How to deprive your ex-husband of parental rights

Author of the article: Roman Gavrilov Last modified: January 2020 36714

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.

Expert commentary

Gorchakov Vladimir

Lawyer

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.

In what cases can you deprive your ex-husband of parental rights?

Family legislation provides for a specific list of situations in which a woman has the right to deprive her ex-husband of parental rights (Article 69 of the RF IC). Let's look at those that apply to the child's father.

Avoidance of parental responsibilities

A father’s evasion of his duties is understood as a refusal to participate in the child’s life. For example, he has been avoiding meeting with children for more than six months without good reason. Also, rights can be deprived on this basis for non-payment of alimony.

To confirm these circumstances, the mother will need to obtain a document from the bailiff service and invite independent witnesses who will confirm that the man does not communicate with his former family. It may be necessary to launch a spouse search procedure.

Abuse of paternal rights

Abuse of parental rights is harm to a child or neglect of his interests. Misconduct may take the following forms:

Obstruction in attending school;
Introducing a minor to drugs or alcohol;
Refusal to other relatives to communicate with the child;
Involving a minor in theft or prostitution.

You should know! In a number of cases, the father may be prosecuted under Article 240 of the Criminal Code of the Russian Federation for engaging in prostitution or under Article 230 of the Criminal Code of the Russian Federation for introducing a child to the use of psychotropic substances.

Child abuse

Particular attention is paid to child abuse. Thus, the mother has the right to apply for deprivation of parental rights if the father commits mental or physical violence or encroaches on the sexual integrity of the children.

Important! As evidence of violence, the court will need to provide a report from a traffic police inspector, a reference from a psychiatrist, a doctor’s report, and testimony from the guardianship authorities.

Alcoholism or drug addiction

A fairly common situation is when the father suffers from chronic alcoholism or drug addiction . A man can be deprived of parental rights on this basis, regardless of whether he is recognized as having limited legal capacity or not.

The fact of the disease must be confirmed by relevant medical documents. For example, a certificate from a drug treatment clinic stating that the person is registered. You may also need reports from inspectors, character references about the father, and testimony from witnesses.

Committing a criminal act against a child or his mother

The greatest danger is when the father commits a deliberate crime against the life and health of the children, as well as their mother. To deprive a former parent of rights in relation to minors, it will be necessary to initiate a criminal case and wait for a court verdict.

We must remember! It happens that a man receives a criminal record for theft, fraud, or committing other crimes not related to an attack on the life and health of children and their mother. In this case, if the father pays alimony in good faith, his parental rights cannot be deprived.

Arguments against a negligent father

It is important for the initiator of depriving the father of his powers (in this case, the child’s mother) to carefully prepare to prove the above circumstances. To do this, you will have to collect a lot of documents that in one way or another confirm the arguments presented in court.

Here are the main ones with recommendations on possible ways of confirmation:

Improper performance of parental responsibilities by the father:
non-participation in education;
failure to provide assistance in delivering a child to a kindergarten, school, clinic can be confirmed by relevant certificates from the listed institutions (employees see that the child is always taken by the mother, grandmother, new husband, etc.), testimony (neighbors, acquaintances);

A husband’s malicious evasion of paying alimony can be expressed in the following intentional actions:
concealing one’s income, property or part thereof from the bailiff;
provision to the executive service of forged documents, certificates containing deliberately false information about wages or other types of income;
concealment of one’s place of residence: failure to notify of a change of residence or leaving a deliberately false address;
concealment of a new place of work;
refusal of employment with full working capacity.

All of the above circumstances can be documented by applying for the appropriate certificate from the bailiff. It is often practiced to call the performer to testify in court proceedings; the mother can independently petition the judge about this;

Abuse of parental authority can be expressed in the form of:
preventing a child from traveling abroad;
coercion or inducement to beg or steal;
involvement in prostitution;
promoting the child's use of alcohol or drugs.

Since most of the listed acts are of a criminal nature, you can submit the relevant documentary evidence to the court by first applying for a certificate from the Investigative Committee, the Ministry of Internal Affairs or the court for a copy of the verdict. Indisputable evidence of a negligent parent’s obstruction of a child’s education can be a certificate from the relevant educational institution and the testimony of teachers, neighbors, acquaintances, and friends of the child.

