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Family law A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment

Sulyk Roman

Head of family law practice

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sulyk@prikhodko.com.ua

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An attorney with extensive experience specializing in complex family disputes. As Head of Practice, he combines deep legal expertise with a personalized approach to every client. He ensures strategic protection of family interests and delivers impeccable results in the most challenging cases.

A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment

In the edition of the new Law “On Mobilization and Mobilization Training”, Article 23 has undergone certain changes and clarifications, which relate to the granting of deferment to persons due to family circumstances.

If earlier the concept of “independent upbringing of a child (children) under the age of 18” was not clearly established in the law and could be interpreted ambiguously, now we see an exhaustive list of circumstances under which a person is considered a single mother or father.

We will consider the changes related to the registration of the fact of independent upbringing of a child in more detail in this article.

When is a person considered a mother or father – single?

After analyzing the text of the new law, it can be noted that a woman or man will be considered to be raising a child independently if:

Another parent died;
The other parent is deprived of parental rights;
The other parent is recognized as missing or missing;
Another parent was declared dead;
The sentence is served in places of deprivation of liberty;
An entry has been made about the father in the Birth Registration Book by part 1 of the Code of Ukraine;
There is a court decision establishing the fact of independent upbringing and maintenance of the child.

Let’s stop separately and consider the last reason.

A court decision on the independent upbringing and maintenance of a child can be issued in a separate proceeding (establishment of a legal fact) in the case of a divorce of parents or in other situations when it is considered the most expedient for the well-being of the child.

Establishing the legal fact of the child being the sole support of the father (mother) may be necessary for the preparation of documents for receiving social assistance for the child, as well as for other circumstances in which it is necessary to establish this legal fact.

How does the court process take place?

To establish a certain legal fact, it is necessary to apply to the relevant court with a statement drawn up by the norms of the Civil Code of Ukraine and attachments that confirm the circumstances stated in the procedural document.

Such documents in this category of cases can be:

Court decision or divorce certificate;
Court decision on establishing the child’s place of residence;
Notarized agreement of parents on participation in the upbringing and maintenance of the child;
Lease agreement;
Testimony of witnesses;
Other circumstances that confirm that the other parent avoids raising and participating in the child’s life.

For your application not to be left without movement/without consideration or not to be refused the satisfaction of this application, it is necessary to correctly issue all the necessary procedural documents by the current legislation.

In addition, it is necessary to substantiate the stated circumstances and attach the necessary evidence base.

To avoid negative risks, we recommend contacting professional lawyers and lawyers of the Law Company “Prikhodko and Partners”, who will accompany the entire legal process from the very beginning until the moment of receiving a court decision.

I have a court decision on divorce and/or determining the child’s place of residence – am I considered a mother (father) – single?

The court’s decision to establish the fact of independent upbringing and maintenance is a separate court case.

The existence of other court decisions on divorce/payment of alimony/determination of the place of residence of the child may be taken into account by the court in the process of proving the circumstances of the party, but they are not mandatory for the establishment of a legal fact. Each case is individual.

We emphasize that the presence of only the above-mentioned decisions does not prove the fact of the independent upbringing of the child.

Instead of a conclusion

An important aspect of ensuring the well-being of the child and taking into account the interests of the parents. Considering the importance of the parent’s role in the development and upbringing of the child, the court’s decision on independent upbringing and maintenance can be considered as a basis for receiving a postponement of military service from the standpoint of humanitarian values.

This allows parents to provide appropriate conditions for the child’s development and well-being without the need to participate in military operations or long-term deployments away from their place of residence.

Calculate the cost of services

1 question

Do you have a court decision or divorce certificate?

Yes

2 question

Is your child 18 years old?

Yes

3 question

Do you want to receive a court decision establishing the fact of independent upbringing of a child?

Yes

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Family law

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against a court decision on divorce Appeal against the decision of the Medical and social expert commission Appeal against the refusal to register permanent care Appeal of inheritance contract Appealing a court decision on deprivation of parental rights Appealing the decisions and actions of the notary when registering the inheritance Applying for a deferment for a guardian of a person with a disability Arrange permanent care for an elderly person Automatic acceptance of inheritance Care on a non-professional basis for parents Certificate of child maintenance by stepfather Certificate of establishment of the fact of providing care for obtaining a deferral Certificate of last place of residence of the deceased CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES Challenge a will Change of surname to maiden name after divorce Changing a child’s last name during adoption Changing the child’s last name Changing the child’s surname without the consent of the father Changing the surname of a child up to 14 years old Claim for property division COLLECTION OF ALIMONY Collection of alimony from a person residing abroad Collection of alimony from seafarers abroad Conclusion of a marriage contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE Conclusion of the MAC on the need for permanent external care Confirmation of independent maintenance of the child Constant care for a wife with disability group II Consultation of a lawyer on issues of surrogacy in Ukraine Contesting paternity and excluding information from the child’s birth record Contesting the gift contract Crossing the border on the basis of the act of establishing the fact of providing care Custody of the property of a person who is recognized as missing Declaration of a missing person Declaring a relative missing Deferral from mobilization based on the 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Postponement Probate lawyer PROCEDURE FOR CARE OF THE DISABLED GROUP 2 Procedure for establishing guardianship Proving the fact of maintenance of an illegitimate child Provision of care for children with disabilities in Ukraine Receiving an inheritance in Ukraine if you are abroad Receiving compensation by the heir for damaged or destroyed property Recognition of a foreign divorce decree in Ukraine Recognition of a person as incapable and appointment of a guardian RECOGNITION OF A PERSON AS MISSING OR DECEASED Recognition of a person as partially disabled Recognition of inheritance as dead Recognition of ownership rights over the deceased Recognition of paternity for the collection of alimony abroad Recognition of paternity through the State Civil Registry Office Recognition of the right to inheritance Reduction of alimony Refusal of inheritance in favor of another person Registration of a child born through reproductive medicine REGISTRATION OF A DONATION (DONATION AGREEMENT) Registration of care for a father: algorithm of actions Registration of care on a non-professional basis Registration of divorce abroad Registration of guardianship over a disabled child Registration of guardianship over a disabled person of the 1st group Registration of guardianship over a disabled person of the 2nd group Registration of guardianship over an elderly person Registration of inheritance Registration of inheritance in the occupied territory REGISTRATION OF PERMANENT CARE – 2025 Registration of permanent care for the wife REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS Registration of the birth of a child in the occupied territory Registration of the birth of a child in the surrogate motherhood program in Ukraine Reissue of marriage certificate Removal of seizure from immovable property in an inheritance case Renewal of parental rights Renewal of permanent care Renewal of the birth certificate Representation in the guardianship and guardianship authorities REPRODUCTIVE MEDICINE LAWYER Restriction of parental rights Return of the child to the parents Returning a child to parents from social services abroad Setting a schedule of visits with your child Statement of claim for collection of alimony for a child Statement of claim for deprivation of parental rights Statement of claim for the adoption of a child Statement of claim for the removal of seizure from inherited property Support for divorce in Poland Support for registration of marriage with a military man Support in determining the place of residence of a child with his biological father Surname change after marriage with a foreigner Termination of parental rights by father’s consent THE TRANSFER OF LAND BY INHERITANCE THE TRANSFER OF REAL ESTATE TO INHERITANCE Travel abroad of a guardian of a disabled child Travel abroad of a guardian of an incapacitated person Turnkey divorce URGENT DIVORCE Voluntary relinquishment of parental rights