Custody of a child in Lviv

Guardianship and care are understood as the forms of social arrangement of children regulated by the legislation of Ukraine, owing to certain circumstances deprived of parental care. Guardianship is established when the child has not reached 14 years of age. A guardian acting in the interests of a minor is his / her legal representative, including in transactions and other legal procedures. Custody of children is established for citizens who belong to the age group of 14-18 years. Such persons may be directly involved in certain legal proceedings, acting with the consent of the trustee.

The purpose of establishing guardianship or custody is to ensure the protection of the rights and interests of minors. The responsibilities of guardians and trustees are equated to the responsibilities of parents, which includes care for the health and moral development of the child, as well as the education and maintenance of the ward.

Who can be placed under guardianship

According to the current legislation, guardianship and custody may be established for such categories of citizens as:

• persons under the age of eighteen in the event of the death of their parents;
• children whose parents have been deprived of parental rights by a court decision or are in places of imprisonment;
• persons declared incapacitated due to certain diseases;
• persons belonging to the category of disabled persons as a result of alcohol or drug addiction;
• relatively able-bodied citizens whose impaired health does not allow them to take full care of themselves.

Grounds for appointment of a guardian (trustee)

A guardian or custodian of a child may be appointed by a state body or court on such grounds as:

• incapacity of parents, confirmed by relevant documents;
• death of parents or declaration of their death in court;
• recognition of the child's parents as missing;
• deprivation of parental rights, as a result of which the obligations of parents are terminated. These provisions of the law also apply to persons deprived of their liberty.

Documents required for custody (for a child)

In the process of establishing guardianship, documents will be required, the list of which is regulated by the current rules of the procedure.

For a child:

• Copy of birth certificate.
• Official papers that can confirm the status of an orphan, in particular:
• Death certificates of both parents.
• Documents issued by the registration authority and containing information about the child's father.
• A copy of the court decision recognizing the parents missing, deprived of parental rights, incapable, serving sentences in places of imprisonment or in custody. If the parents have been declared dead in court, death certificates will also be required.
• A document confirming the presence of parents' diseases that do not allow them to fulfill their responsibilities for the upbringing and (or) maintenance of the child. Such an opinion must be issued by a special expert commission.
• The act on throwing up made by law enforcement officers if it is a question of the child thrown or left in medical institution.
• Identification number of a minor (if such was obtained by him).
• Certificate of family composition, issued by the housing office or the district committee.
• Documents confirming the ownership of a minor citizen. In particular, this applies to real estate.
• A list of property belonging to the child drawn up in writing by the employee of the children's service.
• Certificate of health, as well as a conclusion that determines the level of physical and mental development.

Documents required for registration of guardianship (for guardian)

The guardian will need:

• A copy of the passport of a citizen of Ukraine.
• A statement, which can also be drawn up and signed by both spouses.
• A copy of the marriage certificate if the husband and wife wish to establish joint custody of the child.
• Income statement containing information relating to the last six months.
• Documents proving that the future guardian has real estate and other property.
• Certificate of passing a special training course, during which the features of interaction with children deprived of parental care are considered.
• Certificates of the guardian's state of health and no criminal record for each of the applicants.
• Confirmed in writing the consent of all reached the age of majority of relatives living in the same area with the future guardian.

Services and benefits of Olson

In the process of establishing guardianship or custody, unforeseen situations often arise that require certain legal knowledge. With the help of our company, you will be able to avoid bureaucratic red tape and eliminate in advance the reasons why government decisions may not be in your favor.

If you have a dispute about the child's upbringing, place of residence or other, you just need to use the services of a lawyer. Our specialists have extensive experience in such matters, which will allow them to quickly navigate the situation and find the right solution to your problem.