Determining the place of residence of a minor child

Determining the child’s place of residence after parents’ divorce

If spouses who have children together divorce, a decision is made upon the dissolution of the marriage regarding the child’s place of residence, financial support and upbringing. Husband and wife have the right to resolve these matters by mutual agreement.

The right of parents to conclude an agreement regarding child support is established in Article 109 of the Family Code. The agreement may be made orally or in writing. A written agreement on the fulfillment of parental duties by the parent who lives separately from the child must be notarized. The court approves the agreement if it does not violate the child’s property and personal rights.

If the husband and wife cannot reach an understanding, and a dispute arises between them over with whom and on what terms the children will live, the decision is made by the court. During the hearing of the case concerning the child’s upbringing, the opinion of the guardianship authorities is taken into account.

Assistance from a specialist lawyer

Legal assistance in determining the child’s place of residence:

• oral and written consultations regarding the application of family law;
• collection of information for filing the case in court (obtaining references, additional certificates);
• resolving issues with guardianship authorities;
• preparation and filing of a claim;
• representation of the client’s interests in court;
• assistance in obtaining a favorable decision for the plaintiff;
• monitoring the execution and compliance with court orders.

Determining the child’s place of residence in court proceedings

A claim to the court regarding the place of residence of minor children can be filed at the court of the defendant’s place of residence or location. The state fee for filing an application in court is one quarter of the subsistence minimum for able-bodied citizens.

Documents required to determine the address of residence of minors after parents’ divorce in court proceedings:

• application for filing a claim in court;
• child’s birth certificate;
• income statement for the plaintiff for the last six months;
• divorce certificate;
• document confirming enrollment of the children in a preschool or school institution;
• property ownership document or rental agreement for real estate;
• certificate of the child’s medical examination;
• references from work and educational institution;
• conclusions of the juvenile affairs commission on the inspection of living conditions;
• receipt of payment of the court fee.

Additionally, documents confirming the fulfillment of parental duties, upbringing and development of children are provided; statements from relatives, witness testimonies.

Guardianship and custodial authorities check the living conditions of the mother and father, and draw conclusions about with whom, in their opinion, the child will be more comfortable living. The judge takes the commission’s conclusion into account.

The court issues a verdict taking into account the following factors:

• the child’s personal attachment to each parent, sisters, brothers, and other family members;
• the conscientiousness in fulfilling parental duties;
• the spouses’ employment;
• the family’s financial situation;
• references from place of work and residence;
• the parents’ health condition;
• the lifestyle of the mother and father, and instances of alcohol or drug abuse.

According to Article 160 of the Family Code of Ukraine, children over 14 years old have the right to decide themselves whom to live with. The opinion of minors aged 10 to 14 is taken into account.

The court process takes from one to six months.

Which parents can the court not entrust the child to?

In most cases the court decides that the children will live with the mother. The Declaration of the Rights of the Child states that it is not recommended to separate children from their mother without a serious reason. But each case is considered individually.

The court will not leave a child to live with a mother who has no own income, or who abuses alcohol or drugs. If there is evidence of the mother’s immoral behavior, the children are entrusted to the father.

If neither parent meets the criteria or is able to provide for the normal development of the children, the court may entrust the child to the care of grandparents or other family members, with their consent, or place the child under the care of juvenile affairs authorities.

Advantages of cooperating with the law firm «Nakaz»

Our advantages:

• qualified assistance from lawyers – a specialist works with each client, and if necessary, a team of professionals is involved;
• situation analysis, determination of an action strategy;
• competent and informed consultations regarding personal circumstances – possibilities of applying legal norms are determined taking the situation into account;
• prompt handling of documents – matters are resolved in the shortest possible time;
• transparency – the client receives accessible and up-to-date information about the progress of the case.