Deprivation of paternity at the place of residence. What evidence should be presented in court? Video: deprivation of parental rights

Parents have enough a large number of responsibilities towards their children. But they do not always fulfill them. That is why the Family Code provides a list of reasons on the basis of which judicial order father is deprived parental rights.

Basic moments

Today, it is quite difficult to deprive the parental rights of the father of a child. This procedure takes a lot of time and has many serious legal consequences. That is why it is necessary to initiate its implementation only in really serious cases.

At the same time, it must be remembered that to deprive ex-husband parental rights can be done in two ways:

1. With his consent.
2. Through the court.

The procedure under consideration in the first case takes minimal amount time, but still has a large number of nuances. In addition, the father has the right to withdraw the application for deprivation of parental rights at any time.

This may result in a stay of the trial. The rules of deprivation do not allow the implementation of the procedure without sufficiently serious grounds.

At the same time, parental rights can be taken away from the parent through the court. At the same time, consent is not required, only the presence of really serious grounds for the implementation of this procedure is necessary.

All reasons for termination of parental rights are listed in detail in Russian Federation.

This list includes the following:

• the parent is recognized as a malicious evader from fulfilling his immediate duties - raising a child, paying alimony, voluntary material support;
• in the absence of good reasons refuses to take his child from medical institution or educational;
• abuses his parental rights;
• established fact abuse with children - there is a place to be psychological or physical abuse of a person;
• the parent is registered with the PND - is a chronic alcoholic or has a drug addiction;
• an intentional crime was committed against the life or health of a spouse or child.

Moreover, in the latter case, it is not at all necessary to commit a crime against one's relatives, the very fact of bringing to criminal liability under the relevant article of the Criminal Code of the Russian Federation is sufficient. IN this case the procedure for deprivation is simplified as much as possible.

What it is

Deprivation of paternity is an act of great legal significance whereby a parent loses all rights over his or her child.

In most cases, deprivation of parental rights is some kind of sanction. It is a kind of punishment for an asocial lifestyle or a refusal to fulfill one's duties in relation to one's own child.

Legal consequences are understood as the impossibility of a parent to make any demands in relation to his child - including the payment of alimony in old age.

At the same time, deprivation of paternity by no means frees from obligations to one's child. The parent will still have to pay child support.

But at the same time, he does not have the right:

1. Be interested in the success of the child in school, his health.
2. Participate in every possible way in his life, upbringing, development.
3. Look for reasons to meet.
4. Forbid him something - travel abroad or otherwise.

A special case is deprivation of paternity in favor of someone. Since sometimes it happens that after a woman finds a man who not only becomes her husband, but also wants to adopt her child.

To complete this procedure, it is necessary to have the consent of the physiological father to the deprivation of parental rights, or sufficiently serious grounds for the completion of this procedure in court.

Who can apply

To date, the following have the right to apply for deprivation of paternity:

• bodies social protection, guardianship;
• the child's mother or other close blood relatives;
• trustees;
• legal representatives of the child or mother.

It is equally important to find out where to submit all the necessary documents for deprivation of paternity. To date, only district courts have sufficient authority to resolve issues of this type.

Many people think that by contacting the registry office or the world court, you can also deprive the father of parental rights - this is a very common misconception.

So, the registry office itself is carried out only the actual registration of civil status individual. But he has no right to change it.

However, in the process of deprivation of parental rights, both parents will most likely have to contact this institution.

If for some reason the mother cannot or does not want to file an application with the district court on her own, then this can be done for her social service. It is only necessary to apply with a corresponding request to these authorities.

It is also allowed to issue a special notarized in the name of another individual. In such a case, it will have the right to file statement of claim to the court for deprivation of paternity on behalf of the mother of the child.

The paternity process

Deprivation of paternity is a rather complicated and time-consuming process. But the most important thing is to first figure out where to start implementing it.

To do this, you should familiarize yourself with the following important issues in as much detail as possible:

1. Why is the process necessary?
2. What does that require.

At the same time, it is important to remember that illegal deprivation of paternity is subject to jurisdiction, the procedure for depriving parental rights is carried out in the following order:

Video: deprivation of parental rights

Why is the process necessary?

The procedure of the type in question is usually carried out for the following purpose:

At the same time, it should be remembered that the father loses the right to inherit his property for the child in the case of the latter. But at the same time, the child of the deceased parent continues to be the first category.

This moment must be taken into account when drawing up, as well as other actions affecting the division of property after death.

