Relatives, especially grandmothers, have priority in matters of guardianship. And all because grandmothers, like no one else, can replace a mother for a child.
Although relatives have the first priority when applying for guardianship, the package of documents for guardianship remains unchanged. Of course, the desire of the persons in respect of whom guardianship is being issued is taken into account in accordance with the law, but as practice shows, children with a great desire remain to live with close relatives.

The Family Code is the document regulating the main processes related to guardianship and guardianship, and in disputable situations it is necessary to refer to the federal normative act (law).

A person who has taken custody of a minor is obliged:

• The guardian is obliged to provide his ward with housing, clothing and food.
• The guardian takes care of the health of his or her ward and takes measures for treatment in case of symptoms indicating illness.
• The guardian is obliged to provide the minor with all conditions for comprehensive development, provide an opportunity for education.
• The guardian must meet the needs of the child until the age of 16.
• The guardian must have common residence with the ward until he reaches the age of 16 years.
• When changing the place of residence, the person who has issued guardianship is obliged to notify the guardianship authorities about this.
• The guardian is obliged to own and use the property of the ward with the written permission of the authorized bodies.
• The funds of a minor are spent only on his needs. The guardian submits an annual report for the money of his ward.

A person who has taken custody of a minor has the right:

• A person who has taken custody of a minor has the right to use the things of a minor until the age of 14, and with the permission of the child up to 16 years of age. A person in respect of whom guardianship has been issued begins to participate in legal transactions on his own, only when he reaches the established age.
• The person who has issued guardianship independently establishes the methods of the educational process of the ward, but the guardianship authorities have the right to express their opinion.
• The guardian receives money for the child he has taken into custody.
• If the person who has issued guardianship has a decreased financial condition, or health problems have begun, he has the right to cancel guardianship in the relevant authorities.

Due to the fact that when formalizing guardianship, guardianship authorities entrust the life and health of a minor child, this process is rather laborious and requires a large amount of materials, which reflect the maximum information about the guardian. Documents related to the materials required for registration of guardianship:

• Identity document (passport).
• A complete and consistent account of the life of the person who draws up guardianship (autobiography). The autobiography reflects information about education, places of residence and places of work. Providing false information may result in liability, up to criminal liability.
• Certificates indicating the financial condition of the guardian. In the case when a person has more than one source of income, information on all is required.
• Standard statement of the competent authorities to which the person holding guardianship expresses his desire.
• Written consent is required under the condition that the parents have rights to the child.
• Pension certificate. Required for grandparents if they decide to become guardians of their grandson.
• A document (certificate) certifying the fact that the person formalizing guardianship has no criminal record.

The state guardianship authorities are responsible for documenting guardianship in our country. A citizen who wants to take a child to himself must collect a complete package of these documents and together with him apply to the guardianship authorities at the place of residence. It is there that all the necessary checks will be carried out and the person will be able to obtain a legal document on guardianship.

Having received all the necessary documents, the guardianship authorities are obliged to form an independent commission of guardianship department employees at the candidate's place of residence. The final goal of the commission is to draw up a special. act. The commission is obliged to leave within three days at the place of residence of a person who is ready to become a guardian. On the fact of the actions performed, an act is drawn up on checking the living conditions in which the child will be.

If the commission makes a positive decision on this act, then the guardianship department inspector must verify the authenticity of all previously submitted documents. After 10 working days, employees of the guardianship department are required to notify the person who submitted the application about their decisions in writing.

If the issue is successfully resolved, a guardianship order is issued. This legal document will be valid for two years.

A child who has reached the age of 10 years at the time of legal guardianship has the right to make his own final decision on the appointment of a guardian. Obligatory only in case of full consent of the child is it possible to complete the guardianship procedure.

