Parental rightsIn Ukraine, the concept of custody does not have the same meaning as in foreign countries. Instead of custody in the legislation there is the concept of parental rights and obligations. Both legal parents acquire parental rights and obligations and cannot refuse them.
An exception is the deprivation of parental rights, which occurs in court and is a last resort. There must be a substantial reason for the deprivation of parental rights, an exhaustive list of possible reasons is provided by the Family Code of Ukraine, article 164.
Parents can be persons who are not married. In general, marriage has little to do with parental rights and obligations, with the exception of establishing paternity at the birth of a child, when being married allows you to automatically record a father who is married to the child’s mother in the birth certificate.
Based on this, parental rights and obligations remain before and after the divorce of both parents in full.
But with which parent will the child live after they have begun to live separately, if both parents have parental rights?
Which of the parents will the child live with if they live separatelyIf parental rights and obligations remain unchanged, then the key question with which of the parents will the child live in if they are separated.
At birth, according to the law, there are three months to register the child’s place of residence. Many do not do this for various reasons; liability for violation of the deadline is not large.
If the child has a residence registration (registration) then he will live with the parent with whom he is registered at the same address.
If the child does not have a residence permit, it is considered that he lives with his mother, since in the first years of his life he physically can not do without a mother.
In order to write or register a child at a new address, the consent of the second parent or a court decision will be required.
Determining the child’s place of residence in courtIf, as a result of a divorce or separation of the parents, a dispute arises about which of the parents the child remains, then such a dispute is resolved in court. One of the parties must file a claim to determine the place of residence of the child with one of the parents (with the father / with the mother).
The court, considering the case on determining the child’s place of residence, takes into account all circumstances of importance:
- ✔ attitude of parents to parental responsibilities;
- ✔ the age of the child;
- ✔ the child’s affection for each of the parents;
- ✔ the state of health of the child;
- ✔ other circumstances.
Agreement on determining the place of residence of the childAlso, in the case of the voluntary consent of the parents, they can solve the issue of determining the place of residence of the child without a court using an agreement. The contract must be notarized.
When the child decides with which of the parents he will liveA child who has reached the age of 14 years can independently decide with whom of the parents he will live.
Determining the child’s place of residence is a complex process that is recommended to be entrusted to experienced professionals in the legal field. You can order a case on determining the child’s place of residence on our website https://www.yurdopomoga.com.ua.
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