What does that require

In order to deprive the father of parental rights to his child, you will need to submit the following package of documents to the court:

• the child himself;
• - if the child for some reason was born all marriages;
• - a single housing document (confirms the residence of the child with the mother);
• (deprivation of paternity - legally important action, therefore, the presence of a receipt is strictly required);
• , confirming the income of the parent;
• written evidence of the existence of reasons for deprivation of paternity;
• from medical, educational institutions.

If the father agrees to the deprivation of parental rights, without fail attach to the list of documents his written consent - it must be mandatory certified by a notary.

The court checks the fact of his withdrawal. Since the parent has the full right to cancel the validity of this document at any time, but only before the start of the court session.

It is also required to file a properly executed claim. Its presence is mandatory, and you must follow the rules for filling it out.

It must contain a complete list of all documents attached to the application itself. It is important to pay attention to the date of compilation.

It must necessarily coincide with the date of filing with the court office. Otherwise, court employees have the right to refuse to accept documents for consideration.

FAQ

The procedure for deprivation of paternity is quite complicated and has a large number of very different nuances. That is why a large number of various questions arise about it.

The most difficult and frequently asked are the following:

Example from jurisprudence

A statement of claim was filed with the Presnensky Court of the City of Moscow from the mother “data seized” to deprive the parental rights of the father “data seized”.

According to the documents attached to the application, the defendant violated the rights of the child in every possible way, did not engage in upbringing, from paying alimony, used drugs.

All of the above reasons are documented. Therefore, the Presnensky Court of the City of Moscow decided to deprive the father of "data taken" of parental rights. Decision in case No. 2-1101/2015~M-9242/2014.

The legislative framework

Before applying to the court with the relevant application, it is mandatory to familiarize yourself with the legislative framework:

The procedure for depriving parental rights is quite complicated and has many different kinds of nuances. Therefore, it should be possible to study judicial practice and legal framework, consult a lawyer.

The procedure for deprivation of parental rights is very thoroughly specified in the Family Code. Deprivation of parental rights is the most extreme measure applied to negligent parents. Such a decision can only be made by the court on the basis of a statement from one of the parents, guardianship authorities, a prosecutor, etc. However, there are precedents when this decision was made on the basis of a child's statement.

Such applications are submitted and executed through the persons exercising temporary custody of the child, until a decision is made to deprive his biological parents of the rights to him. Since, according to the law, the father and mother have the same rights and obligations in relation to children, the reasons for depriving them of these rights are similar. That is, you can lose paternity for exactly the same violations, for which they are deprived of motherhood.

The grounds for the adoption by the court of a decision on the deprivation of parental rights are prescribed in the relevant laws. According to the decree Supreme Court, such a sanction may be applied in the event of:

• if the parent does not fulfill the obligations in relation to the child;
• with systematic evasion of the payment of alimony;
• child abuse;
• committing a criminal offense against a child or second parent;
• chronic alcoholism or drug addiction.

According to Russian legislation, both the biological mother and father and the persons who have adopted the child can be subject to deprivation of parental rights (a decision is made to cancel the adoption).

The concept of paternity

It is no secret that fathers are most often subject to sanctions. There are several reasons. The most important, perhaps, is that the bond between mother and child is stronger than between him and his father. More often, it is the mother who bears the entire burden of caring for children, especially for minors. Fathers are much more likely to show indifference and even aggression to their children than mothers. That's why litigation regarding the deprivation of paternity is much more than regarding the deprivation of motherhood.

Only a person who is officially the father of a child can deprive him of paternity. This fact is usually established when registering a child with the registry office. To do this, the father must appear at the registry office together with the mother of the newborn and confirm the fact of paternity in writing. At the same time, it should be noted that for this it is not at all necessary to be a biological father - a citizen who is not his father in fact can register a newborn “in his own name”. However, it is desirable to agree biological father, because otherwise he has the right to challenge this entry in the "paternity" column in court.

The paternity process

The process of deprivation of paternity is quite complicated. This is due to the fact that this procedure is in most cases irreversible. The exception is if the disenfranchised father radically changes his lifestyle and expresses an ardent desire to regain his rights. To deprive paternity, you need to collect all the necessary evidence base. That is, go through the procedure for collecting all the necessary certificates, testimonies and similar materials that may, in the eyes of the judge, be a confirmation of your position.

