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Publication date: 06.05.2024
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In Ukraine, guardianship over children is primarily regulated by the Family Code of Ukraine and other relevant legislation. Here's an overview:
Parents' Guardianship: By default, parents have guardianship over their children. They are responsible for the care,
upbringing, and development of their children until they reach adulthood, which is typically at the age of 18.
Guardianship in Case of Parents' Incapacity or Death: If both parents are deceased or unable to fulfill their parental responsibilities due to incapacity, the guardianship of the child passes to other relatives or individuals designated by the court.
Guardianship by Court Decision: In some cases, when it's deemed necessary for the well-being of the child, the court may appoint a guardian. This can happen if the parents are unable or unwilling to take care of the child, or if there are concerns about the child's safety and welfare.
Guardianship for Orphaned Children: For children who have lost both parents, the guardianship is typically handled by the state or by adoption agencies until a suitable guardian or adoptive parents are found.
Rights and Responsibilities of Guardians: Guardians have legal and financial responsibilities towards the children under their care. They are expected to provide for the child's basic needs, ensure their education, and make decisions regarding their upbringing and welfare.
Termination of Guardianship: Guardianship may be terminated by court order if it is no longer necessary or in the best interest of the child. For example, if the child reaches the age of majority, or if the guardian is found to be unfit or unable to fulfill their duties.
It's important to consult with a legal professional or relevant authorities in Ukraine for specific guidance and procedures related to guardianship over children, as laws and regulations may vary and undergo changes over time.
After the divorce of parents in Ukraine, the issue of guardianship over children is typically addressed through legal proceedings and arrangements that prioritize the best interests of the children involved.
Here's how it generally works:
Custody and Visitation: The court determines which parent will have custody of the children, often based on factors such as the parents' ability to provide for the children's needs, the children's preferences (if they are old enough to express them), and the overall well-being of the children. The parent who does not have custody is usually granted visitation rights, allowing them to spend time with the children.
Joint Custody: In some cases, the court may award joint custody to both parents, where they share responsibility for making decisions about the children's upbringing and welfare. This can include decisions about education, healthcare, and religion.
Child Support: The non-custodial parent is typically required to provide financial support to the custodial parent to help cover the costs of raising the children. The amount of child support is determined by the court based on factors such as the parents' income and the needs of the children.
Guardianship Arrangements: If neither parent is deemed suitable to have custody of the children, or if both parents are unable to fulfill their parental responsibilities, the court may appoint a guardian to take care of the children. This could be a relative, a family friend, or another suitable individual.
Modification of Custody Orders: Custody arrangements are not necessarily set in stone and can be modified if there are significant changes in circumstances that warrant a review of the arrangements. Either parent can petition the court for a modification of custody or visitation rights if they believe it is necessary for the children's well-being.
Mediation and Legal Assistance: In many cases, parents are encouraged to reach agreements regarding custody and visitation through mediation or negotiation, with the assistance of legal counsel if needed. This can help reduce conflict and promote cooperation between the parents for the sake of their children.
It's important for parents to prioritize the needs and best interests of their children when navigating issues of custody and guardianship after divorce. Seeking legal advice from a family law attorney can provide guidance and support through the process.
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