Publication date: 21.01.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
In Ukraine, the procedure for obtaining custody of a child in the event of the death of a relative is regulated by current legislation.
The Family Code of Ukraine is the main document defining the procedure for the care and guardianship of children. Let's go over the basic steps and procedures:
Appeal to the family court or child guardianship and support body:
In the event of the death of a relative who had custody of the child, it may be necessary to apply to the family court or the child guardianship and support authority (depending on the circumstances and region).
Judicial resolution of guardianship issues:
The court will consider the case and determine who will be the guardian or custodian of the child. The court will consider the interests and well-being of the child when making a decision.
Attachment of documents and evidence:
Persons applying for guardianship must submit the necessary documents and evidence, which may include birth certificates, documents on the relationship with the child, as well as other information that may affect the court's decision.
Participation in the legal process:
Persons claiming custody participate in the court process and present their arguments regarding their ability and willingness to take custody of the child.
Taking into account the wishes of the child's relatives and the child's own opinion:
- The court will take into account the wishes of the child's relatives, if they are identified, or give the child himself the opportunity to express his opinion about custody, if he is of an appropriate age.
- It is important to note that each situation is individual, and the court decides the issue of guardianship taking into account all the circumstances of a particular case.
- If you have a need in this matter, it is recommended that you consult a qualified lawyer or legal counsel for specific advice according to your situation.
Training of guardians:
A person who becomes a guardian may be required to undergo appropriate training or research to determine their ability and readiness to assume custody of a child.
Taking into account the interests of the child:
The court always takes into account the interests and well-being of the child. The decision is made with a focus on what will be best for the child's future development and well-being.
Heirs and other relatives:
If there is no instruction from the deceased relative, the court may also take into account the rights and wishes of other relatives or persons who may claim guardianship.
Appeal of the court decision:
- In case of disagreement with the court's decision, the parties have the right to appeal to a higher legal instance.
- Remember that specific details may vary depending on the circumstances of the case and regional characteristics. In cases of such an important nature, it is recommended to contact a professional lawyer who can provide individualized advice and help with the process of obtaining custody of the child.
- The living conditions that must be provided to the child are determined by certain standards and requirements aimed at ensuring his physical and emotional well-being. Key aspects to look out for include:
Safety and hygiene:
Housing should be safe and hygienic for the child. This means the absence of potential hazards (sharp objects, poisonous substances, dangerous appliances) and ensuring cleanliness and proper care of the living space.
The corresponding housing area:
Provision of sufficient living space for a child's comfortable living. The ratio of the number of bedrooms to the number of residents must meet the standards.
Access to basic living conditions:
A child must have access to the basic conditions of life, such as clean water, heat, lighting and other necessary communications.
Sufficient furniture and equipment:
Housing must be equipped with the necessary furniture and equipment to ensure a comfortable and safe stay for the child.
Access to education and cultural opportunities:
Providing opportunities for education and participation in cultural and entertainment events.
Safe environment and social support:
It is important to create a safe and supportive environment for the child, taking into account their emotional and social needs.
These aspects are general and specific requirements may vary depending on local laws and standards. However, it is important to always take into account that living conditions should contribute to the health, development and general well-being of the child.
