Is it possible to deprive a mother of parental rights if the child has long lived with the father — court decision
The mere fact that the child lives with the father, the mother's lack of proper participation in her upbringing, and even the conclusion of the guardianship authority about the advisability of depriving parental rights are not sufficient grounds for applying such a measure. Deprivation of parental rights is an exceptional measure and is allowed only when it is proven that the mother or father consciously and culpably evades fulfilling their duties, and when it corresponds to the best interests of the child. At the same time, the obligation to support the child remains regardless of whom the child lives with. This conclusion was reached by the Komunarsky District Court of Zaporizhzhia.
The father of the minor child filed a lawsuit to deprive the mother of parental rights and to recover child support from her. He stated that the daughter has been living with him since February 2022, and her place of residence was determined together with the father by a court decision in 2023. According to the plaintiff, the mother does not participate in the child's upbringing, does not care about her health and education, does not provide financial assistance, and has effectively withdrawn from fulfilling parental duties. To support his claims, he provided documents from the educational institution, medical documents, evidence of his financial support, and also referred to the conclusion of the guardianship authority, which supported depriving the mother of parental rights and recovering child support.
What the court established
During the case review, the court established that the child indeed lives with the father, who provides proper living conditions, education, and care. According to the certificate and characteristics from the educational institution, the father maintains constant contact with teachers and actively participates in the educational process, while the mother does not participate in the daughter's education. The court also considered the child's opinion, who reported feeling comfortable in the father's family but would like to maintain relations with the mother if it depends on her behavior.
Why the court refused to deprive parental rights
The court emphasized that although circumstances of the mother's improper fulfillment of parental duties were established during the case, this alone is insufficient to deprive her of parental rights. Such a measure is extreme and can only be applied if there is sufficient evidence of conscious and culpable evasion of parental duties, if changing the mother's behavior is impossible, and if maintaining the legal relationship between her and the child contradicts the child's best interests. According to the court, such evidence was not present in case 333/4785/25.
Separately, the court disagreed with the conclusion of the guardianship authority, considering it insufficiently substantiated. The document contained general conclusions about the mother's improper fulfillment of parental duties but lacked arguments indicating the necessity of applying such an extreme measure as deprivation of parental rights. Moreover, the conclusion did not present circumstances confirming the mother's conscious and intentional evasion of her duties or the impossibility of restoring her participation in the child's upbringing.
The court also noted that the plaintiff did not prove how depriving the mother of parental rights would ensure more effective protection of the child's rights and interests or lead to improved living, upbringing, or development conditions. Meanwhile, the child's place of residence has already been determined together with the father by court decision, and issues of traveling abroad or registering the place of residence can be regulated by other legal mechanisms without applying such an exceptional measure.
Why the court ordered child support
At the same time, the court noted that the obligation of both parents to support the child does not depend on whom the child lives with. Since the mother voluntarily did not provide financial assistance for the daughter's maintenance, the court granted the claim in this part. Child support was recovered from the mother in the amount of one-quarter of all types of her earnings (income), but not less than 50% of the subsistence minimum for a child of the corresponding age, starting from the date of filing the claim — June 3, 2025 — until the child reaches adulthood. The decision regarding the recovery of child support within one monthly payment is subject to immediate enforcement.
Thus, the Komunarsky District Court of Zaporizhzhia partially satisfied the claim: it refused to deprive the mother of parental rights but ordered her to pay child support for the minor daughter.
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