Article 69 of the RF IC

Let us cite Article 69, which contains a list of reasons for deprivation of paternity (maternity), with the necessary comments. Only if the actions of the parent fall under the descriptions below, can the question of deprivation of paternity be raised in court:

1. Evasion parental responsibilities. Full list obligations are given in the same Family Code, and evasion of any of them can already serve as a reason for deprivation of paternity. At the same time, it should be borne in mind that unintentional actions will not be considered “avoidance”, for example, if the father, due to disability or illness, is unable to financially provide the child with everything necessary - food, clothing, school supplies, etc.
2. Leaving a child in a medical, educational, social institution without good reason, as a rule, this refers to cases where the child is left in maternity hospital. True, in this case it is impossible to officially deprive someone of parental rights, since the child has not yet been officially registered with the registry office, and he has no parents according to the documents. This provision can be interpreted rather as a reason for refusing to register parental rights to the child in the maternity hospital for biological parents who abandoned the child in the future. And directly this item can refer to cases when parents refuse to take the child home from kindergarten, hospitals, sanatoriums, etc. At the same time, without providing any intelligible explanation for their actions or directly indicating that they no longer need the child.
3. Abuse of parental rights. In this case, it means forcing the child to do some unlawful or immoral actions. Example: a child is used for personal gain, that is, forced into prostitution, begging, stealing. Or the parent (parents) induces the child to use alcohol, drugs, sexual activities. This item family code goes already in a complex with the corresponding criminal article. For example, if the parent is proven guilty under the criminal article “involvement in prostitution”, the deprivation of parental rights under the RF IC occurs automatically at the request of the prosecutor's office.
4. Cruel treatment. The most common, unfortunately, the reason for deprivation of paternity. Beating a child, moral humiliation of his dignity, violent acts of a sexual nature - all this is included in the concept of "cruel treatment" and is also qualified by the Criminal Code.
5. Chronic alcoholism or drug addiction. This can be a reason for deprivation if the child is not given enough attention due to these diseases. For example, an alcoholic father does not allocate funds for the maintenance of a child or does not participate in his upbringing.

All other reasons that are not included in the above list cannot serve as a reason for the court to deprive paternity.

Collection of evidence base

To make a positive decision, the first thing you will need to do is win the court over to your side. This is possible only if there is an appropriate evidence base, including relevant certificates and documents. At the same time, the documents must confirm exactly the provisions on which you rely, demanding the deprivation of the second parent of paternity. These can be certificates from the emergency room, from bailiffs, educational institutions, etc.

Often get your hands on many necessary certificates and documents are sometimes impossible, say, from the internal affairs bodies, the department for the execution of sentences, etc. In this case, an application is submitted for the court to demand certificates - this will be possible if the judge decides that the presence of these documents will help in resolving the issue.

Statement of claim

The next step is to file a lawsuit. You need to state your position very clearly, concisely and preferably in detail (without any "lyrical digressions"). The claim must be based on the relevant legal norms, which are indicated in it. Describe in detail the facts and the current situation in the context of the article, based on which you demand deprivation of paternity. Suppose, if under the item on evading payment of alimony, then a certificate from the bailiff service about the debt at the moment will be required.

You can file a claim either directly in court, through the office (expedition), or by registered mail, with all related documentation attached. To speed up the whole process, you can bring the claim in person to the judge during his office hours. This will also allow you to discuss with him some of the nuances of the case, get advice from him to supplement the claim with one or another document to confirm your words. In addition, this will set emotional contact with the judge, morally win him over.

More and more often, women are thinking about how to deprive their ex-husband of paternity. IN real life former spouses often try to annoy their wives in one way or another. They can not pay alimony, threaten, turn children against their mother, take a child to their place for the weekend, but at the same time leave him with grandparents, and so on. Everything so that the ex-wife could not live in peace. In some cases, deprivation of paternity is a measure to help protect the minor. You must always remember how to bring the idea to life. Below we will tell you all about how to deprive an ex-husband of paternity. What are the consequences of such an act?

Paternity and parental rights

IN modern Russia there are several different terms - deprivation and paternity. The second case often has no legal force. According to the current legislation, a parent, if he is a native (biological), cannot refuse paternity or motherhood. This is the peculiarity of the procedure.

Therefore, often under the deprivation of paternity is meant the 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 be done only through the court and under certain circumstances.

Reasons for disqualification

In fact, there are a lot of reasons for bringing ideas to life. But in Russia there are a number of the most common situations. What is it about?

