A guardianship lawyer

Since the Russian Federation’s full-scale invasion of Ukraine, a significant number of both civilian and military citizens have been killed or seriously injured, resulting in the appropriate degree of disability for the individual.

Many children were deported to the country of the aggressor, and some lost their parents forever due to hostilities and became orphans. In connection with these events, many people have questioned of how guardianship can be formalized today and how it can be implemented in hostilities in the country.

In such cases, one cannot do without the help of qualified family lawyers – the legal company “Prikhodko and Partners”, because not every person will be able to independently understand the intricacies of guardianship, taking into account the legal acts of Ukraine.

What is the procedure for establishing guardianship in Ukraine?

Legal regulation of guardianship and care in Ukraine is carried out in accordance with the provisions of the Central Committee of Ukraine, the Central Committee of Ukraine, the Federal Law on Childhood Protection, and other legal acts, which determine the procedure for establishing guardianship and guardianship.

What are the features of the guardianship registration procedure during martial law?

To date, in connection with the introduction of martial law in the country, the procedure for establishing guardianship and care has not undergone significant changes, only a simplified system of guardianship of children is in effect. This is due to the fact that during the evacuation of citizens from the war zone or temporarily occupied territories, cases where parents die and children remain orphans have become increasingly common.

Resolution No. 349 of the CMU dated March 22, 2022 states that during the period of martial law in the country, children who have lost their parents and are left without their care can be placed in foster families or orphanages.

Also, the state has simplified the procedure for establishing guardianship over a child specifically for its relatives, since from now on it is not necessary to submit a certificate about the absence of a criminal record of the future guardian.

Persons who wish to become guardians and at the same time have family ties with the child submit an application to the body of guardianship and guardianship at their place of residence or actual stay and indicate that they do not have a criminal record.

However, it is worth remembering that it is the guardian who is responsible for the provided information, and therefore, if it is not true, such a person may be deprived of guardianship in the future.

In addition, godparents of a child during martial law in the country can also take care of a child who has lost his parents.

What is the difference between custody and care?

Custody and care are not identical concepts, and therefore they have their differences.

Thus, guardianship is established over minors who have not reached the age of 14 and have been deprived of parental care, and natural persons who have been recognized by the court as incompetent.

Guardianship is established over minors who were deprived of parental care at the age of 14 to 18 and natural persons whose legal capacity is limited.

Advice! If you want to establish guardianship or custody of a child, be sure to contact the law firm “Prykhodko and Partners”. We will advise you on all issues that will arise in the process of cooperation.

What requirements does the law set for a future guardian or custodian?

The Civil Code of Ukraine stipulates that only a natural person who has full civil capacity and understands the consequences of establishing guardianship can be a guardian or custodian.

In addition, such a person must necessarily give his written consent that he has a valid desire to become a guardian and custodian.

It is also worth noting that in practice the majority of appointed guardians and custodians are persons who have family and kinship relations with the person while taking into account the possibility of fulfilling the future duties of a guardian or custodian.

One or several guardians and custodians may be appointed for one person.

What is the role of a lawyer in the process of registration of guardianship or guardianship?

Usually, the procedure for registration of guardianship or guardianship in practice takes a considerable period of time, and its success depends on the correctness of the submitted documents and the circumstances that indicate the need to establish guardianship or guardianship for a person.

Therefore, in order to guarantee future success in the case, the best option is to obtain qualified legal services from the Prikhodko and Partners law firm.

What you get by cooperating with us:

• Detailed analysis of your situation and initial consultation on it;
• Qualified assistance in preparing the necessary package of documents;
• Representation of your interests both in guardianship and guardianship bodies and in court;
• Reliable protection of rights and interests;
• Appealing court decisions, decisions of guardianship and guardianship authorities, etc.

Thus, turning to “Prikhodko and Partners” gives you the opportunity to receive really high-quality and qualified legal assistance. To receive consultations, fill out the application form below!