Cruel treatment of a child can be confirmed both by witness testimony and relevant documents from the police and court. Even documents about causing harm to other family members (certificates from the emergency room, about calling the police, sick leave certificates) will speak in favor of the mother;
The chronic dependence of the child’s father on alcohol or drugs will be confirmed by a certificate from a psycho-neurological dispensary confirming that he is registered accordingly;
For a copy of the court verdict on the father committing a crime against the health or life of children or other family members, the mother can apply to the court that issued it, independently or through the guardianship authorities.

Where should I go to deprive my ex-spouse of parental rights without his consent?

The issue of depriving one of the parents of rights in relation to a child can only be resolved in court . The woman must file a claim in court and submit documents substantiating one of the grounds listed above.

Which court should I go to?

Disputes about parental rights in relation to children are considered by district and city courts . If the claim is filed by mistake with the magistrate, the documents will be returned to the applicant with recommendations to apply to the court according to jurisdiction.

When choosing a court, one should be guided by the territorial principle. The claim is sent to the government department located at the place of official registration or residence of the father of the children. If, simultaneously with the deprivation of rights, a claim for alimony payment is made against a minor, the documents can be submitted at the mother’s place of residence.

What documents need to be prepared?

To substantiate his position, the plaintiff must prepare an evidence base. The list of documentation includes:

Certificate of registration of marriage and divorce;
A document confirming the fact of establishing paternity;
Certificate of registration of the fact of birth of a minor;
Court order for alimony payments;
An extract from the bailiffs about the amount of alimony debt;
Medical certificate confirming the presence of alcohol or drug addiction;
Documents for housing;
Information from the house register;
Court verdict against father;
Other.

If necessary, witnesses, psychologists, and teaching staff may be invited to the court hearing.

How to file a claim?

Based on the prepared documentation package, a statement of claim is drawn up. When filling out a claim, you should be guided by the requirements of Articles 131-132 of the Code of Civil Procedure of the Russian Federation. The application contains the required information:

Name of the court according to jurisdiction;
Information about the plaintiff and defendant (full name, contacts, residential address, relationship with the child);
Information about the minor (full name, year of birth);
Data on divorce between parents;
What is the father's illegal behavior?
How the interests of the child are violated;
Request for deprivation of parental rights;
List of applications;
Date and signature.

The application is drawn up in the number of copies required to be served on the defendant and sent to the court.

We must remember! Guardianship authorities and the prosecutor, who have the status of third parties, may be involved in the case. One copy of the claim is also sent to them.

The completed package of documents is submitted through the court office. If the plaintiff does not have the opportunity to visit the department, the claim may be sent by registered mail.

Features of the case in court

After the application is received by the court, the issue of its acceptance for proceedings is decided. A notice is sent to the defendant and other persons with the date and time of the trial. The father is asked to provide evidence that he is fulfilling his parental responsibilities properly.

During the proceedings, the assistance of the guardianship authorities may be required, which will characterize the ex-husband and make a conclusion about his ability to fulfill his duties in relation to the minor.

The basis for removing the father from education is a court decision, which is made at the last hearing.

The procedure for taking away rights to a child

The process of depriving a father of parental rights for the initiating party consists of the following stages:

Contacting the guardianship authorities - there the mother will be able to obtain information about the required documents, assistance in collecting evidence of the child’s father’s negligence, and drawing up a statement of claim;
The stage of preparing evidence includes collecting the above information, compiling a list of witnesses to be called to the court hearing, planning the line of evidence;
Preparation of documents certifying the facts of relationship between father and child, marriage and divorce between spouses (the relevant certificates are presented to the court in the form of a copy with the original or a notarized photocopy);
Drawing up and filing a statement of claim: a claim is filed with the territorial division of the court at the place of residence of the responding party;
photocopies of it according to the number of participants in the case are attached to the claim;
All written evidence is attached to the application;
the application can be submitted at an appointment with a judge, at the court office, or by post;
filing a claim for deprivation of parental rights is not subject to state duty;

The court hearing itself, in which all the evidence will be presented, the arguments of the parties will be heard and a court decision will be made;

Registration of documents in the civil registry office after a court verdict. The court decision is sent to the civil registry office within three days, where the necessary changes are made in the civil registration book, and a new birth certificate is issued.