What could be the circumstances? How to terminate paternity of an ex-husband? You need to go to court if:

• the spouse has a large debt for alimony;
• the man leads;
• the ex-husband suffers from certain addictions;
• a person does not fulfill parental responsibilities;
• former spouse abuses children, uses violence (including psychological);
• ex-husband abuses his parental position.

These are the most common situations in which the court will side with the mother. After all, in order to save the ex-spouse from the rights of a parent, it is necessary good reason. This is a pretty big step.

Circumstances

It is hard to believe, but even some circumstances that occur in real life can give the mother of the child 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, former spouses forbid children to leave or move outside the Russian Federation with their mothers.
2. Care for disabled parents. Under current law, children are required to care for parents who are needy and disabled. But only on condition that they were not deprived of parental rights.
3. The entry of a woman into new marriage followed by the adoption of a child. To bring the idea to life, the consent of the biological father of the baby is necessary. It's about only about adoption. This cannot be done without the consent of the former spouse.

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

Beginning the process

In reality, bringing the 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 face it.

Important: Both the mother and the father of the child can start the procedure for depriving a parent.

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

In the guardianship authorities, the applicant will be given a paper with a list of documents necessary for the further resolution of the task.

Where to file a claim

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

The following scenarios are possible here:

1. The district court at the registration of the defendant (in our case, the father of the child) - if only the deprivation of the rights of the parent is planned.
2. Courts of the district type 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 the mother wants to simply deprive the parental rights of her ex-spouse, she needs to go to court at the registration of her husband. If you need to additionally assign child support (sometimes for yourself as well), you need to find out the place of residence of the spouse and file a claim with the appropriate authority.

Documents for deprivation

How can you terminate paternity of an ex-husband? If this is a balanced decision that has reasons, it is necessary to collect a certain package of papers. It will be written on a sheet issued by the guardianship authority.

Most often, the following papers are included in the package of documents for deprivation of parental rights:

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

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

Claim rules

To begin with, it is worth understanding the basics of the established form. Thinking about how to deprive her ex-husband of paternity, a woman must not only collect documents, but also correctly write a lawsuit. Otherwise, it will not be considered.

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 mother of the child;
• the statement of claim indicates the reasons for the request;
• filing a claim requires compliance with generally accepted rules for conducting business correspondence;
• request will only be accepted if complete package documents (we have already talked about it);
• it is important to observe the structure of the claim: heading, title, clarification, main part, conclusion;
• The claim must be signed by the plaintiff.

Perhaps that's all. In fact, at right approach to solve the problem, answering the question of how to deprive an ex-husband of parental rights is not difficult.

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

How to terminate paternity of an ex-husband? The advice given by lawyers 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 mother to take certificates about her state of health. We are talking about contacting a psychiatrist and a narcologist. By the way, similar documents it is better to have a spouse-respondent. 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 take into account the evidence. Accordingly, the more people (neighbors, relatives, and so on) can confirm this or that behavior of the former spouse, the higher the probability of successful completion of the operation.

It is better to stock up on certificates of the spouse's income, as well as a description of his place of residence. If it is possible to prove that the husband has neither the means nor the conditions for the performance of parental duties, he can be deprived of the rights to the child.

Consequences

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

For example, you should pay attention to the fact that:

• the parent deprived of parental rights will not be able to take part in the life of the child;
• parents deprived of paternity/maternity lose the right to inherit the property of the child;
• the child will still be considered the heir of the former spouse of his mother;
• 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 the parent, deprived of their rights, in old age.

Also, courts usually do not allow adoption while the person is deprived of parental rights. At proper preparation it will be quite easy to cope with the task.

Conclusion

We found out how you can deprive the parental rights of an ex-spouse. Step by step, this procedure looks like this:

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

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

According to the provisions of the Family Code of the Russian Federation (SC), members of the same family are endowed with legal and civil rights in relation to each other, and also have responsibilities. In case of non-fulfillment by the parent of the latter, a procedure for deprivation of paternity is carried out, that is, restrictions on his communication with the child. The grounds for such a legal action are set out in Article 69 of the UK. Consider how to deprive an official or civil husband of paternity and what should be done to achieve a positive court decision.

The essence of the procedure for deprivation of paternity

Deprivation of rights is a legal operation in which the father voluntarily or forcibly loses the legal opportunity to influence the life of the child. At the same time, this person remains obliged to participate in the financial maintenance of it.

