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When can a mother be deprived of her parental rights? Grounds for depriving a mother of parental rights without her consent: where to start the process? How to deprive a mother of parental rights without her consent

The birth of a child imposes certain responsibilities on its parents. Such responsibilities include not only, for example, providing food or clothing, but also performing educational functions, treating the child with respect, and educating him. All of these mandatory functions of parents are valid until the child reaches the age of majority.

The responsibility for providing a minor with a decent life and respecting his rights is the same for the mother and father. In case of failure to fulfill their duties, each of them individually or both at once may be deprived of the rights of parents.

The portal site reminds that from the point of view of the law, the procedure for depriving parents of rights is no different for both of them and is initiated on the same grounds.

When can a mother be deprived of her rights to a child?

  1. The mother does not fulfill her parenting responsibilities. With all that this reason seems too general and lacks specifics, in court cases, where issues of deprivation of the rights of motherhood or paternity are considered, it occurs most often. Any evasion of one's responsibilities as a parent may be considered a failure to fulfill them. For example, a child does not have normal clothing appropriate for his age and season, although the financial situation of the family allows him to purchase it in a timely manner and in full. Or, the mother does not purchase the things necessary for school (textbooks, uniforms, etc.), thereby preventing the child from receiving an education.

The important point in this case is that the failure of the mother to fulfill parental responsibilities is not due to lack of opportunity, but for some other reason.

Failure to fulfill the duties of a parent also includes refusal to pay court-ordered maintenance for a child (alimony).

  1. The mother has an alcohol or drug addiction. This reason for deprivation of motherhood does not in itself indicate the guilt of the parent; it rather indicates his problems. But the child should not live in a family where all the mother’s thoughts are focused on where to get money for a drink or a dose, and not on raising him.

In addition, in such a dysfunctional family, a child experiences moral and possibly physical suffering, which cannot but affect his health and mental state. Therefore, as a rule, if the mother has a proven illness of alcoholism or drug addiction, the court clearly deprives her of her rights as a parent. A medical report serves as evidence of the disease.

  1. A mother causing harm to her minor child. Harm here refers not only to physical harm, but also to psychological trauma. Domestic violence almost always leaves an imprint on the child’s psyche, so the state strives to protect minors from this.

If a mother systematically uses physical violence against a child and this can be recorded (for example, beatings in a medical institution), then a criminal case may be initiated against her. Based on the results of consideration of this case, the mother will be punished and, most likely, will be deprived of motherhood.

Sexual abuse of a child will definitely lead to a criminal case and deprivation of the mother’s rights.

  1. The mother’s use of her influence on the child for him to commit illegal actions, lead an immoral lifestyle, attract a minor to bad habits. If a mother not only drinks alcohol herself, but also does not prevent the development of this habit in a minor child, then we should not expect him to grow up to be a healthy and worthy member of society.

In some cases, the mother not only encourages, but directly forces her child to commit illegal actions, for example, pickpocketing and similar actions.

  1. A mother’s refusal to abandon her child in a maternity hospital or her refusal to take a minor from medical institution.

Who makes the decision to terminate maternity?

The only body authorized to resolve such issues is the court. The defendant in this case is the mother, who is supposed to be deprived of rights in relation to her child.

The plaintiff, that is, the initiator of this procedure, can be:

  • father of the child;
  • representative of guardianship organizations;
  • representatives of the prosecutor's office;
  • representatives of the juvenile affairs department.

The court's decision is greatly influenced by the completeness of the evidence provided by the plaintiff. This includes witness statements, medical certificates, photographs, video or audio materials, as well as any other evidence that the mother either does not fulfill or improperly fulfills her duties towards the child.

If the plaintiff is a prosecutor or representatives of the juvenile affairs department, then they can present evidence of the illegal activities of a minor, which is also caused by the mother’s failure to fulfill her duties.

Lawyers of the website portal draw your attention to the fact that the only case when a mother is deprived of her rights without a court verdict is her abandonment of the baby in the maternity hospital. In this case, the mother writes an official refusal. There are no legal proceedings in this case.

Nowadays it is often said that guardianship authorities by law can deprive parental rights and take the child from the family at their own discretion or on the simple accusation of “well-wishers.” Is it that simple? Do all parents really need to be afraid that their child could be taken away without reason at any time?

On what basis are parental rights deprived? Based on the decision of the district court at the request of the plaintiff in relation to one or both parents of the child - as written in paragraph 1 of Article 70 of the Family Code of the Russian Federation. This procedure does not apply to guardianship or trusteeship: a guardian or trustee can only be removed from performing duties in relation to a minor.

1. Parents avoid fulfilling parental responsibilities

Parental responsibilities include raising a child or paying child support.

Separately, I note that in cases where parents do not fulfill their responsibilities due to difficult circumstances or for other reasons beyond their control, deprivation of parental rights is impossible. Such circumstances could be, for example, a mental disorder.

2. Parents, without good reason, refuse to pick up the child from the maternity hospital or other institution where the child is temporarily staying

The basis for filing a claim for deprivation of parental rights in this case will be a statement of refusal to pick up the child from the maternity hospital from the mother or father. After this, the child is transferred to the care of the state.

3. Parents abuse parental rights

For example, they interfere with his education, incline him to begging, theft, prostitution, drinking alcohol, and drugs.

4. Parents abuse their child

For example, they apply physical or mental violence to him, unacceptable methods of education, treat the child rudely, disdainfully, insult him, exploit him, and encroach on his sexual integrity.

5. Parents have chronic alcoholism or drug addiction

If there is such a basis for deprivation of parental rights, the plaintiff should first obtain a medical certificate confirming that the defendant has such a disease.

6. The parents committed a deliberate crime against the life or health of their children or against the life or health of their spouse

Since the Constitution Russian Federation the principle of the presumption of innocence is enshrined, then the filing of a statement of claim is made no earlier than the entry into force of a court decision finding a parent guilty of committing a crime against the life or health of a child or spouse.

Procedure for deprivation of parental rights

In order to begin the procedure for depriving parental rights, it is necessary to prepare a statement of claim. It must indicate the violated right of the child and the guilt of the responding parent. Documents confirming the above are attached to the statement of claim.

A claim for deprivation of parental rights is filed in the district court at the place of residence of the defendant parent. If the statement of claim simultaneously contains a demand for deprivation of parental rights and for the collection of alimony, the plaintiff has the right to file such a statement at his place of residence.

The state fee for filing a claim for deprivation of parental rights in accordance with subparagraph 3 of paragraph 3.1 of Article 333.19 of the Tax Code of the Russian Federation is 300 rubles. The state fee when filing a claim in court for alimony is not paid.

Who can be the plaintiff:

  • one of the parents, regardless of whether he lives with the child;
  • persons acting in loco parentis: adoptive parents, guardians, trustees, foster parents;
  • prosecutor;
  • body or institution charged with protecting the rights of minors.

Documents confirming the validity of the claim:

  • statement of the parent’s refusal to pick up the child from the maternity hospital;
  • a court decision convicting him of a crime against the life or health of a child or spouse;
  • certificate of non-payment of alimony;
  • a court decision on the collection of alimony, a court order, a bailiff's calculation of the debt of the alimony payer as of the date of filing the claim in court;
  • certificate of search for the debtor-payer of alimony;
  • information about police calls;
  • traumatologist's report;
  • certificates of temporary incapacity for work;
  • photographs, video, audio recordings, letters, notes;
  • witness testimony confirming the circumstances under which parental rights can be deprived.

Along with these documents, you can attach reports of inspection by guardianship officers of the child’s home and at the defendant’s place of residence, as well as the conclusion of the guardianship and trusteeship department on the conditions of the child’s upbringing and maintenance.

The result of the trial will be a court decision to deprive parental rights or refuse to satisfy the application.

Within three days from the date the decision enters into legal force, the court will send an extract from this decision to the civil registry office at the place where the child’s birth was registered in order to make changes to the child’s birth certificate.

Legal consequences of deprivation of parental rights

  • if one parent is deprived of parental rights

In this case, the child is transferred to the second parent. A parent deprived of parental rights is obliged to support his child, but he loses all rights based on the fact of relationship with the child in accordance with Chapter 12 of the Family Code of the Russian Federation and can no longer take part in raising the child or act as the legal representative of his child. A parent deprived of parental rights loses the right to communicate with the child and his own maintenance in old age. He is also deprived of the right to benefits and state benefits established for citizens with children.

  • if both parents are deprived of parental rights or the child does not have a second parent

The child is transferred to the care of authorized state bodies. In this case, adoption of a child or registration of guardianship by immediate relatives is possible no earlier than six months from the date of the decision on deprivation of rights.

  • rights of a child whose parent has been deprived of parental rights

The child retains the right of ownership of the residential premises or the right to use the residential premises in which he lives with the parent. At the same time, the parent-tenant of such residential premises may be evicted from it without providing another residential premises if the court finds their cohabitation impossible.

The child retains property rights based on the fact of relationship with parents and other relatives, in particular, the right to inheritance.

Is it possible to restore a parent's parental rights?

Even if parental rights are deprived, their restoration in the future is possible. This procedure is described in Article 70 of the Family Code of the Russian Federation, and is similar to that described above, with the only difference being that the opposite must be proven.

If you have questions for a lawyer, we remind you that all users of the “I am a parent” website can receive free consultation lawyer We publish questions and answers to them in the “” section.

Mikhail Krasilnikov

It does not always happen that the biological mother of a child fully corresponds to the title of a real mother and bears full responsibility for the upbringing and life of her child. This is also manifested in the fact that with the birth of the baby she does not want to change her lifestyle and adjust her habits.

Such would-be mothers have always caused condemnation and censure from society, but in some cases condemnation alone is clearly not enough, and the state is forced to take measures to deprive mothers of parental rights.

The issue of deprivation of parental rights can be raised only in these cases:

  • if the child has not yet reached the age of majority;
  • if the child is not emancipated in court.

In the latter case, from the point of view of the law, the child is considered as a fully capable citizen, which means the parental rights of the parents are automatically terminated.

Why can the mother of a child be deprived of parental rights?

  • If she does not want to take the child from a medical facility, maternity hospital, hospital, etc.;
  • If she mistreats the child, using physical and mental violence against him;
  • If she leaves him in danger and does not come to help when life and health are threatened;
  • If she was convicted of a criminal offense that was committed against her husband or child. In this case, it doesn’t even matter to the court what the woman’s intention was, indirect or direct;
  • If the mother intentionally forces the child to engage in illegal activities, for example, selling alcohol, selling drugs, begging, etc.;
  • If the mother does not fulfill her parental responsibilities;
  • If a woman is officially diagnosed as an alcoholic or drug addict.

Keep in mind that if you are the father of a child and want to deprive the mother of parental rights, you will have to go to court.

The issue of deprivation of parental rights may be raised by:

  • the father of the child, even if he does not live with the mother;
  • representatives of guardianship and trusteeship authorities;
  • prosecutor's office

Consequences of deprivation of parental rights of a mother

A detailed list of consequences that arise when parental rights are revoked is in the Family Code; 71 articles are entirely devoted to this issue.

For example, a former parent:

  • does not have the right to participate in the upbringing of the child and communicate with him;
  • demand alimony from an adult child for their maintenance;
  • is deprived of rights to inheritance after the death of the offspring;
  • deprived of the right to a survivor's pension, etc.;
  • Cannot receive child benefits that were previously assigned.

Partial deprivation of parental rights

It happens that a negligent mother’s parental rights are partially limited. This is possible in cases where her actions do not have any particularly serious consequences for the child, for example, physical or mental harm. However, her actions are clearly unlawful and proven.

Keep in mind that the law does not define the concept of “partial deprivation of parental rights.” Nevertheless, in practice this method of influencing the parent is often used.

This is usually expressed as:

  • the mother is limited in communication with the child and is allowed to see each other only under the control of the guardianship and trusteeship authorities;
  • mothers are not given the right to decide where the child will study and how he will be supported;
  • mothers are prohibited from living together with their child.

When can you not deprive a mother of her rights?

There are special circumstances in which deprivation of parental rights will not occur:

  • do not be afraid of deprivation of rights if there are no significant grounds for this;
  • do not worry if the court does not have indisputable evidence that parental responsibilities are not being fulfilled.

Remember that before making such a serious decision, the court will first find out all the reasons for the current situation.

If the mother’s behavior was caused by very difficult life circumstances or reasons beyond her control, the court will investigate these circumstances.

The mother will not be allowed to raise the child, but will not be deprived of parental rights if:

  • she has been diagnosed with a serious illness;
  • she suffers from mental disorders.

However, keep in mind that even if you have a disability group, you will have to provide for the child. Therefore, even under such difficult circumstances, be prepared to bear the financial costs of supporting your child. Most often, the amount of alimony for the offspring is withheld from the pension that the mother receives due to disability.

Necessary documents for going to court

If you decide to deprive a would-be mother of parental rights, then do the following:

  • Fill out a statement of claim and make a copy of it;
  • Prepare documents that can confirm the validity of your desire, that is, papers confirming the mother’s guilt. This could be, for example, a medical report;
  • Find your divorce and marriage certificate;
  • Pay the state fee and attach a receipt for payment;
  • Collect other documents that could influence the progress of the case.

Keep in mind that there is no need to have copies certified by a notary.

How to fill out a claim form?

To correctly fill out the claim application, use the following recommendations:

  • write the full name of the court;
  • enter the mother’s passport details;
  • provide complete information about the child;
  • indicate the full name of the guardianship and trusteeship authorities that oversee this issue;
  • describe in detail the reason that is the basis for taking the child away from the mother;
  • indicate your requirements as a plaintiff;
  • Include in the attachment a list of all the documents that you have prepared in addition to the application.

Is a mother deprived of parental rights required to pay child support?

The law states that even if a mother has been deprived of parental rights, she must still pay support for her child. And the lack of work does not relieve her of this responsibility.

To assign child support to a mother deprived of parental rights, either an initiative on the part of the plaintiff or a judicial review is required.

The amount of alimony depends on the following:

  • what is the child’s health status;
  • what financial situation he is in;
  • what is the health and financial capabilities of the mother, does she have parents who are disabled. Does she have a husband and other children whom she supports;
  • other circumstances that relate to this case.

How to take a child away from an alcoholic?

In theory, everything seems simple; an alcoholic should not raise a child. But, if you want to deprive the mother of her parental rights on this basis, then be prepared to prove in practice that the mother really suffers from alcoholism.

The problem is that your words alone will clearly not be enough in court. And even if you bring witnesses who confirm that she is a drinker, this may be considered as personal hostility on their part.

Therefore, in order to save a child from a mother who has an alcohol and/or drug addiction, prepare medical reports for the court confirming the indicated diseases.

Who will the children be given to after the mother's rights are deprived?

What will happen to the child after his mother is deprived of parental rights.

If the plaintiff in the process is the father, then, most likely, the heir will be given to him for upbringing and cohabitation. However, if the court considers that living next to the father may cause harm to the minor, then the baby may be transferred to the guardianship and trusteeship authorities.

How can a mother have her parental rights restored?

If you want to restore maternal rights, then write an application to the court and expect that your new moral character will be carefully considered from all sides by the court. If your correction turns out to be indisputable in the eyes of the judge, then they may meet you halfway and reinstate your rights.

However, there are a number of reasons why restoration of maternal rights is impossible:

  • if the minor was adopted and the adoption process was not canceled by the court;
  • if at the time of the mother’s application the child has reached the age of majority.

If you are faced with such a problem and want to save your children by taking them away from their mother, then it is better to contact a lawyer who will show you all the nuances and risks of this matter.

In addition, he will tell you what documents you need to prepare and how to correctly draw up a statement of claim.


Deprivation of a father or mother of parental rights is an extreme measure of punishment by law. Temporary restrictions on these privileges are sometimes used as a preventive measure against dishonest or unlawful behavior of a parent towards a child (and this measure can even be applied to an unscrupulous single mother). The use of this type of authorization is permitted and applied by the court. A parent can restore their privileges only after a six-month period has passed, after the announcement of this kind of verdict. What consequences await all participants in the process of depriving one of the parents of parental rights (including the rights of the child in this matter), we will consider in more detail in the article.

Consequences for the father

The procedure for depriving parental rights is regulated by the Family Code of the Russian Federation. The reasons for carrying out this procedure most often are:

  • excessive use of alcohol or drugs;
  • cruel treatment of a minor;
  • infringement of the child’s interests in obtaining a decent education and failure to provide normal living conditions;
  • evasion of alimony payments;
  • attempt on the life and health of a child.

