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Publication date: 17.05.2024
Guardianship over a child is an important institution of family law that ensures the protection of the rights and interests of children who, for certain reasons, have been left without parental care. It provides for the temporary or permanent transfer of authority to raise, support and represent the interests of the child to another person or institution.
How to issue guardianship over a child in Ukraine? The procedure for appointing a guardian is regulated by the Family Code of Ukraine and the Civil Code of Ukraine. It involves several main stages:
1. Submission of an application to the guardianship and guardianship authorities at the child's place of residence. The necessary documents must be added to it, in particular, documents certifying the identity of the future guardian, a certificate of family composition, a certificate of income, a copy of the child's birth certificate, etc.
2. Examination of the residential conditions of the applicant for guardianship and verification of his solvency, lack of criminal record and ability to provide proper conditions for raising a child.
3. Appointment of guardianship and official processing of documents.
It should be noted that the procedure for registration of guardianship over a child in Ukraine may differ slightly depending on specific circumstances.
How to arrange custody of a child with living parents? Such a case is possible if the parents are unable to properly fulfill their parental duties due to illness, lack of housing or other valid reasons. To do this, they must submit an application to the body of guardianship and guardianship, provide consent for the establishment of guardianship and documents confirming the impossibility of proper upbringing of the child.
Guardianship of their own child means that the parents independently choose a guardian for their child in the event of their death, specifying this person in their will. This person must consent to being appointed as her guardian.
During hostilities in Ukraine, the procedure for registering a guardianship over a child continues to operate at the request of parents or relatives who cannot ensure proper upbringing of the child. At the same time, children whose parents have died or are temporarily missing can be urgently placed under guardianship for the period of martial law.
The advantages of guardianship over a child are ensuring his rights and interests, proper upbringing and maintenance in a family environment. On the other hand, guardians have significant legal obligations and costs for child support, which can become a financial burden.
In order to issue guardianship over a child, it is necessary to submit to guardianship and custody authorities documents certifying the identity of the future guardian, his solvency, absence of criminal records, consent of parents (if they are alive) and other documents depending on the specific situation. An examination of living conditions and a check of the ability to provide adequate conditions for raising a child are also carried out.
Therefore, guardianship over a child is an important tool for protecting children's rights in Ukraine. In order to register guardianship, it is necessary to go through the procedure prescribed by law, provide the necessary documents and prove your ability to ensure the interests of the child.