A strict ban is imposed on such actions in relation to the offspring:

1. Taking part in his life, in particular, organizing a meeting without the consent of the mother.
2. Show interest in his well-being, successes and failures, trips and the like.
3. To take legal actions concerning a minor, for example, to prohibit departure.

The legal grounds for deprivation of paternity are set out in the UK (Article 69). These included:

• non-fulfillment of legally approved obligations, including the provision of financial support;
• unwillingness to take public institution where the baby is kept, including from the hospital;
• manifestation of cruelty to children:
  • committing acts that cause moral and physical harm;
  • sexual assault;
• abuse of narcotic and alcohol-containing substances;
• a criminal act causing harm to the life (health) of family members.

Important: on the basis of Article 70 of the UK, the parent is deprived of their rights in court. However, there is a possibility in a notarial form.

An application for deprivation of paternity is submitted:

• mother or other blood relative child;
• trustee;
• a citizen representing a minor or incapacitated mother;
• guardian body.

Important: such cases are considered by the district (city) court (Article 23 of the Code of Civil Procedure of the Russian Federation).

The paternity process

To cancel the rights of a parent, the spouse must file a statement of claim. This document must contain a detailed justification of the requirement, have an evidence base. As a rule, it is difficult to file a claim on your own. It is advisable to contact a specialist, and if it is impossible to rely on a sample. Its study will allow you to understand what documents are needed to deprive paternity in a particular situation.

• evidence that the father is not interested in the life of the child;
• information about the living conditions of the plaintiff and the defendant;
• certificate of drug or alcohol addiction father;
• Information from the Bailiff Service:
  • about the amount of debt on alimony;
  • on malicious (more than six months) non-payment of maintenance amounts;
  • on the search for the defendant;
  • about other coercive measures taken on legal grounds;
• video evidence of child abuse;
• information from a medical institution about beatings or an attempt on sexual integrity;
• testimony of witnesses.

Important: in order to monitor the observance of children's rights, representatives of the guardianship authorities (Article 78 of the UK) and the prosecutor's office must participate in the court session.

The main documents for deprivation of paternity include identity cards:

• passport of the plaintiff (legal representative);
• birth certificates of children;
• documents on the conclusion or;
• information about the defendant's income;
• his personal data, including the place of registration;
• information from the police about his search (if available).

Attention: a receipt confirming payment of the amount of state duty is attached to the application.

Contents of a paternity claim

The application must include data confirming the truth of the request for deprivation of paternity. In addition, this document has a certain form, which can be studied in the courthouse or by example. Its structure is:

• the header (written in the upper right corner) contains the following data:
  • the exact name of the judicial authority (it is necessary to inquire on the spot);
• Personal Information:
  • the plaintiff (according to the passport);
  • defendant;
• name and address:
  • guardianship authority;
  • prosecutors;
• text of the claim:
  • a description of the facts characterizing the situation;
  • justification that depriving a man of paternity will benefit the child;
  • an indication of the points of legislation confirming the requirements;
  • list of documents attached to the claim;
• date and signature.

The application must be submitted in triplicate:

• one remains in court;
• the second is sent to the man who is deprived of his rights (the defendant);
• the third is with the plaintiff.

Copies of documents are certified by a court or a notary.

Are alimony paid after paternity is terminated?

Legally, deprivation of paternity and alimony are interconnected. Article 70 (paragraph 3) of the UK states that when considering an issue in a court session, a decision is made without fail on the further performance of the duties of a parent by a man. As a rule, a document is issued on the basis of which.

Attention: If such a decision has already been made before, then a second one is not required. An exception may be situations where the following has changed:

• the financial situation of the family of the plaintiff or defendant;
• the state of health of the child (additional expenses for treatment are required).

Sometimes women looking for a way how to deprive a father of the right to a child, they neglect the possibility of amicable consent. This is drawn up in a separate document, which is certified:

• in the guardianship authorities;
• notarially.

However, without a court hearing, the final decision is still impossible to make. The refusal will become legally valid only after the execution of the document based on the results of the consideration of the case by the judge.

Attention: a man deprived of paternity is not relieved of the obligation to pay maintenance amounts. An exception is the fact that a child is adopted by another person (the new husband of the ex-wife).

Common Questions

How can you terminate paternity of a foreigner?

Complexity this issue connected with the requirement of the law that the claim is filed at the place of registration of the defendant. Solution options:

1. Deprive paternity when divorcing a foreigner.
2. Search for information about the defendant's real estate and file an application with the court operating in the location of such.
3. The rest of the review proceeds in the usual manner.

