How to prove, that the father raises the child independently

In connection with active hostilities throughout the territory of Ukraine, a large number of citizens were forced to temporarily leave their homes and move to a permanent place of residence abroad.

All this contributed to the, that many families could not stand long-distance relationships, and as a consequence, it led to the dissolution of the marriage.

In some cases, the child stays with the father and is being raised by him. And that's why the topic of proving that fact is gaining relevance today, that the father raises the child independently without the participation of the mother.

We will talk about this legal aspect in this informative article.

What is the legal gap in obtaining the status of a father alone?

It is fixed by the provisions of the current Ukrainian legislation, if a man is raising a minor or minor child on his own for up to 18 years, then he is not subject to conscription for military service during general mobilization by Art. 23 ZU "About mobilization training and mobilization".

But, today there is a legal gap at the legislative level, which does not provide a clear definition, of what should be understood by a person, who is raising a child on her own. There is only the concept of "single mother".

Therefore, to resolve this conflict, the Administrative Court of Cassation in case no 822/2446/17 from 13 June 2018 indicated the year, that although the concept of "single father" is not enshrined in the provisions of Ukrainian legislation, in this case, it is possible to apply the analogy of the law regarding the concept of "single mother”, the interpretation of which is given in p. 9 resolutions of the Plenum of the Armed Forces of Ukraine from 06 November 1992 year no 9.

So, for confirm the status of a single parent, the same procedure and documents must be used, which are also necessary to establish the status of a "single mother".

How to prove, that the father raises the child independently?

For, to prove the fact of the independent upbringing of a child, you need to apply to the judicial authorities with a written statement.

Documents and evidence should be attached to the application, which confirms the fact of raising a child independently.

They can be:

• the decision of the judicial authorities on the dissolution of the marriage with the child's biological mother and establishing the actual place of residence of the child;
• information from the migration service about the crossing of the state border by the child's mother;
• evidence of the stay of the child's mother in the temporarily occupied territory of Ukraine;
• the decision of the judicial authorities to declare the mother missing or deceased;
• a certificate from the children's service about, that it is the father who takes care of the child;
• certificate of citizens, who live together with the applicant (father of the child);
• written testimony of witnesses, which confirms the fact of the child's independent upbringing by the father.

Importantly! The above list of documents is individual and depending on the circumstances, arising in the case may be expanded.

If you want to prove the fact of raising a child yourself, contact the lawyers of the "Prikhodko and Partners" law firm.

Our team will analyze the situation, that arose with the client in practice and will help to quickly establish the fact of the independent upbringing of the child because we understand the family law of Ukraine and constantly apply it during legal work.