Publication date: 23.05.2024
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Registration of guardianship over a child in Ukraine is an important legal process regulated by the Family Code of Ukraine and other regulatory acts. Here are the main aspects you need to know about guardianship:
Grounds for registration of guardianship
1. Lack of parental care:
- the child's parents are dead, deprived of parental rights, recognized as incompetent or missing.
- parents do not fulfill their parental duties for a long time.
2. The need for guardianship:
- the child was left without parental care and needs protection of his rights and interests.
Candidacy of guardian
1. Who can be a guardian:
a) relatives of the child (grandparents, aunts, uncles);
b) other persons who are willing and able to take care of the child.
Requirements for the guardian: legal capacity, no criminal record, compliance with moral and ethical standards, availability of housing and sufficient income to support the child.
Guardianship registration procedure:
1. Appeal to the guardianship authority. Submission of an application to become a guardian to the guardianship and guardianship authority at the place of residence of the child or potential guardian.
2.Collection of necessary documents:
a) passport or other identity document;
b) a certificate of no criminal record;
c) medical certificate on health status;
d) documents confirming family relationships (if any).;
e) certificate of income or other documents confirming financial capacity.
3. Examination of living conditions. Representatives of the guardianship authority examine the living conditions of the potential guardian to determine the possibility of providing adequate care for the child.
4. Conclusion of the body of guardianship and guardianship. On the basis of the collected documents and the results of the examination, the guardianship body draws a conclusion on the possibility of appointing a guardian.
5. Court decision. An application for the appointment of guardianship is submitted to the district (city) court. The court considers the case and makes a decision on the appointment of a guardian.
Rights and obligations of the guardian
Rights of the guardian:
The right to represent the child's interests in all bodies and organizations.
The right to make decisions related to the upbringing and education of the child.
Duties of the guardian:
Ensuring proper care, upbringing, education and development of the child.
Providing the child with housing, food, clothing and other necessary things.
Reporting to the guardianship authority and taking care of the fulfillment of one's duties.
Reasons for termination: the child reaching the age of majority or marrying before reaching the age of majority, restoration of parental rights by the child's parents, adoption of the child, improper performance of the guardian's duties.
Termination procedure: appeal to the guardianship and guardianship authority or to the court with an application for termination of guardianship.
It is recommended to seek advice from lawyers or lawyers of the "Consultant" law firm, who specialize in family law, for detailed information and assistance in the registration of guardianship. Lawyers will help you collect all the necessary documents, make correct statements and represent your interests in court and before guardianship authorities.
The guardianship registration procedure is a complex legal process that requires careful compliance with all regulatory requirements and protection of the child's rights.
