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Messenger Guardianship of a child
If you have a dispute regarding guardianship, the upbringing of a child, the child’s place of residence or for another reason, you 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.
The purpose of establishing guardianship of a child is to place a citizen under 14 years of age who has been deprived of parental care in a family to subsequently ensure his or her rights and interests. In particular, the guardian is entrusted with duties regarding the upbringing, education and maintenance of the ward. In addition, the guardian bears full responsibility for the child’s life and health. Compliance with the requirements imposed on guardians in accordance with current legislation is monitored by a state authority, preventing possible violations. You can find out in detail how to arrange guardianship in Ukraine by following the link: Опека над ребёнком.
- disputes between spouses
- disputes related to children
- alimony collection
- other types of disputes
Before considering questions about how to arrange guardianship of a child, it should be noted that only adults who are legally capable and have no criminal record may be admitted to such a procedure. In addition, the personal characteristics and moral qualities of candidates are taken into account. In this case, family members have a certain advantage, since arranging guardianship for a child for a grandmother or grandfather is generally easier if it does not contradict the ward’s interests. In addition, adult brothers and sisters and other blood relatives can be guardians.
The possibility of establishing guardianship cannot be granted to persons:
- who have been deprived of parental rights;
- forcibly removed from guardianship;
- convicted persons, including those with suspended sentences;
- suffering from serious illnesses (tuberculosis, cancer, etc.);
- registered in psychoneurological medical institutions;
- who abuse alcohol;
- who have a drug addiction.
Regardless of who can be a guardian of a child in Ukraine, not only the intention of the citizen wishing to establish guardianship is taken into account, but also the opinion of the potential ward. Therefore, arranging guardianship for children older than 10 years implies their direct consent.
To find out how to establish guardianship of children and what is required for this, you can contact the lawyers of our company. We will carefully analyze your situation and help prepare the necessary papers. Required documents for guardianship:
- an application submitted on behalf of the prospective guardian;
- a copy of the citizen’s passport;
- a notarized copy of the marriage certificate, if the marital relationship is officially registered;
- a statement of the applicant’s income for the last six months;
- a reference/characteristic from the place of work;
- documents that confirm ownership rights or indicate the availability of rented property;
- a medical certificate issued by a medical institution regarding the applicant’s health (this requirement also applies to other family members whose future residence is planned together with the child);
- a certificate of no criminal record.
Before obtaining guardianship, the applicant must secure the support of all family members living with them, since the written consent of each of them will be required. In particular, the opinion of children who have reached the age of ten is taken into account.
Under current legislation, children left without parental care are entitled to claim material assistance from the state. Payments are transferred to the official guardian but fully belong to the ward. Thus, the received funds may be spent exclusively in the child’s interests. The amount of the allowance, according to the law, is two subsistence minimums.
In cases where the child is entitled to a pension or alimony has been accrued, the amount of the allowance should be determined as the difference between two subsistence minimums and the aforementioned receipts.
To arrange the allowance, you must apply to the social protection authority with an application drawn up on behalf of the guardian, to which the following documents are attached:
- a copy of the decision establishing guardianship, which is issued by the court or the guardianship authority;
- a certificate of the applicant’s family composition;
- a copy of the birth certificate of the ward;
- a certificate of the guardian’s income.
An additional medical certificate will be required if the child has a disability.
The law sets out the following circumstances under which guardianship will be terminated:
- the minor child was returned to the care of the parents;
- the ward reached the age of 14;
- the guardian or his/her ward died;
- other citizens initiated an adoption procedure, more about which you can read here: Процедура усыновления детей в Украине.
In addition, a guardian may be forcibly relieved of his or her duties if the controlling authority’s officers identify certain violations.
By contacting our company, you can consult on all issues related to arranging guardianship with competent and experienced lawyers.