Judicial practice on issues of deprivation of parental rights

The main grounds for deprivation of parental rights are disclosed in Resolution of the Plenum of the Armed Forces of the Russian Federation dated November 14, 2017 No. 44, dedicated to the resolution of disputes related to the protection of the rights and legitimate interests of children. When making decisions, courts are guided by the position of the highest authority.

An example from judicial practice. Stepanova I.A. went to court to deprive Stepanov N.N. parental rights in relation to the daughter due to the fact that the father maliciously evades paying child support. Due to failure to fulfill alimony obligations, a criminal case was initiated against him under Part 1 of Article 157 of the Criminal Code of the Russian Federation. According to a certificate submitted from the school, the administration knows Stepanova I.A. as the sole legal representative of the minor. In accordance with the conclusion of the OSZN, the mother independently provides for her daughter, the defendant has a large alimony arrears. Based on the materials presented, the court considered it appropriate to deprive Stepanov N.N. parental rights (Appeal ruling Appeal ruling of the Moscow City Court dated April 26, 2016 in case No. 33-10592/2016).

Why does the mother of a child want to deprive his father of parental rights?

Before you start looking for information on how to deprive your ex-husband of parental rights, it is necessary for the mother of a minor to decide for herself how important the presence of the father is for the baby and whether she is really guided by the interests of the child. If this happens only to annoy your ex-husband, then you should first calm down and then think it over.

The procedure for depriving a child’s father of parental rights is quite complex, and in the future this can significantly affect the child’s life. The biological father will not be able to see and communicate with the minor, as well as take part in his upbringing. On the other hand, this step has its advantages for mother and child:

there is no need to ask your father’s permission to travel abroad;
the citizen will be obliged to continue to pay alimony;
the father’s consent will not be required to change the child’s surname if the mother marries again;
if the child lived with his father, and the mother and child have nowhere to go, then he may be evicted from his home;
a father deprived of parental rights will not be able to count on financial assistance from the child in the future.

To initiate this procedure, it is necessary to ensure in advance that there are certain grounds and evidence confirming the validity and legality of the demands of the mother of a minor.

What consequences may occur for the father?

Deprivation of rights in relation to a child entails legal consequences. The following restrictions are imposed on the father:

Loss of the right to participate in the upbringing of a minor;
Deprivation of the right to communicate with children;
Cancellation of tax and labor benefits;
Termination of payment of child benefits;
Loss of the right to inherit property of children;
Eviction from the living space where a minor lives.

At the same time, the former spouse is not released from alimony obligations. If he has arrears in paying maintenance for a minor, and it can be forcibly collected from him.

Features of cases of deprivation of rights to a child

We list the important features of the procedure for taking away parental rights that both parties to the dispute need to know:

The loss of parental authority does not give the father an exemption from fulfilling the obligation to provide financial support for his child. Therefore, if necessary (if alimony has not yet been collected), such a demand can be submitted simultaneously with the main one;
In parallel with the claim for deprivation of parental rights, a demand for divorce may also be filed;
The prosecutor's office or guardianship authorities can file a claim to deprive a parent of his powers if the child's mother is absent or, due to circumstances beyond her control, cannot exercise this right;
For the category of cases under consideration, the presence of representatives of the guardianship authorities and the prosecutor's office at the meeting is mandatory;
The judge has the right to interview a child who has reached the age of ten (a teacher or child psychologist must be present during the interview) on the merits of the mother’s demands;
The father’s voluntary renunciation of his rights in relation to the child will greatly help to facilitate the process of proof for the party initiating the case, although it does not entail automatic deprivation;
If the location of the defendant has not been established, at the request of the initiating party, a search for him is announced, but this does not prevent the “absentee” removal of rights in relation to the child if the evidence base is sufficient;
The only grounds for taking away rights in relation to children are the intentional actions of the parent - if the father does not fulfill his parental duty due to mental illness or disability, the judge will refuse to satisfy such a requirement.

Parental rights from a legal point of view

Let's not reinvent the wheel here. We open everyone’s favorite Wikipedia and read:

“Parental rights are the civil rights of a person acquired simultaneously with the assumption of responsibilities for the upbringing and maintenance of a child.”

Simply put, if you are the biological parent of a child or have adopted him, then parental rights are given to you in full compliance with all legally established norms of legislation - and their implementation occurs in close connection with your performance of the responsibilities necessary for the full upbringing and maintenance of the child.