Establishing the fact that the child is maintained by the stepfather

According to the current legislation of Ukraine, conscripted citizens (men and women) who are dependent on at least three minors or minor children under the age of 18 are not subject to conscription for military service in the Armed Forces during the period of martial law (Article 23 ZU “On mobilization training and mobilization”).

In view of the specified norm, the judicial authorities began to receive applications to establish the fact of maintenance of children more often, including from their non-natural father (stepfather). What is the relevance of the review of this issue.

Therefore, in this article, experts from the Prikhodko and Partners law firm will explain what the main features of court cases are for establishing the fact that a child is supported by a stepfather.

When does a stepfather become obligated to maintain a child?

The provisions of the Family Code of Ukraine state that parents must support their children until they become adults, i.e. they reach the age of 18 (Article 180 CKU).

That is, according to the general rule, the current legislation of Ukraine provides first of all the duty of biological parents to maintain their own children.

However, if a child has become an orphan because he was deprived of parental care due to the death of his parents and he has no other close relatives, then who should take care of his maintenance?

In this case, the provisions of Art. 268 of the Civil Code, which stipulates that the stepmother or stepfather is obliged to support minors and underage stepsons and stepdaughters who live with them permanently under the following conditions:

• If the dependent children do not have parents, grandparents, brothers and sisters who have reached the age of majority, or if these citizens cannot, for good reasons, provide for their proper maintenance (for example, the presence of a disability or a serious illness in the person);
• If the stepmother or stepfather has the financial ability to provide adequate support for the children. In this context, we are talking about the availability of any real estate in which the children can live, as well as the appropriate financial support for their full education and support.

So,the duty of the stepfather to support the children with whom he lives permanently is not unconditional, as it arises due to a set of legal circumstances that are subject to mandatory proof in the judicial authorities. And only if the applicant proves these circumstances, then it is possible to establish the fact that the child is maintained by the stepfather.

How to establish the fact that a child is supported by a stepfather?

First of all, to establish any fact that has a legal basis It is important to apply to the judicial authorities at the applicant’s place of residence with a corresponding written statement.

The application should be accompanied by evidence that confirms:

• actual maintenance of minor and minor children by the applicant(for example, receipts confirming the payment of the expenses incurred for the child – the purchase of clothes, toys, food, payment for clubs at school, kindergarten, etc.; medical certificates for the payment of the child’s treatment, in case of regular examinations or the appearance of a serious illness; a document from which is considered the permanent place of residence of the children with the stepfather; written testimony of witnesses, confirming the physical inability of the mother to support them, etc.);
• evidence that other close relatives (natural father, grandfather, grandmother, sister, brother) cannot fully support and raise children(for example, a certificate from the state executive service about the existence of arrears in the payment of alimony payments; a certificate of income from which a low level of financial support can be seen; the absence of a certificate of ownership of any immovable property; repeated prosecution of a person for criminal liability and serving a sentence in places of deprivation of liberty, etc.).

Do you still have questions about establishing the fact that the child is being supported by the stepfather?

Under such circumstances, you should contact lawyers from the Prikhodko and Partners law firm.

Our specialists have excellent theoretical and practical knowledge in the field of family law of Ukraine, and therefore will be able to provide the company’s clients with only qualified assistance in the case and obtain a positive court decision establishing the necessary legal fact.

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