How to deprive an ex-husband of parental rights

Family conflicts after divorce do not always end in a formal divorce. Often, the issue of raising a child and the participation of the other parent in his life becomes the subject of lengthy disputes.  

In certain cases, when the behavior of one of the parents harms the child, or he has actually removed himself from his upbringing, there is a need to deprive him of parental rights.  

In this article, we will consider how to deprive an ex-spouse of parental rights in accordance with the current legislation of Ukraine.  

Reasons for deprivation of paternity 

According to the norms of the Family Code of Ukraine, the father or mother of a child can be deprived of parental rights only by a court decision and only if there are one or more grounds determined by law, among which the following situations should be highlighted:  

1. Complete refusal to fulfill parental duties. This is manifested in indifference to the child's life, lack of any participation in his upbringing, moral or material support, ignoring communication for no objective reason.  
2. Use of violence. It refers to the regular physical or psychological abuse of the child or the other parent that poses a threat to the development or safety of the child.  
3. Systematic abuse of alcohol or drugs. Such behavior indicates the inability of a person to responsibly perform the duties of a parent.  
4. Involvement of a child in illegal or morally dangerous activities. It can be about coercion to work, crimes, begging or other actions that harm the child.  
5. Intentional abandonment of a child in a medical facility. If parents do not pick up their child from the hospital or maternity hospital within six months without a valid reason, this can also be grounds for deprivation of their rights.  

Thus, the very fact of divorce or the father's unwillingness to pay alimony is not an unconditional ground for deprivation of his parental rights, but can be considered in the context of evasion of parental duties.  

Who has the right to file a lawsuit 

The following have the right to file a lawsuit for deprivation of parental rights:  

• the other parent;  
• guardian or trustee of the child;  
• the person in whose family the child is raised;  
• guardianship and guardianship authorities;  
• prosecutor.  

Most often, the mother of the child, who is actually alone in raising and maintaining her after a divorce, files a lawsuit. 

Procedure for applying to the court 

Preparation of a claim  

The statement of claim is filed with the local court at the place of residence of the defendant or at the place of residence of the plaintiff — if the child lives with him.  

The claim should clearly indicate:  

• information about the parties;  
• justification of the reasons for deprivation of parental rights;  
• references to evidence (certificates, acts of guardianship authorities, testimonies, photographic materials, etc.);  
• list of attached documents.  

Copies of the child's birth certificate, court decision on divorce (if any), documents confirming the evasion of the father's duties (for example, lack of payment of alimony, certificates from an educational institution about the father's non-participation in the child's life, psychologist's conclusions, etc.) are attached to the claim. Witnesses may also be involved.  

The role of guardianship authorities  

The court must involve the guardianship and guardianship authorities in the case, which conduct an examination of the child's living conditions, interview both parents, and provide their opinion on the expediency of deprivation of parental rights. The conclusion of the guardianship authority is not binding on the court, but has significant weight.  

Litigation  

Cases of this category are considered in civil proceedings. The court examines the evidence provided, hears witnesses, and examines the conclusions of specialists (psychologists, social workers).  

The child himself (if his age allows) can also be heard, if this does not contradict his interests.  

Consequences of deprivation of parental rights 

Deprivation of parental rights of a father has a number of important legal consequences. 

From the moment of entry into force of the relevant court decision:  

• the father completely loses legal authority over the child — he no longer has the right to communicate with him, participate in his upbringing, make decisions, represent his interests in institutions or bodies;  
• he is excluded from the circle of heirs of the child, which means that in the event of his death, he will not be able to claim inheritance;  
• does not have any rights to determine the child's life issues: in particular, he cannot independently decide where the child will live, which school he will attend, or what medical care he will receive without the separate consent of the mother;  
• loses the right to custody in the event of the death of the mother — the child will not be automatically transferred to him;  
• At the same time, it is not exempt from financial obligations — the obligation to pay alimony remains in force and is fulfilled in the usual manner.  

In addition, after the father loses his rights, the mother acquires expanded opportunities. She can change the child's surname, correct his patronymic, travel abroad with him without obtaining the consent of his ex-husband, and also, under certain conditions, formalize the official status of a single mother.  

Is it possible to renew parental rights? 

Thus, the law provides for the possibility of renewing parental rights if the person proves that he has changed his lifestyle, realized his responsibilities and is ready to participate in the upbringing of the child.  

Such renewal is possible only with the consent of the court and if it does not contradict the interests of the child.  

Conclusion  

Deprivation of parental rights is an extreme measure that is used only if there are good reasons and in the interests of the child.  

If the ex-spouse has completely withdrawn from the life of the child, abuses his rights or harms his development, the mother has every right to go to court with a corresponding claim.  

The main thing is to collect evidence and competently prepare for the trial.  

In difficult cases, it is advisable to seek help from a lawyer or a lawyer in the field of family law.