Custody of a child Ukraine (Kyiv) ▷ Registration of guardianship and guardianship of children through the court - YuK Nakaz

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Under guardianship and guardianship are understood the forms of social arrangement of children regulated by the legislation of Ukraine, due to certain circumstances deprived of parental care. Guardianship is established when the child is under 14 years of age. A guardian acting in the interests of a minor is his legal representative, including in transactions and other legal procedures. Guardianship of children is established for citizens belonging to the age category 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 trusteeship is to ensure the protection of the rights and interests of minors. The duties of guardians and trustees are equated with the duties of parents, which involves taking care of the health and moral development of the child, as well as the education and maintenance of the ward.

According to the current legislation, guardianship and trusteeship can be established in relation to such categories of citizens as:

• persons under the age of eighteen, in the event of the death of their parents;
• children whose parents were deprived of parental rights by a court decision or are in places of detention;
• persons declared incompetent due to certain diseases;
• persons classified as having limited legal capacity as a result of alcohol or drug addiction;
• relatively able-bodied citizens whose impaired state of health does not allow them to fully take care of themselves.

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

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

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

For a child:

1. Copy of birth certificate.
2. Official papers that can confirm the status of an orphan child, in particular:
   • Death certificates of both parents.
   • Documents issued by the registration authority and containing information about the father of the child.
   • A copy of the court decision declaring the parents missing, deprived of parental rights, incompetent, serving sentences in places of detention or in custody. If the parents have been declared legally deceased, death certificates will also be required.
   • A document confirming that the parents have diseases that prevent them from fulfilling their duties of raising and (or) supporting the child. Such a conclusion must be issued by a special expert commission.
   • A tossing report drawn up by law enforcement officials when a child is abandoned or left in a medical facility.
3. Identification number of the minor (if he received one).
4. Certificate of family composition issued by the ZhEK or the microdistrict committee.
5. Documents that confirm the ownership of a minor citizen. In particular, this applies to real estate.
6. Written list of property belonging to the child, compiled by the child welfare officer.
7. Health certificate, as well as a conclusion that determines the level of physical and mental development.

For the guardian you will need:

1. A copy of the passport of a citizen of Ukraine.
2. Application, which can be drawn up and signed by both spouses.
3. Copy of marriage certificate if the husband and wife wish to establish joint custody of the child.
4. Statement of income containing information relating to the last six months.
5. Documents showing that the future guardian has real estate and other property.
6. Certificate of completion of a special training course, during which the features of interaction with children deprived of parental care are considered.
7. Certificates of health of the guardian and the absence of a criminal record for each of the applicants.
8. Written consent of all relatives who have reached the age of majority living in the same area as the future guardian.

A variety of disputes about children can arise between parents. Since the legislation gives parents not only rights regarding children, but also responsibilities, conflicts can be either over evasion of parental responsibilities, or in connection with the infringement of parental rights.

Of course, at first it is better to try to resolve the conflict outside the walls of the court. But very often, spouses never find a way out of this situation without the help of the court or other competent authorities. In some cases, you can do without a trial, but you will have to involve the guardianship authorities. This body is empowered to provide the mother and father with oral or written explanations about a family conflict that has arisen between them. However, the conclusions of the guardianship authorities are exclusively advisory in nature.

To resolve a child custody dispute once and for all, you must go to court. The courts consider the following family disputes about children:

1. Disputes about the child's place of residence.
2. Disputes related to the parentage of a child.
3. Disputes over the recovery of alimony.
4. Disputes about the return of a child who is with third parties.
5. Disputes of a special category: deprivation of rights to a child, restriction of parental rights, restoration of all rights to a son or daughter, cases on the abolition of restriction of parental rights.

The list of disputes listed above is not exhaustive. Parents may well have other kinds of disagreements about their child. There are also cases that are resolved only in the order of special proceedings (for example, adoption cases).

Company Services and Benefits

In the process of establishing guardianship or guardianship, unforeseen situations often arise that require certain legal knowledge. With the help of our company, you can avoid bureaucratic delays and eliminate in advance the reasons why the decision of state bodies may not be in your favor.

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

The cost and terms of registration of guardianship

The cost of our services, as well as the estimated time for processing all documents, depend on each specific situation and are always negotiated individually.

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