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CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE

CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE

The question of who a child will live with after the divorce of parents is one of the most painful and difficult to resolve.

The Law of Ukraine 2947-III (hereinafter referred to as Law 2947-III) regulates this aspect in detail, ensuring a balance between the interests of the child and the rights of the parents.

Regulatory and legal regulation:

  1. Children under 10 years old:

The legislation gives parents the right to independently determine the place of residence of a child until the child turns 10. That is, it is the parents who jointly decide with whom the child will live. However, in case of differences of opinion, the final decision is made by the court.

  1. Children from 10 to 14 years old:
  • Joint solution: When a child reaches the age of 10, their opinion becomes important. Together with their parents, they participate in deciding where they will live.
  • The role of the child: Although the final decision is made jointly, the child’s opinion should be heard and taken into account. This helps to form a sense of self-esteem and responsibility in the child.
  1. Children from 14 years old:

From the age of 14, a child acquires the right to independently determine which parent he wants to live with. This is due to the fact that the teenager already has enough consciousness to realize the consequences of his choice.

Taking into account the opinions of parents

Although the final decision is up to the child, parents can still influence their choice by discussing all the pros and cons with them.

If parents cannot agree on who their child under the age of 10 will live with, the matter is resolved in court. The court, based on the child’s interests, makes a decision that is binding on both parents.

If a child is ten years old but has not yet reached the age of fourteen, the issue of their place of residence is decided by mutual consent of the parents and the child. That is, the child’s opinion is already taken into account when making such an important decision.

Basic principles for determining the place of residence of a child:

  • When deciding on the child’s place of residence, the court, guardianship and trusteeship bodies, and the parents themselves must be guided primarily by the child’s interests. This means that the place of residence must be chosen in such a way as to ensure the child’s physical, mental, and social development to the greatest extent possible.
  • Reaching an agreement between the parents regarding the child’s place of residence is the best option. However, if the parents cannot agree, the matter is resolved in court.
  • The age of a child has a significant impact on the procedure for determining their place of residence.

Children’s Services play a key role in resolving disputes over the child’s place of residence. They conduct a comprehensive assessment of the child’s living conditions with each party, analyzing the material and living conditions, the emotional climate in the family, and the parents’ ability to ensure the child’s comprehensive development.

Based on the examination, the services provide the court with reasoned recommendations regarding the best interests of the child.

Factors taken into account when determining the child’s place of residence:

  • The child’s emotional connection with each parent: The court assesses which parent the child has a stronger emotional bond with.
  • Material living conditions of each parent: The court takes into account whether each parent will be able to provide the child with adequate living conditions.
  • Moral qualities of parents: The court evaluates the moral qualities of the parents and their ability to provide the child with proper upbringing.
  • Child’s opinion: If the child is ten years old, the court must take into account their opinion regarding who they want to live with.

Alternative to court: agreement on the child’s place of residence

Parents have the right to determine the future of their children after a divorce. This right includes the ability to conclude an agreement on which of them the child will live with.

Such an agreement regulates in detail all aspects related to the upbringing of the child. Such an agreement helps resolve this issue peacefully, without litigation, and provides stability for the child.

If you have any questions about determining the child’s place of residence, it is recommended that you seek advice from qualified lawyers at Prikhodko and Partners.

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Heritage with a foreign element Receiving compensation by the heir for damaged or destroyed property Certificate of last place of residence of the deceased Apostille and consular legalization of inheritance documents Registration of inheritance in the occupied territory Recognition of paternity for the collection of alimony abroad Collection of alimony from seafarers abroad Notarized agreement on child support and upbringing Constant care for a wife with disability group II Legalization of a divorce certificate issued abroad Marriage contract with a foreigner Inheritance in Ukraine for Ukrainian citizens living abroad Obtaining a border crossing permit in EU countries for minor children Obtaining the MAC Conclusion in form 080-4/o Certificate of establishment of the fact of providing care for obtaining a deferral Deprivation of parental rights abroad Recognition of paternity through the State Civil Registry Office Exemption from paying alimony Applying for a deferment for a guardian of a person with a disability Recognition of a foreign divorce decree in Ukraine Issuance of duplicate certificates and extracts from the Civil Registry Office Recognition of the right to inheritance Recognition of ownership rights over the deceased Support in determining the place of residence of a child with his biological father Appealing a court decision on deprivation of parental rights Custody of the property of a person who is recognized as missing RECOGNITION OF A PERSON AS MISSING OR DECEASED Contesting paternity and excluding information from the child’s birth record Setting a schedule of visits with your child Apostille for death certificate Statement of claim for the adoption of a child Certificate of child maintenance by stepfather Establishing the fact of family relations Appeal against the refusal to register permanent care Establishing paternity after the death of a military person Establishing the fact of family relationships to receive compensation in connection with the death of a serviceman Travel abroad of a guardian of an incapacitated person Travel abroad of a guardian of a disabled child Receiving an inheritance in Ukraine if you are abroad Renewal of permanent care Registration of care for a father: algorithm of actions Obtaining a death certificate Obtaining a marriage certificate again Obtaining a duplicate birth certificate Extension of the deadline for accepting an inheritance Reissue of marriage certificate Marriage certificate abroad Automatic acceptance of inheritance Gift agreement between relatives Gift agreement for a minor child Collection of alimony from a person residing abroad Declaration of a missing person Divorce if one of the spouses disappeared during hostilities Turnkey divorce Registration of permanent care for the wife Deferral from mobilization based on the conclusion of the MAC Declaring a relative missing Accompanying a person who needs constant care abroad Divorce without the presence of one of the spouses Conclusion of the MAC on the need for permanent external care Dissolution of marriage at the registry office or through the court Conclusion of a marriage contract Division of marital property: Crypto assets Proving the fact of maintenance of an illegitimate child Establishing the fact that the child is maintained by the stepfather Establishing the fact of child maintenance URGENT DIVORCE Appeal against a court decision on divorce How to establish the fact of residence by one family? Registration of the birth of a child in the surrogate motherhood program in Ukraine Establishing the fact of family ties through the court Establishing paternity through the court Marriage registration under martial law Termination of parental rights by father’s consent Deprivation of the mother’s parental rights Guardianship of an incapacitated person Permanent care for a disabled person of the 2nd group as a basis for postponement Statement of claim for deprivation of parental rights Voluntary relinquishment of parental rights Divorce online Registration of divorce abroad Consultation of a lawyer on issues of surrogacy in Ukraine Support for divorce in Poland Guardianship of disabled parents Legalization of a marriage concluded in Poland Arrange permanent care for an elderly person Guardianship over parents as a basis for postponement Permanent care for an elderly person. Postponement Surname change after marriage with a foreigner Changing the child’s last name Changing a child’s last name during adoption Change of surname to maiden name after divorce Changing the surname of a child up to 14 years old Changing the child’s surname without the consent of the father A court decision on independent upbringing and maintenance of a child as a basis for obtaining a deferment Division of foreign assets upon divorce Confirmation of independent maintenance of the child Establishment of the fact of independent upbringing of the child by the father Annulment of birth certificate Legal support for the adoption of a child Legalization of a marriage concluded abroad Adoption of the wife’s child from the first marriage Support for registration of marriage with a military man Agreement on maintenance and education of a child Agreement on the division of marital property Permanent care for a disabled person of the 1st group Statement of claim for collection of alimony for a child A statement of claim for recognition of a person as having lost the right to use residential premises Claim for property division Distribution of property upon divorce in Ukraine A statement of claim for the recognition of a person with limited legal capacity A statement of claim to declare a person incapable A lawsuit to declare a person incapable Obtaining a MSEC certificate of disability Obtaining a certificate of MAC on permanent care Establishing the fact of living in the same family with the testator Apostille on the marriage certificate Apostille on the birth certificate Establishing the order of participation in raising a child Family mediation (mediation in family disputes) Accompaniment of a lawyer in the children’s service Legal support for marriage registration in Ukraine Making changes to the act record of the birth of a child Refusal of inheritance in favor of another person Adoption of an adult Renewal of the birth certificate Appeal against the decision of the Medical and social expert commission Registration of the birth of a child in the occupied territory Inheritance lawyer abroad Registration of care on a non-professional basis Recognition of a person as partially disabled Registration of guardianship over an elderly person Registration of guardianship over a disabled person of the 1st group Recognition of a person as incapable and appointment of a guardian Establishing guardianship over a child through the court Registration of guardianship over a disabled person of the 2nd group Establishing custody of the child Establishment of guardianship in court Care on a non-professional basis for parents Procedure for establishing guardianship Registration of guardianship over a disabled child Establishment of guardianship over the property of an incapacitated person Recognition of inheritance as dead Establishing the fact of non-acceptance of inheritance Establishment of guardianship over an incapacitated person Establishment of guardianship over the mother Establishment of guardianship over a disabled person of the 2nd group A claim for guardianship Establishment of guardianship Establishment of guardianship over an elderly person Statement of claim for the removal of seizure from inherited property Fast increasing the amount of child support FAMILY LAWYER IN ITALY FOR UKRAINIANS Family lawyer in Germany: protecting the interests of ukrainian citizens Provision of care for children with disabilities in Ukraine Removal of seizure from immovable property in an inheritance case Reduction of alimony Appeal of inheritance contract Obtaining the conclusion of the Medical Advisory Committee: stages, necessary documents and step-by-step legal assistance Return of the child to the parents Returning a child to parents from social services abroad Establishing the fact of paternity after death Establishing the fact of living as one family Establishing the fact of paternity A guardianship lawyer CERTIFICATE OF THE FATHER OF MANY CHILDREN IF CHILDREN ARE FROM DIFFERENT MARRIAGES CERTIFICATE OF PARENTS OF A LARGE FAMILY AS A BASIS FOR CROSSING THE BORDER Crossing the border on the basis of the act of establishing the fact of providing care MARRIAGE DISSOLUTION SERVICES ABROAD Establishing a legal fact in court in accordance with Ukrainian legislation PROCEDURE FOR CARE OF THE DISABLED GROUP 2 DIVISION OF PROPERTY IN DIVORCE DIVORCE COLLECTION OF ALIMONY APOSTILLE AND LEGALIZATION OF DOCUMENTS IN UKRAINE APOSTILLE ON THE DECISION OF THE COURT Registration of a child born through reproductive medicine Obtaining a certificate of marital status OBTAINING A CERTIFICATE OF A FATHER WITH MANY CHILDREN REGISTRATION OF PERMISSION FOR THE CHILD TO GO ABROAD FROM ONE OF THE PARENTS REPRODUCTIVE MEDICINE LAWYER Legal support of surrogate motherhood THE TRANSFER OF REAL ESTATE TO INHERITANCE ESTABLISHMENT OF FUNDS AND TRUSTS THE TRANSFER OF LAND BY INHERITANCE REGISTRATION OF A DONATION (DONATION AGREEMENT) INHERITANCE OF BANK DEPOSITS ESTABLISHING THE FACT OF DEATH IN TEMPORARY OCCUPATED TERRITORIES Appealing the decisions and actions of the notary when registering the inheritance Renewal of parental rights Contesting the gift contract CONCLUSION OF THE CONTRACT FOR THE MAINTENANCE OF THE CHILD AND DETERMINATION OF THE PLACE OF RESIDENCE REGISTRATION OF PERMANENT CARE – 2025 Challenge a will DIVORCE SERVICES Restriction of parental rights Representation in the guardianship and guardianship authorities Division of property in case of divorce Deprivation of parental rights Establishing or challenging paternity Inheritance disputes Probate lawyer Invalidation of a marriage Registration of inheritance Marriage contract Estate Litigation Attorney