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Who do children stay with after their parents divorce?

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 27.05.2024

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                                      Separation of children during divorce

   Children can go through difficult times after their parents divorce, and their well-being and wellbeing is a priority. Here are some aspects that can be important in providing for children after a divorce:

Understanding between parents:

  It is important that parents communicate with each other and find common solutions regarding children. This may include plans for follow-up visits, parenting and parenting methods.

Understanding the child's needs:

   Consider the needs and wishes of the children when developing divorce plans. Children may react differently to divorce and their emotions and needs should be taken into account.

Regular contact with both parents:

   In order to ensure the psychological and emotional well-being of children, it is important that they have the opportunity to maintain contact with both parents. This may include regular visits, phone calls or virtual contact.

Stability and security:

   Providing a stable and safe environment for children is important after a divorce. This may mean providing stable housing, developing a visitation schedule, academic support, and other activities.

Compliance with the agreement on parental rights:

   If a parenting agreement or court order has been entered into, it is important to abide by those agreements and parenting decisions.

Child support:

   Children may need psychological or emotional support after their parents divorce. It is important to give them the opportunity to express their feelings and help them overcome any difficulties they may face. Even after divorce, a child can grow up happy and healthy if parents work together for their well-being and stability.

   In Ukraine, the division of children during divorce is regulated by civil law, namely the Civil Code and family law. According to them, the court can make a decision on the division of custody of children in case of divorce of parents.

  The court decides on the separation of children taking into account their best interests. It can take into account such factors as:

  1. Relations between parents and children.
  2. The ability of each parent to provide appropriate conditions for the physical, mental, emotional and spiritual development of children.
  3. Children's wishes (if they are mature enough).
  4. Place of residence of each parent and availability of conditions for raising children.
  5. Other circumstances that may affect the well-being of children.

  The court can assign one of the parents the primary place of residence of the children, and the other - the right to visit and participate in their upbringing. Joint custody options are also possible, where both parents are involved in making decisions about the children.

   If the parents can agree amicably, they can make an agreement on the division of custody of the children, which will then be approved by the court.

   A lawyer who specializes in children's matters is known as a family or children's lawyer. Their main task is to protect the rights and interests of children in legal proceedings, especially in cases of divorce, guardianship, adoption and other issues related to family law.

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