Parental guardianship

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Consultant # 1306

Lawyer

Ukraine / Kyiv

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Publication date: 23.07.2024

Parental guardianship 

Parental guardianship is an important legal process that protects the rights and interests of persons who need additional assistance and support due to age or health conditions. In Ukraine, guardianship is regulated by law, which defines the procedure for appointing a guardian, his or her duties and rights. In this article, we will look at the main aspects of legal support for parental guardianship, including legal review of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal analysis of the situation and legal advice. 

Checking documents by a lawyer 

Before filing an application for custody, it is important to have your documents reviewed by a lawyer. This will help ensure that the documents submitted to the court are correct and complete. The lawyer checks the availability of the necessary documents, such as medical certificates, disability certificates, birth certificates and other documents confirming the identity and health status of the parents seeking custody. 

The main documents to be submitted when applying for guardianship include:

• Medical certificate of the parents' health status
   
• Decision on the establishment of disability (if any)
   
• Birth certificates of the guardian and the parent in need of guardianship
   
• Documents confirming the guardian's income
   

Any other documents that may affect the court's decision

Legal analysis of documents 

Legal analysis of documents is an important step in the process of appointing a guardianship. A lawyer assesses the submitted documents for compliance with legal requirements. This includes checking the correctness of the documents, the availability of all necessary details and compliance with applicable regulations. Legal analysis of documents helps to identify possible deficiencies and correct them before submitting them to court.

The main aspects that a lawyer pays attention to during the legal analysis of documents:

1. Compliance of the documents with applicable law
    
2. Correctness of document execution
    
3. Availability of the necessary signatures and seals
    
4. Compliance of the data in the documents with the actual circumstances
    

Legal analysis of documents allows you to avoid possible mistakes and ensure a successful trial in court. 

Legal opinion of a lawyer

A legal opinion of a lawyer is necessary to confirm the correctness and legality of documents submitted to the court. The lawyer analyses all the documents provided and provides an opinion that includes recommendations for further action. This helps to avoid legal problems and ensure a successful trial. The legal opinion includes an assessment of the documents, identification of possible risks and proposals for their minimisation.

The main stages of preparing a legal opinion of a lawyer:

• Analysis of the submitted documents
   
• Assessment of compliance of documents with the current legislation
   
• Identification of possible risks and shortcomings
   
• Development of recommendations for further actions
   

A legal opinion of a lawyer helps to ensure a successful trial and protect the interests of parents.

Legal analysis of the situation 

Legal analysis of the situation allows you to assess the legal aspects of the custody case. This includes analysing current legislation, assessing risks and identifying the most effective ways to achieve goals. Legal analysis helps to make informed decisions in difficult situations, such as conflicts between relatives or difficulties in determining the legal status of the guardian.

The main aspects that are considered during a legal analysis of a situation:

• Analysis of current legislation
   
• Assessment of risks and possible consequences
   
• Identification of the most effective ways to achieve the goals
   
• Developing a strategy to protect the rights and interests of parents
   

Legal analysis of the situation helps to make informed decisions and ensure the protection of parents' rights.

Legal analysis of the situation

Legal analysis of a situation is aimed at identifying and assessing the legal aspects of a particular situation. This helps to understand how best to act within the framework of the current legislation. Such analysis includes consideration of various scenarios and their legal consequences. For example, in the event of conflicts between the guardian and the parents‘ relatives, a legal analysis will help to assess possible legal steps to ensure the protection of the parents’ rights. 

Key steps in conducting a legal analysis of a situation: 

• Gathering information about the situation
   
• Analysis of the current legislation
   
• Assessment of possible scenarios
   
• Development of recommendations for further action
   

Legal analysis of the situation helps to avoid legal problems and ensure the protection of the rights and interests of parents. 

Consultation with a lawyer 

Consultation with a lawyer is an important step in the process of appointing a guardianship. The lawyer provides professional advice on the legal aspects of the case, helps you understand the legal requirements and recommendations for action in different situations. The consultation can be both oral and written. The lawyer can provide recommendations on filing applications, paperwork and actions in case of conflicts.

The main advantages of consulting a lawyer:

• Getting professional advice on the legal aspects of the case
   
• Clear explanation of legal requirements and procedures
   
• Development of a strategy for action in different situations
   
• Assistance in preparing documents and filing applications
   

A legal consultation helps to avoid legal problems and ensures a successful trial in court.

Written consultation 

A written consultation is a detailed document containing answers to legal questions and recommendations for action. It includes an analysis of legal norms, the lawyer's conclusions and suggestions for further steps. A written consultation allows you to have documentary evidence of the advice received. This is important in cases where it is necessary to apply to the court or other authorities to protect your rights and interests.

The main stages of preparing a written consultation:

1. Gathering information about the situation
    
2. Analysis of the current legislation
    
3. Developing recommendations for further action
    
4. Drawing up the consultation in the form of an official document
    

A written consultation allows you to have documentary evidence of the advice received and helps to ensure a successful trial in court.

Legal advice

A legal consultation helps you get professional advice on the process of appointing a guardianship. The lawyer provides clarification on legal requirements, helps to resolve legal issues and provides recommendations on how to complete mobilisation tasks. The consultation can be conducted both in person and online. The lawyer can provide advice on preparing documents, participating in mobilisation activities, and protecting the rights and interests of citizens in case of conflict situations.

The main advantages of legal advice:

1. Professional advice on the legal aspects of the case
    
2. Clear explanation of legal requirements and procedures
    
3. Development of a strategy for action in different situations
    
4. Assistance in preparing documents and filing applications
    

Legal advice helps to avoid legal problems and ensures a successful trial in court.

Legal opinion 

A legal opinion is an official document containing an analysis of the legal situation and recommendations for action. The opinion includes an assessment of the compliance of documents and actions with applicable law, identification of possible risks and proposals for their minimisation. It is an important document for making informed decisions. A legal opinion can be used as evidence in court cases or other legal procedures.

The main stages of preparing a legal opinion:

• Analysis of the submitted documents
   
• Assessment of compliance of the documents with the applicable law
   
• Identification of possible risks and shortcomings
   
• Development of recommendations for further actions
   

A legal opinion helps to ensure a successful trial and protect the interests of the parents.