Establishing custody of the child

Establishing custody of a child in the conditions of martial law in the country is a very topical issue.

Because many children lost their parents due to military operations in the state, and constant shelling of the sleeping areas of the cities of Ukraine, that is, they became orphans and were deprived of parental care.

And therefore, in this article, we will talk in detail about the features and procedure of establishing custody of a child, while taking into account the current legal acts of Ukraine.

How to establish custody of a child?

First of all, it should be noted that guardianship is established for minor children (who have not reached the age of 14), who have been deprived of their parents or became orphans due to the death of their parents, or if they are recognized in a court of law as missing or declared dead.

The institution that decides to establish guardianship over a minor child is the body of guardianship and guardianship.

Such a decision must be made no later than 1 month from the moment when the guardianship authority becomes aware that the minor needs to be placed under guardianship.

Guardianship is established at the place of residence of the guardian or the person in need of guardianship (Part 1, Article 62 of the CCU).

What rights does a minor have if guardianship has been established over him?

• to live together with the guardian and members of his family, close relatives;
• to receive a proper upbringing, full-fledged development, complete secondary education, and respect for one’s human dignity;
• to protect against illegal actions by the guardian;
• to preserve the right to use the housing in which she directly lived until the moment of establishing guardianship over her.

Importantly! If a minor child receives alimony, social benefits, disability benefits, or compensation for the loss of a breadwinner, such payments continue to accrue to him from the moment of custody.

What rights and what are the responsibilities of a guardian about a minor child?

• properly raise the child, take care of his health, physical and spiritual development, and mental state, ensure the child’s needs to provided with a full general secondary education;
• at his discretion, the guardian can determine the methods and methods of raising the child, while necessarily taking into account his opinion and recommendations given by the body of guardianship and guardianship;
• the right to monetary compensation from the state for the provision of guardian services;
• the guardian must not prevent the communication of the minor child with his biological parents and other family members. However, there is a nuance if such communication significantly harms the child, as well as contradicts his legitimate interests;
• the guardian has the right to demand the return of the child from any person who keeps him or her on illegal grounds or by court order.

In what cases can guardianship be terminated?

• if the minor child was adopted by citizens and thus became parents for him;
• when the child reaches 14 years of age. In this case, the guardianship is automatically terminated, and the person who performed the guardianship becomes the guardian. It is not necessary to obtain any special decision from state authorities for this.

Importantly! A person may independently wish to terminate the guardianship and may be relieved of his duties. In this case, she applies to the court or guardianship authorities with a corresponding application. The application is considered within 1 month from the moment of its receipt by the relevant body.

If you want to establish guardianship over a child, then you cannot do so without the help of proven specialists – the “Prikhodko and Partners” law firm.

Our lawyers will analyze your current situation in detail, provide advice on possible further actions, and help establish custody of the child in practice. So do not hesitate to apply!