Is it possible to terminate parental rights in relation to an adult citizen? This issue is also dealt with in the usual way. The difference is that the following citizens are eligible to file a claim:

• mother;
• the adult child himself (subject to the presence of legal capacity).

What to do if there was no fact of marriage registration?

File a claim in the usual way. In this case, the mother is recognized as a loner. After the entry into force of the court decision, she will be able to claim appropriate benefits from the budget.

Let's summarize:

1. In legislation, measures to deprive paternity are recognized as extreme or exceptional. It is resorted to only when the child needs to be protected from the unlawful actions of a parent who neglects his duties and leads an antisocial lifestyle.
2. Based on the above, mothers are advised to:
   • take a responsible approach to the issues of deprivation of paternity in order not to harm children;
   • To court session should be prepared carefully, carefully and thoughtfully selecting the evidence base.
3. It is worth remembering that in the first place the judge has the fate of children who suffer due to the lack of paternal care.
4. In addition, article 72 of the UK contains conditions for the restoration of paternity in certain situations. That is, a man will be able to challenge the decision of the court, six months after its adoption.

A child is born with the participation of two: mother and father. Both of them should take part in his upbringing. But life doesn't always work out that way. Sometimes the father evades his rights and duties. Then the question arises: is it possible and how to deprive paternity?

Reasons for removing father

The main ones for such a step are:

• self-withdrawal from the performance of their duties, payment of alimony;
• a lifestyle that is close to immoral, such is (drug use, alcohol consumption);
• child abuse, physical or mental abuse;
• guilty of committing a crime against life, health.

Thus, in the presence of these circumstances, deprivation of paternity - necessary measure, allowing to protect children from an unfavorable environment and create a comfortable life for them.

Reasons and circumstances

Not only for the above reasons, you can start the procedure for deprivation of paternity.

1. To make a trip abroad, when changing the place of residence and in a number of other cases, a notarized written consent of both parents is required. If the father does not agree with these events, he can once again make the family worry.
2. In accordance with the law, adult children have an obligation to support their elderly disabled parents. Many dads remember having such rights of theirs when they reach age. Which is an unfair fact: paying child support to a father who, in turn, did not pay it to his child.
3. A woman, the mother of a child, after a while has every right to start dating a man, to want to become his official wife. And the latter wishes to adopt her child. If the procedure for deprivation of paternity has not been previously carried out, then from ex-dad many unpleasant minutes are to be expected and, probably, he will oppose this. How, in this situation, can one deprive the paternity of a former legal (civil) husband?

Deprivation procedure

What is the beginning to deprive the father of rights? First, a visit is made to the guardianship and guardianship authorities, their employees provide a list of all required documents to be sent to the court. It includes:

• metric about the birth of a child;
• certificate of divorce (in case of its official registration);
• data on registration in a residential building;
• court decision on the payment of alimony;
• information of the bailiff service (if the above decision is available);
• characteristics from the place where the mother works, from the school, kindergarten, circles;
• size information wages claimant.

This is not a definitive list of documents. The court may require to provide some more papers so that the identities of the parties to the process can be more deeply studied.

After everything is put in order, you can send an application for deprivation.

Important: claims only in relation to rights are considered in court where the defendant lives. Whereas a simultaneous claim for the recovery of alimony can be sent to judicial sector at your own place of residence.

At the same time, it should be understood that whatever the reasons for depriving paternity, the very indicated fact cannot be denied. You can only decide on rights. Paternity itself can be challenged, but that's another concept. It is also impossible to release a citizen from his duties for the rest of his life. If desired, he will collect evidence, submit it to the court, which will restore the lost.

It is not enough to provide documents along with an application for deprivation, you must also have evidence of the facts indicated in it. Because a rare father agrees to silently lose his rights to a child, even if he did not raise him properly. For example, if there was a fact of ill-treatment of a child, then traces of beatings and testimonies are recorded. It is also a good idea to visit a psychologist who will confirm that Cohabitation baby with dad negatively affects the fragile psyche of the child.

If you collect everything yourself Required documents it is impossible to deprive the father of the rights, the court itself will request the missing information. When studying all the evidence presented, the court may decide not to deprive, but only to restrict rights. That is, the father will be limited in communication, but will not move away.

Attention! In connection with latest changes law, the information in this article may be out of date. However, each situation is individual.

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