Publication date: 23.05.2024
Conclusion of a child support agreement and determination of place of residence
Divorce of parents is a difficult period not only for spouses, but also for their children. That is why Ukrainian legislation provides for the possibility of settling issues related to the maintenance and education of minors by concluding a contract. Such an agreement allows determining the child's place of residence and establishing the rights and obligations of divorced parents in terms of ensuring proper conditions for their development.
The agreement on maintenance and education of the child is an official agreement that regulates the participation of each parent in the financial support, education and development of the child after the divorce. It can be concluded both before and after the divorce. In Ukraine, a child maintenance agreement is subject to notarization and has legal force.
One of the key aspects of such a contract is determining the child's place of residence. The place of residence of children upon divorce can be determined with the mother or father, or even by their alternate residence with each of the parents. When determining the place of residence of children, the wishes of minors who have reached reasonable age, affection for each parent, age, state of health, etc. are taken into account.
The agreement on the upbringing and maintenance of the child may provide for various options for determining the child's place of residence. For example, determining the place of residence of the child with the father or mother in the case of separate residence of the parents. Or determining the place of residence of a child after a divorce exclusively with one of the parents.
In addition to determining the place of residence, the agreement on participation in the upbringing and maintenance of the child may specify other important aspects: the amount of alimony or other financial assistance from one of the parents, the schedule of visits and communication with the child for the parent with whom the child will not live, the procedure resolution of disputed issues in the future, etc.
The advantage of concluding a child maintenance agreement is the opportunity to independently settle all disputed issues on favorable terms for both parties. At the same time, the child's interests are properly protected, because his needs for communication with both parents and adequate financial support are met.
Therefore, an agreement on child maintenance and determining the place of residence after divorce is an effective tool for protecting the rights of minors and preserving harmonious relations between parents. It ensures the constant development of the child in an atmosphere of love and care of both parents, despite the termination of the marital relationship between them.
