Termination of the father's parental rights

What is the deprivation of parental rights?

Legal essence of the procedure

The deprivation of a father’s parental rights is a court decision that fully annuls all legal rights and obligations of the man toward the child. From the moment the decision enters into force, the father loses the right to upbringing, participation in the child’s life, access to information about the child, as well as other powers provided by law. The court deprives rights exclusively in the presence of serious reasons, which must be confirmed by appropriate evidence. The process involves a thorough review of the circumstances, testimony, and documents, because the decision has irreversible legal and social consequences.

Legal basis (Family Code, Art. 164)

The procedure is based on Article 164 of the Family Code of Ukraine (FCU). This article provides an exhaustive list of grounds under which a father may be deprived of parental rights. This is not the personal wish or emotional assessment of the mother, but a clear list of violations that indicate a threat to the life, health, or development of the child. In addition to the article itself, the court also considers the practice of the Supreme Court, explanations of the Ministry of Justice, and Ukraine’s international obligations in the field of child protection.

According to Article 164 of the FCU, a decision may be made only by a court, and only when it is proven that the father does not fulfill parental duties or by his actions harms the child. The law does not permit a formal approach—each case is assessed individually. That is why involving a family lawyer helps build a legally flawless position.

Grounds for depriving the father of rights

Evasion of duties (no participation in upbringing)

The most common ground is the father’s systematic failure to perform his duties. If a man does not communicate with the child for a long time, does not take part in upbringing, and does not provide material support, this may be a ground for a lawsuit to deprive him of parental rights. It is important that the absence of communication is the result of the father’s unwillingness, and not obstacles created by the mother or others. A family lawyer will help evaluate the situation and formulate the claim properly.

Cruel treatment, violence

Physical or psychological violence against the child or the mother is a serious reason to apply to the court. Testimony, medical certificates, police reports, or the opinion of the guardianship authority may confirm facts of cruel treatment. A lawyer for deprivation of a father’s rights will help collect evidence and present the information to the court correctly, taking into account all requirements of Article 164 of the FCU.

Alcoholism, drug addiction

The father’s chronic dependence on alcohol or drugs often poses a direct threat to the child’s life and health. If there are certificates from a narcological or psychiatric dispensary, the court may decide in favor of deprivation of parental rights. At the same time, the mere fact of registration at a medical facility does not guarantee success—the court considers the full context, including the level of contact with the child, financial support, and behavior in everyday life.

Other grounds: exploitation, crimes, abandonment of the child

Other grounds include:

• forcing the child to work;
• using the child for begging;
• committing an intentional crime against the child or the mother;
• leaving the child without supervision in a dangerous condition.

These circumstances are considered gross violations that endanger the child’s physical or mental condition and are directly specified in Article 164 of the FCU.

Who can initiate the case?

A claim for deprivation of parental rights may be filed by various parties if there is sufficient evidence to initiate the case. Most often, the initiator is the child’s mother, who has faced the father’s inaction or aggression. However, this is not the only option.

The right to apply to the court also belongs to:

• the child’s guardian or custodian;
• the guardianship and custody authority, which may initiate the case after checking the child’s living conditions;
• the prosecutor, if there is a threat to the minor’s rights;
• institutions where the child stays (boarding schools, hospitals).

In certain situations, deprivation of parental rights with the father’s consent is permitted if he does not dispute the facts of violations and submits a statement of waiver himself. However, even in such a case, the court is not a formality—it verifies whether the decision serves the child’s interests, and only then adopts it. The conclusion of the guardianship authority remains mandatory.

Procedure for deprivation of rights

The process consists of several stages:

1. Preparation of the claim and filing it with the court.
2. Obtaining the conclusion of the guardianship and custody authority.
3. Hearing of the case in court with all parties summoned.
4. Adoption of the decision.

The court considers not only the facts of violations, but also the child’s interests. If a threat to the child’s life or psyche is established, the court deprives the father of rights. If necessary, a forensic psychological examination may be appointed. A family lawyer plays a key role in proper legal support of the case, particularly in compiling the evidence base.

Required documents

To file a claim, you need:

• a copy of the child’s birth certificate;
• documents confirming the grounds for deprivation (certificates, reports, witness statements);
• the conclusion of the guardianship and custody authority;
• documents confirming the applicant’s identity;
• the statement of claim for deprivation of parental rights, prepared in accordance with the Civil Procedure Code.

It is also advisable to attach characteristics from the child’s place of residence, certificates regarding payment or non-payment of alimony, information about contacts with the child, etc. A family lawyer will help form a complete set of documents and avoid mistakes.

Consequences of the court’s decision

After the court’s decision is issued: The court’s decision on deprivation of parental rights has far-reaching and long-term consequences that change not only the father’s legal status, but also future legal relations with the child. In essence, the deprived father is no longer a subject of rights and obligations toward the child, with one exception—financial.

Consequences of deprivation:

• complete loss of personal non-property rights regarding the child (communication, participation in upbringing, determination of residence, etc.);
• inability to be the child’s heir (except in cases provided by law);
• retention of the obligation to pay alimony after deprivation, unless otherwise determined by the court;
• inability to act as the child’s representative in legal matters, even if the mother is incapacitated;
• a ban on participating in important life decisions regarding the child—treatment, education, travel abroad, etc.

Deprivation of parental rights is an extreme measure of state intervention and is applied only when other methods are ineffective. It can also be a ground for subsequent adoption of the child by another person. In any case, the court is guided by the principle of the child’s best interests.

Why choose “Pravovyi Lider”

Experience of lawyers in family disputes

The “Pravovyi Lider” team has significant experience in cases of deprivation of a father’s parental rights. We successfully protect children’s interests and ensure clients’ legal security. Our lawyers handle sensitive cases as tactfully as possible, maintaining confidentiality and support.

Full case support: from application to decision

Our lawyer for deprivation of a father’s rights supports the client at all stages: consultation, preparation of the claim, participation in court hearings, and appeal (if necessary). We work with evidence, prepare explanations, and represent the client in court and in communications with guardianship authorities.

Personalized approach and protection of the client’s interests

We guarantee an individual approach to each case. We consider not only the legal circumstances, but also the emotional and psychological burden associated with the process. “Pravovyi Lider” is support and confidence in the result. A family lawyer accompanies you at every stage, helps resolve conflicts, and represents your interests in court.

Frequently Asked Questions (FAQ)

Can the deprivation decision be reversed?

Yes, in the future the father may apply to the court for restoration of parental rights if he proves changed circumstances (rehabilitation, participation in the child’s life, etc.). The court evaluates real changes in behavior and attitude toward the child.

How long does the process take?

On average, the procedure takes 1–3 months, depending on the case’s complexity and the completeness of the evidence base. If the process is complicated by the need for examinations or the involvement of several parties, the review may take longer.

What are the chances of success?

The chances depend on the quality of the collected evidence, the grounds for the claim, and the work of the family lawyer. If an experienced specialist is involved and the grounds are proven, the court generally protects the child’s interests.

Contact “Pravovyi Lider”—and your interests will be protected! Our specialists will explain all the nuances, help you make the right decision, and implement every stage of the procedure.