Depriving the father's parental rights - where to start?

Depriving the parental rights of the child's father is a very difficult procedure, to which, however, many women today apply. As a rule, in this case the biological father does not participate in the life of his child in any way and does not share the burden of his financial maintenance with the mother, but there are also other situations when the father is too cruel to the son or daughter and can pose a threat to health and the life of the baby.

One way or another, many women periodically think about what constitutes a father's deprivation of parental rights, and where to start to initiate this procedure. In this article, we will try to understand this issue.

What is needed to deprive the father of parental rights?

In Ukraine, Russia and most other legal states, this procedure is carried out only through a trial initiated by the applicant for an application for the deprivation of the father of parental rights. The second parent, guardian or guardian of the baby, as well as state bodies, can start the trial on this issue. In practice, however, young mothers who do not receive the necessary help from their biological father, both from a material and moral point of view, are mostly drawn to the courts.

Certainly, in order to take such a serious measure of influence on a careless parent, it will be necessary to convince the court of the existence of insurmountable circumstances, the list of which is approved by the legislation of Russia and Ukraine. On the basis that the mother has for depriving the father of the father's rights, the procedure for initiating the process will also depend.

In particular, depending on the situation, pre-trial preparation may include obtaining the necessary documents in the following instances:

  1. One of the reasons that almost always entails the successful completion of the trial of deprivation of parental rights of the father is the intentional commission of a crime directed against the baby or his mother. In such circumstances, the first step of the woman who wants to initiate the proceedings will be to go to the court that examined the case against the defendant and receive a copy of the verdict, indicating the composition of the crime and the available evidence of the defendant's guilt.
  2. If the main reason for taking such a serious measure is malicious and long-term evasion of payment of alimony, pre-trial training should begin with a visit to the bailiff service. There it is necessary to obtain information about the non-payment of the alimony maintenance by the defendant, as well as copies of decisions on prosecution, provided they are available.
  3. Often the reason that a woman is forced to take such a step is that her husband suffers from a severe stage of alcoholism or drug addiction. In this case, the preparation for litigation should begin with a visit to the city narcological dispensary and receive relevant information.
  4. If the father shows excessive aggression and carries a real threat to the baby , to deprive him of his parental rights will have to collect documents confirming his inadequate behavior. In particular, for this purpose, help on calling a police outfit on the house due to violence from men, his personal characteristics from various instances, testimony of witnesses and so on.

To do all these actions is necessary in order to collect primary documents for the deprivation of the father of the child of parental rights. In the future it is necessary to apply to the guardianship and guardianship bodies, since their support will be a significant help in the period of the trial in court.

Finally, the final step should be to appeal to the judicial authorities with a statement of claim for the deprivation of the father of parental rights, a sample of which is presented in our article: