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Whether a military man will be dismissed from service if he has a third child

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Publication date: 23.08.2024

Will a military man be dismissed from service if he has a third child - legal aid

Men who have three or more minor children to support are entitled to deferment from mobilization. However, is the birth of a third child a sufficient reason for the demobilization of a serviceman?

In this article, we will take a detailed look at all aspects of this process and provide a legal assessment of the situation.

Is it possible to resign from service if the wife is still pregnant with the third child?

Under the conditions of martial law in Ukraine, the issue of the release of military personnel is regulated by Article 26 of the Law of Ukraine "On Military Duty and Military Service". According to this law, one of the grounds for dismissal is the presence of three or more children under the age of 18 who are dependent on a serviceman.

The pregnancy of the wife is not equated with the presence of a third child and is not a reason for dismissal from military service.

Documentary confirmation of the presence of three children is possible only by providing a birth certificate of the child(ren) indicating the paternity of the serviceman.

If the wife is pregnant with the third child, the serviceman is considered to have only two dependent children, so he is not entitled to discharge until the child is born.

How to leave military service after the birth of a child

After the birth of the third child, a military serviceman can exercise his right to discharge from military service, provided for by the current legislation of Ukraine. To do this, you need to submit documents confirming paternity and make sure that there is no arrears on alimony, which should not exceed the amount of payments for three months.

Military servicemen who plan to be discharged in the presence of three or more children should carefully monitor changes in legislation and prepare the necessary documents in advance. Consultations with lawyers and responsible persons in military units will help to avoid misunderstandings and ensure timely release.

Lawyer's advice on the dismissal of a military man from service due to the birth of a third child

Consultation of a lawyer regarding the dismissal of a military man from service due to the birth of a third child will help to correctly draw up the necessary documents, understand your rights and obligations, and also avoid possible legal problems. A lawyer can provide support in the preparation of an application for dismissal, check compliance with legal requirements and help clarify all the details of the dismissal process in order to protect your interests during the procedure.

Current questions - answers

Questions

Am I entitled to dismissal after the birth of my third child?

Answer

Yes, according to the legislation of Ukraine, after the birth of the third child, a serviceman has the right to be dismissed from service.

Questions

What documents are required for dismissal after the birth of the third child?

Answer

You need to submit the child's birth certificate and other documents confirming paternity, as well as documents on the absence of child support arrears.

Questions

Is it possible to resign from service if the third child is not yet born, but the wife is pregnant?

Answer

No, the wife's pregnancy is not a reason for dismissal from service; the right to exemption is granted only after the birth of a child.

Pros of cooperation with lawyers in matters of dismissal from service after the birth of the third child

Cooperation with lawyers in matters of dismissal from service after the birth of the third child has several advantages:

  • Legal advice: Legislation can change frequently and lawyers provide up-to-date information and explain how new regulations affect your right to be exempt.
  • Protection of rights and interests: A lawyer can represent your interests in case of disputed situations or refusal of dismissal, helping to achieve a fair resolution of the issue.
  • Time Savings: Hiring a lawyer can significantly reduce the time you spend on paperwork and eviction procedures, allowing you to focus on your family.
  • Avoiding legal mistakes: Professional support helps to avoid legal mistakes that can delay or complicate the dismissal process.
  • Psychological comfort: Understanding that your issue is being resolved by professionals reduces stress and increases confidence in a successful outcome.

How to use the services of a military lawyer in Kyiv

Our lawyers apply an individual approach to each case to ensure maximum protection of your rights and effective resolution of the problem. We understand how important it is for you to receive qualified assistance, so we suggest you contact us for a detailed consultation.

 

Call +380637375800 and we will be happy to provide all necessary support and help you in solving your legal issues. Your rights are our concern!

Conclusion

A military serviceman has the right to be dismissed from service after the birth of a third child in accordance with Ukrainian legislation. Wife's pregnancy is not a reason for dismissal. To apply for a release, you need to provide a child's birth certificate and confirm the absence of child support arrears. Legal consultation will help to prepare documents correctly, monitor changes in legislation and avoid legal mistakes, ensuring an effective resolution of the issue. Military lawyer online, legal advice during war, military lawyer services, military lawyer Kyiv.

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