Guardianship of a Child Kyiv

How to Arrange Guardianship of Children?

document – sample – STATEMENT OF CLAIM for divorce
document – sample – STATEMENT OF CLAIM for division of marital property
document – sample – STATEMENT OF CLAIM for deprivation of parental rights
document – sample – STATEMENT OF CLAIM for divorce and recovery of alimony for the maintenance of a minor child

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Guardianship and custodianship are forms of social care for children regulated by Ukrainian law, for children deprived of parental care due to certain circumstances. Guardianship is established when the child has not reached 14 years of age. A guardian acting in the interests of the minor is their legal representative, including in transactions and other legal procedures. Custodianship over children is established for persons aged 14-18. Such persons can participate directly in certain legal procedures, acting with the consent of the custodian.

The purpose of establishing guardianship or custodianship is to protect the rights and interests of minors. The duties of guardians and custodians are equated with parental duties, which implies care for the child’s health and moral development, as well as education and maintenance of the ward.

According to current legislation, guardianship and custodianship may be established for the following categories of persons:

• persons under eighteen years of age in the event of the parents’ death;
• children whose parents were deprived of parental rights by a court decision or are in places of detention;
• persons declared incapacitated due to certain illnesses;
• persons recognized as of limited capacity as a result of alcohol or drug addiction;
• legally capable persons whose impaired health condition does not allow them to fully care for themselves.

A guardian or custodian for a child may be appointed by a government authority or a court on grounds such as:

• parents’ incapacity confirmed by appropriate documents;
• death of the parents or their declaration as deceased by court order;
• parents being declared missing;
• deprivation of parental rights, as a result of which parental obligations cease. These provisions also apply to persons deprived of liberty.

The process of establishing guardianship requires documents whose list is regulated by current procedural rules.

For the child:

1. Copy of the birth certificate.
2. Official documents that can confirm the child’s orphan status, in particular:
   • Death certificates of both parents.
   • Documents issued by the registration authority containing information about the child’s father.
   • Copy of the court decision recognizing the parents as missing, deprived of parental rights, incapacitated, serving a sentence in places of detention or in custody. If the parents were declared deceased by court order, death certificates will also be required.
   • A document confirming that the parents have illnesses that prevent them from fulfilling their duties to raise and/or support the child. Such a conclusion must be issued by a special expert commission.
   • An act drawn up by law enforcement officers regarding abandonment, in case of an abandoned child or one left in a medical institution.
3. Identification number of the minor (if one has been issued).
4. Certificate of family composition issued by the housing maintenance office (ZhEK) or the neighborhood committee.
5. Documents confirming the minor’s ownership rights, particularly real estate.
6. A written inventory of the property belonging to the child prepared by an employee of the child welfare service.
7. Health report and an assessment determining the level of physical and mental development.

For the guardian, the following will be required:

1. Copy of the passport of a citizen of Ukraine.
2. An application, which may also be prepared and signed by both spouses.
3. Copy of the marriage certificate if the husband and wife wish to establish joint guardianship over the child.
4. Income certificate containing information for the last six months.
5. Documents evidencing that the prospective guardian owns real estate and other property.
6. Certificate of completion of a special training course addressing the specifics of interacting with children deprived of parental care.
7. Health certificates of the guardian and certificates of no criminal record for each applicant.
8. Written consent confirmed by all adult relatives living in the same residence as the prospective guardian.

Various disputes about children may arise between parents. Since the law grants parents not only rights regarding their children but also obligations, conflicts may be either about evasion of parental duties or about infringement of parental rights.

Of course, it is better to try to resolve the conflict out of court at first. But very often spouses cannot find a way out of the situation without the help of a court or other competent authorities. In some cases it is possible to avoid court proceedings, but it will be necessary to involve the custodianship authorities. This body has the authority to provide the mother and father with oral or written explanations regarding the family dispute that has arisen between them. However, the conclusions of the guardianship authorities are purely advisory.

The list of the above disputes is not exhaustive. Parents may have other types of disagreements regarding their child. There are also cases that are resolved only in the order of special proceedings (for example, adoption cases).

Services and advantages of the company

During the process of establishing guardianship or custodianship, unforeseen situations often arise that require legal knowledge. With the help of our company, you can avoid bureaucratic delays and proactively eliminate reasons that might lead state authorities to make an unfavorable decision.

If you have a dispute regarding the upbringing of a child, their place of residence or for any other reason, you simply need to use the services of a lawyer. Our specialists have extensive experience in such cases, which will allow them to quickly orient themselves in the situation and find the right solution to your problem.

Cost and timelines for arranging guardianship

The cost of our services and the expected timeframes for processing all documents depend on each individual case and are always agreed upon individually.