatively affect the psyche and physical condition of the child.

Both spouses should be involved in the upbringing and education of younger family members. If they disagree in resolving issues, the court or representatives of social protection authorities come to the rescue.

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

Deprivation of rights is possible exclusively and only (and always) through the court. The father's consent is not required for this: it will not affect the court's decision in any way. First, make inquiries to various authorities and prepare an evidence base. Then draw up a claim and file a lawsuit at your father’s place of residence.

How to deprive the child’s father of legal parental rights without his consent if his place of residence is unknown? We must take action and try to find him.

If your attempts are unsuccessful, you may file your claim at the defendant's (or others') last known address. If you file demands for deprivation of paternity along with demands for alimony, such a case will be considered at your place of residence.

Reasons for deprivation of rights to a child

Article 69 C K specifies the reasons for deprivation of parental rights:

The father’s failure to comply with his duties, including the lack of communication between older and younger family members for more than six months.
Failure to comply with deadlines for payment of alimony payments (failure to pay within 2 months is considered malicious).
Abuse of one's position as a parent: preventing a spouse from communicating with a child, or inducing a minor to engage in prostitution or begging.
Leaving your own child in a maternity hospital, educational or medical institution.
Cruelty in the treatment of a minor: violence, psychological or physical pressure, including sexual harassment.
The presence of diseases as a result of the use of drugs and alcohol.
Leading an antisocial lifestyle, abuse of bad habits.
Conviction for an intentional crime involving the deprivation of health or life.

The deprivation procedure is complex and requires evidence. Often, any one reason is not enough to admit the guilt of a parent.

The court may impose restrictions on parental rights if the perpetrator does not have the opportunity to be held accountable for his actions.

For example, a father could not communicate with his son because he was in prison. Or, due to a chronic illness that did not arise from the use of alcohol and drugs, the father is unable to support and raise his young child.

Why can a father be deprived of his legal parental rights?

The sixty-ninth article of the Family Code contains a list of grounds for deprivation of paternity. It cannot be supplemented, but you need to know how to correctly interpret this or that legal formulation. Usually such clarifications are found in the resolutions of the plenum of the Supreme Court. If, after reading it, it seems to you that none of the grounds are suitable for your situation, do not rush to draw conclusions. In this matter, it is better to consult with a professional lawyer.

Why can a father’s legal parental rights be deprived? It could be:

unwillingness to support the child financially;
evasion of payment of court-ordered alimony for six months or longer;
lack of concern for physical, spiritual development, and learning;
unreasonable refusal to pick up a child from kindergarten, school, hospital, maternity hospital, or other similar institutions;
abuse of rights when decisions regarding a child are made to his detriment (for example, when disposing of children’s property);
inducing a child to commit crimes (theft, prostitution, begging, pornography, etc.);
violation of his sexual integrity;
inclination to drink alcohol, use drugs;
cruel treatment: beatings, bullying, constant insults, exploitation, rough treatment, any humiliation of dignity, neglect, etc. All of the above methods must pose a threat to the mental or physical health of the baby;
chronic alcoholism, drug addiction;
committing crimes against a second spouse or child that threaten their life or health.

You can read more about the interpretation of the grounds listed above and what documents need to be confirmed in the section – Grounds for depriving parental rights.

Who has the right to file documents for deprivation of rights

Article 70 of the Family Law establishes the judicial procedure for depriving parents of rights.

To begin this procedure, a statement from the plaintiff is required. It may be written:

One parent of the child.
Prosecutor.
A person who has the status of a parent, for example, a stepfather.
An employee of an institution that protects the rights of young children.

The initiators of a lawsuit cannot be the relatives of a minor, if they do not have the rights to raise him. For example, the grandmother of a minor.

Reference! The decision is made by the court only with the participation of the prosecutor and social security officials in the process.

This is important to know: Statement of claim for restriction of parental rights: sample

Simultaneously with the deprivation of parental rights, alimony is awarded for the financial support of the child. If, as a result of the trial, any criminal actions of the defendants are revealed, the prosecutor is notified about this.

An extract with the court decision is sent to the registry office where the birth of the child was registered within three days.

How can one deprive a father of his legal parental rights?

The procedure for depriving paternity is described above; read about the reasons below. Now let's look at this point: when to deprive paternity, before divorce or after? Your legal relationship with your husband does not in any way affect his relationship with his child. Therefore, the issue of deprivation of rights is resolved regardless of whether you are divorced or officially still married. The only difference will be that in the event of a divorce, you must attach a copy of the divorce certificate to the statement of claim.

How can you deprive your father of parental rights after a divorce? Through the court, according to general principles. When you divorced, he was no longer your husband. However, he has not ceased to be a father: he still has rights and responsibilities in relation to children together. The fact that he may not live with you should not affect the father's desire to spend time with the child and be involved in his upbringing. A good father will continue to visit and communicate with the child in any way possible. And if he doesn’t need the child, he will justify his indifference by saying that he moved. If the father does not live with you, file a claim at his new place of residence.

List of documents for the case of deprivation of parental rights

Reference! When filing a claim, do not forget about documentary evidence of the defendant’s guilt.

The collection of documents must be done together with a lawyer. Despite the fact that the composition of the package is individual, it must be replenished:

The applicant's identity card.
Certificate of registration of parents' marriage or its dissolution.
A certificate confirming the birth of a minor.;
Certificate of the place of registration of the child.
Documents confirming the immoral actions of the defendant (any information).
Certificates from bailiffs and bailiffs regarding the payment of alimony.
Testimony of witnesses about improper care of a young child.
Certificate of poor living conditions of the minor, issued by social protection authorities.
Documents confirming the defendant’s registration with drug treatment or any other registration.

Important! If there are samples of documents for legal proceedings on deprivation of parental rights of spouses: father or mother, the provided copies must be notarized.

Deprive a father of parental rights: where to start?

The first and one of the most significant stages is pre-trial preparation. First, you must contact all possible authorities to collect evidence. Let's figure out where to go in each specific case and what documents you should receive.

If your spouse committed a crime, you need to go to court for a copy of the court verdict. It will indicate the elements of the crime, what harm was caused, and also present evidence of the defendant’s guilt.

You can contact law enforcement agencies and request copies of decisions on administrative offenses committed by spouses. Take a certificate of all police calls to your home. You can try to get a description of your spouse’s personality from the district police officer.

If you need a certificate of alimony debt, contact the bailiffs where your enforcement proceedings are open. From them you can additionally receive copies of documents about the administrative fine for evading payment, and even about criminal liability.

Contact all possible authorities so that the court can see the personality characteristics of your spouse not only from your words. Take testimony from teachers, educators, neighbors, references from several places of work, etc.

One of the most important steps is to obtain support from the guardianship authorities. To do this, write a statement requesting an inspection. They examine the child’s living conditions, find out what kind of relationship the parents have with the child, the financial status of family members and their ability to support the child, etc. In their conclusion, the guardianship authorities can confirm that the child’s continued residence with the father poses a real threat. Then the court will decide to evict the father without providing him with living space.

Correctly drafting a statement of claim

The statement of claim must contain the following information:

about the name of the court;
about personal data with the surname, name and patronymic of the plaintiff, his place of residence (or data of the plaintiff’s representative);
about personal data with the surname, name and patronymic of the defendant, his place of residence;
about the plaintiff’s demands, about violations of his rights and interests;
with evidence of the plaintiff's claims;
with a list of documents provided.

Important! The legal representative of the plaintiff must justify the inability of the plaintiff himself to protect his interests. For example, if the plaintiff is a minor citizen.

A special feature of filing a claim is the need to pay a state fee.