Most often, the father acts as the parent from whom, through legal proceedings, all privileges regarding raising the child are taken away (more information about what the rights and responsibilities of parents, and, first of all, the father include, can be found in the article at the link) . The consequences of deprivation of parental rights are discussed in more detail and in detail in Article 71 of the RF IC .

If a parent has lost his rights to a child, he is automatically deprived of the opportunity to personally participate in the upbringing of a minor citizen. In this case, the daughter or son receives education from the second parent (mother), in an orphanage or in a foster family.

The father, who lost his ability to work, according to Article 87 current family legislation, has the opportunity to request financial assistance (alimony) from his adult child. However, a parent who has undergone termination of parental rights no longer has a legitimate basis for using this privilege in the future. His privilege to use various state benefits under labor legislation and cash benefits paid for the child is also abolished.

A citizen deprived of parental rights will not be able to participate in the legal inheritance of the property of his daughter or son if, by coincidence, the father survives his son or daughter. Communication with a minor child also ceases after the parent is deprived of privileges. Contact with the baby is carried out only with his personal consent or the approval of the second parent or guardian. The nature of these meetings should not cause harm to the health and life of a minor citizen.

Something to remember!After deprivation of parental rights, the father is OBLIGED to pay child support for his maintenance.

By a court order, a parent can be evicted from an apartment if there is no fact of its privatization. This rule regulates.

Consequences of deprivation of parental rights for a child

If one of the parents of a minor child is deprived of parental rights, then the child is primarily deprived of the communication and influence of such a person. Contacts with an unscrupulous father can be carried out with the consent of the baby himself and the mother, guardian or adoptive parent.

You should know!If it is impossible to leave the child with the second parent, he is transferred to the guardianship and trusteeship authorities. The registration of adoption proceedings over him is legally permitted after a minimum period of six months.

The child retains the right of ownership of the living space and the opportunity to use it in his own interests. Also, a minor citizen can inherit property by law and will from a parent who has undergone the procedure of deprivation of parental rights.


What does deprivation of parental rights from a father give to a mother?

The child is transferred to the care of the mother after the father is deprived of parental rights. She plays the role of the only person raising a minor citizen.

First of all, with the deprivation of the father’s parental rights, the mother gets the opportunity to take the baby abroad without hindrance, without requiring his permission to carry out this procedure . This can be very convenient if you need to take your child to another country. medicinal purposes or for the purpose of obtaining higher education.

Another advantage of depriving a father of parental rights is the absence of the obligation to make child support payments to him in the future. Child support must be paid by a child who has reached the age of majority in the event of a parent's incapacity for work.

Changing the name, surname and patronymic of a son/daughter occurs in a more simplified procedure. Depriving a father of parental rights gives the mother the legitimate privilege to prohibit him from having contact and participating in the upbringing of a minor child. The mother will receive child support payments from the unscrupulous parent for the entire period until the child reaches his 18th birthday. According to the law, it will be impossible to obtain other child benefits after deprivation of the father’s parental rights. Acquiring the status of a “single mother” is impossible, since the father exists, pays alimony and recognizes his paternity.

Legal consequences after trial

After the court makes a decision to deprive parental rights, various legal consequences occur. Along with the issue of deprivation, the issue of further separation is also resolved. If we are talking about non-privatized living space, then as a result of a trial, the father, deprived of privileges, may be evicted from the apartment. However, the provision of other housing is not provided.

Living in a privatized apartment makes it impossible for a child to be separated from his father. A minor citizen is moved to another parent or guardian. In the absence of such, placement in an orphanage is carried out.

You should know that a child in an orphanage can be adopted after at least six months.

The father can restore his privileges after 6 months, after deprivation of parental privileges. However, this is a painstaking and difficult procedure.

The grounds for restoring rights to a child are:

  • recovery from addiction to alcohol and drugs;
  • Availability positive characteristics From the job;
  • behavior correction;
  • consent of a 10-year-old child to reinstatement after deprivation.

You can renew your parental privileges at judicial procedure by filing a claim. Particular attention should be paid to collecting evidence.

Deprivation of parental rights and their restoration is a difficult ordeal for both parents and a minor citizen. A general consensus should be reached in the interests of the baby.

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