It is possible to deprive an ex-husband of the rights to a child only in court with the participation of the guardianship and guardianship authorities on the basis of Articles No. 69, No. 70 of the Investigative Committee of the Russian Federation. The grounds for deprivation of paternity are indicated in these articles by an exhaustive list.
Necessary
- - statement of claim;
- - a package of documents required for the consideration of your application.
Instructions
Step 1
To deprive your ex-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 during visits and meetings.
Step 2
You can also use the testimony of witnesses, the protocol of the district inspector and other available methods. For your ex-husband, you must present all documents confirming his lifestyle. You will need an act of inspection of his living space, a certificate of income of the 2-NDFL form, a characteristic from the place of work and residence. If you cannot collect these documents on your own, then the court will make inquiries to the necessary authorities and receive all the necessary certificates to consider your claim.
Step 3
In addition, attach to the application an act of examination of your living space by members of the interdistrict housing commission and the guardianship and guardianship authorities, a certificate of your income of the 2-NDFL form, a description of yourself from the place of work and residence, a child's birth certificate and his photocopy, a certificate from a narcological and psychiatric dispensary issued in your name. Also attach your divorce certificate and photocopy.
Step 4
Direct deprivation of rights is carried out on the basis of a court order. If the court finds the package of evidence not strong enough to deprive you of paternity, it can order the restriction of communication with the child, for example, meetings can take place under your control on days specified by the court.
