How to deny paternity: reasons and list of necessary documents

Unfortunately, the realities of our modern life are such that mothers often have to bring up their children without the participation of their father. The mother is responsible for the material well-being, moral upbringing and physical development of the child. In this case, the father usually frees himself up and not only does not meet with his child, but also does not pay alimony.

But for some reason, with approaching old age, such fathers begin to look for meetings with their abandoned children. And not always these meetings are conciliatory and requests for forgiveness.

Often happens and so that the fathers require their child to keep, because they themselves are not able to feed themselves. To prevent such a situation, single mothers need to take care of in advance how to deprive the fatherhood of an ex-husband or partner.

It must be remembered that deprivation of parental rights is the most extreme measure, and for it serious reasons are needed.

Reasons for deprivation of paternity

1) non-fulfillment of parental responsibilities, including evasion from payment of alimony;

2) child abuse, including mental violence;

3) immoral behavior of the parent;

4) chronic alcoholism and drug addiction.

In order to deprive the father of the rights to the court, a statement of claim must be filed, stating the reason for which the deprivation of rights is required. A statement to the court may be made by the other parent, the guardianship authority or the prosecutor. During the court session, these grounds will be considered, the reasons why the father does not fulfill his duties.

It should be noted that paternity deprivation will occur only if the parent's improper behavior is proven, and it is confirmed that the behavior will not change in the future for the better.

In case the father can not perform his duties for health reasons, the claim will be refused. If the claim is rejected for another reason, then in a year it is possible to file it again, and it is advisable at the same time to use the services of a professional lawyer.

It should be remembered that the deprivation of paternity presupposes the termination of all rights to the child, the possibility of being in his future in dependence and receiving benefits and benefits laid to parents with children. But in this deprivation of parental rights does not mean that the parent is released from the duties of raising a child.

Instruction 1. In order to deprive the former husband of paternity, apply to the arbitration court with a statement. Attach documentary evidence that the father is not worthy to participate in the upbringing and maintenance of his child.

As evidence you can use a certificate of arrears or non-payment of alimony, a certificate from a narcological or psychiatric dispensary, that the father is a chronically ill drug addict, alcoholic or has mental illness, and therefore negatively affects the child when visiting and meeting.

2. You can also use the testimony of witnesses, the district inspector's report and other available methods. On the ex-husband you must show all the documents confirming his way of life.

It will take an act of examination of his living space, a certificate of income of the form 2-NDFL, a description from the place of work and residence. If you can not collect these documents yourself, the court will make inquiries to the necessary authorities and will receive all necessary information to consider your statement of claim.

3. In addition, attach to the application the act of surveying your living space by the members of the inter-district housing commission and the guardianship and trusteeship agencies, a certificate of your income of the 2-NDFL form, a description of yourself from the place of work and residence, a birth certificate of the child and his photocopy, a certificate from the narcologicaland a psychiatric dispensary, issued in your name.

Also attach a certificate of divorce and a photocopy.

4. Direct disqualification is carried out on the basis of a court order. If the court finds the package of evidence insufficient to weigh paternity deprivation, it may decide to restrict communication with the child, for example, meetings may take place under your control at certain days of the court.

Video advice of lawyers

Grounds and order of deprivation of parental rights:

How to deprive the father of parental rights:

Conversation with the lawyer:

Determining the order of communication with the child: