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Family law Establishment of the fact of independent upbringing of the child by the father

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.

Establishment of the fact of independent upbringing of the child by the father

After February 24, 2022, martial law was introduced in Ukraine, which forever changed the usual life of Ukrainians. From that day, a general mobilization of citizens was announced to defend their Motherland against the invader in the person of the Russian Federation.

Today, a full-scale war in Ukraine has been going on for more than 2 years, and therefore the question of exempting people from military service is increasingly being raised.

One of the common reasons for dismissal in practice is the independent upbringing of a child (children) under the age of 18. This shows the relevance of consideration of this topic for today.

That is why in this article we will talk about how to establish the fact of independent upbringing of a child by the father, by the provisions of the current legislation of Ukraine.

Why should the fact of the independent upbringing of the child by the father be established?

If a person is a single parent and raises his own child independently, he has the right to be exempted from military service in the Armed Forces or to receive a postponement from mobilization during martial law in the country.

This right is enshrined in Art. 26 of the Law of Ukraine “On Mobilization Training and Mobilization”.

However, in order to confirm the postponement of conscription or dismissal from the ranks of the Armed Forces, it is not enough to simply submit an application to the TCC and SP or a superior commander, as in this case, you will receive a refusal to meet the requirements stated in the application.

And therefore, for this, it is necessary to establish in court the fact of the independent upbringing of the child, and only then apply for a deferment from mobilization or exemption from serving in the ranks of the Armed Forces.

That is, only the available court decision provides a legal basis to apply the provisions of Art. 26 of the Law of Ukraine “On Mobilization Training and Mobilization” in practice.

It will also be useful: Confirmation of independent maintenance of the child

How can the fact of the independent upbringing of a child by the father be established by judicial authorities?

In order to apply to the judicial authorities, you must first make a legally correct statement establishing the fact that the child is being raised independently by the father.

It should describe the ultimate goal for which the citizen needs to establish this fact in practice, for example, it can be the registration of social assistance for the child or the decision regarding the future residence of the child with the father.

The application should also include other documents that confirm the fact that the child is raised independently by the father, namely:

the decision of the judicial authorities on the dissolution of the marriage with the child’s mother and establishing the actual place of residence of the child;
an agreement on participation in raising a child, which defines the rights and obligations of each of the child’s parents (if it was concluded between citizens);
a residential lease agreement or documents on ownership of real estate confirming the applicant’s current place of residence;
documents on citizens who live together with the applicant and the child;
an act of inspection of the applicant’s living conditions, from which the proper conditions for the child’s development and his future education as a whole can be seen;
documents about the stay of the child’s natural mother outside the territory of Ukraine and the fact that she does not take an active part in raising the child.

Importantly! Cases related to the establishment of the fact of independent upbringing of a child by a father are considered by a judicial authority within the framework of a separate proceeding, and therefore the parties to the case are the applicants and interested persons.

If you need to establish the fact that the child is being raised independently by the father, you should contact proven lawyers from the Prikhodko and Partners law firm.

Establishment of the fact of independent upbringing of the child by the father

Why should the fact of the independent upbringing of the child by the father be established?

How can the fact of the independent upbringing of a child by the father be established by judicial authorities?

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