How can a former husband be deprived of paternity? Circumstances and consequences

Increasingly, women are pondering 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 may not pay child support, threaten, set children against their mother, take the child to their homes for the weekend, but at the same time leave it with their grandparents and so on. All so that the ex-spouse could not live in peace. In some cases, deprivation of paternity is a measure that helps protect a minor. You must always remember how to bring the idea to life. Below we will tell you all about how to deprive paternity of an ex-husband. What are the consequences of such an act?

Paternity and parental rights

In modern Russia, several different terms can be distinguished - deprivation of parental rights and fatherhood. The second case often has no legal effect. Under current law, a parent, if he is a family (biological), cannot refuse paternity or motherhood. This is the peculiarity of the procedure.

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

Reasons for disenfranchising

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

What circumstances may be? How can a former husband be deprived of paternity? You must go to court if:

• the spouse has a large debt for child support;
• a man leads an immoral lifestyle ;
• ex-husband suffers from some kind of addiction;
• a person does not fulfill parental duties;
• the 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. Indeed, in order to rid the former spouse of the rights of the parent, good reason is needed. This is a pretty serious step.

Circumstances

It is hard to believe, but even some circumstances that occur in real life can give the mother of a child certain advantages over the court. What exactly is it about?

The following circumstances may lead to 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 are not deprived of parental rights.
3. The marriage of a woman with the subsequent adoption of a child. To translate ideas into reality, the consent of the biological father of the baby is necessary. It is only about adoption. Without the consent of the former spouse, this will not work.

These are the most common situations. But how to deprive the former husband of paternity? Where to start a similar operation?

Process start

In reality, turning an idea into reality will not be as easy as it seems. Deprivation of parental rights is accompanied by serious paperwork. Faced with it will be mainly the plaintiff.

Important: both the mother and the father of the child can start the deprivation of parental rights.

The first stage is an appeal to the guardianship and trusteeship authorities. It is necessary to contact the department at the place of registration of the mother with the child. It is enough to bring along a passport and birth certificate.

The guardianship authorities will give the applicant 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 the documents later. Consider how to deprive a former husband of paternity? After contacting the guardianship authorities and collecting all the necessary papers, you will have to decide where to send the statement of claim.

The following scenarios are possible 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 - with the deprivation of paternity with a reservation More precisely, with the appointment of alimony for the child.

That is, if the mother just wants to deprive the parental rights of the former spouse, she needs to go to court at the registration of her husband. If you need to additionally assign child support (sometimes - including yourself), you need to find out the spouse's place of residence and file a lawsuit with the appropriate authority.

Documents for deprivation

How can fatherhood be ex-husband? If this is a balanced decision that has reasons, it is necessary to collect a certain package of papers. It will be registered 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:

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

Sometimes a package of documents excludes some papers. For example, it is not necessary to bring a certificate of employment if citizens are employed as entrepreneurs. Under certain circumstances, you can do without a decision on the purpose of alimony (if that was not in principle). Courts may also require additional securities. But about them later.

Rules for making a claim

To begin with, it’s worth understanding the basics of drawing up a statement of claim in the established form. Thinking about how to deprive the former husband of paternity, a woman should not only collect documents, but also write a lawsuit correctly. Otherwise, it will not be accepted.

It is worth paying attention to the following rules:

• the claim shall contain the full name of the court to which the request is submitted;
• 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;
• in the statement of claim indicate the reasons for the request;
• filing a claim requires compliance with generally accepted business correspondence rules;
• the request is accepted only if there is a full package of documents (we have already talked about it);
• it is important to observe the structure of the claim: cap, name, clarification, body, conclusion;
• the statement of claim must be sealed with the signature of the plaintiff.

Perhaps this is all. In fact, with the right approach to solving the problem, answering the question of how to deprive the ex-husband of parental rights is not difficult.

Speedup Tips

But that is not all. As we have already said, sometimes for the realization of ideas in life it is necessary to submit additional materials. They play a crucial role. After all, one simply cannot deprive the rights of a parent.

How can a former husband be deprived of paternity? The advice that lawyers give is as follows:

1. It is necessary to collect any materials confirming the reasons for going to court. This can be photos and videos, audio files, as well as correspondence. The more evidence, the better.
2. Before going to court, it’s better for mom to take inquiries about her state of health. It is about turning to a psychiatrist and narcologist. By the way, it is better to have similar documents for the respondent spouse. Especially if he had problems with alcohol or drug addiction, as well as mental disorders.
3. Witnesses are those who can significantly influence the procedure. The court will necessarily take into account the testimony. Accordingly, the more people (neighbors, relatives, and so on) will be able to 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 income statements of the spouse, 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 fulfillment of parental duties, he can be deprived of the right to a child.

Effects

We figured out how to strip the ex-husband of paternity. The consequences of this act, as already mentioned, are very serious. Which ones?

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

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

Also, courts usually do not allow adoption while a person is deprived of parental rights. With proper preparation, coping with the task will be quite easy.

Conclusion

We found out how to deprive the parental rights of the former spouse. Step by step, this procedure looks like this:

1. Appeal to the guardianship authorities.
2. Collection of documents and evidence.
3. Drawing up a lawsuit.
4. Appeal to the court.
5. Participation in the meeting.
6. Getting a court order.

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