Family disputes are among the most challenging and complex categories of cases. Unfortunately, divorce becomes a relevant issue for many couples, leading to contentious moments regarding their shared children. Parents often find themselves in disputes over where the child will live after the divorce, how they will communicate with the child, and even whether they retain parental rights.
Divorce is a complicated process that affects all family members, especially children. In such situations, it is crucial to ensure that the rights and interests of the child are properly protected and considered. This is where the significant role of a family law attorney becomes invaluable.
Parents, regardless of their marital status, have equal rights and responsibilities toward their child. This means that even if they live separately, one parent cannot hinder the other from communicating with the child, provided it does not harm the child’s normal development.
The law allows for the possibility of concluding an agreement on the exercise of parental rights and duties for parents who live separately. This agreement must be in writing and notarized. The terms of such an agreement may vary depending on the child’s age and needs, their daily routine, and other factors affecting their life.
Many divorce cases are resolved out of court through agreements between the parents. A family law attorney can be an essential mediator in this process, ensuring that the child’s interests are considered in the agreement. They can help parents develop a plan for the distribution of parental responsibilities and decision-making that meets the child’s needs.
However, parents are not always able to amicably agree on the arrangements for communicating with a child who lives separately. In such cases, the decision on this matter may be made by guardianship and trusteeship authorities or by the court.
Deprivation of parental rights is the last measure taken to protect the child’s interests. This serious decision is considered exclusively in court based on a statement from one of the parents, guardian, or custodian of the child, the person with whom the child lives, a health institution, an educational or other child care institution where the child is, as well as the child themselves after reaching fourteen years of age.
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The decision to deprive parental rights is a significant step taken solely in consideration of the child’s welfare and safety. This decision must be justified and supported by sufficient evidence of neglect, abuse, or other serious circumstances that cast doubt on the parents’ ability to provide proper conditions for the child’s development and growth.
Given the importance of this issue, courts act cautiously and consider all aspects of the case before deciding on the deprivation of parental rights. The main goal of this process is to ensure the child’s safety, stability, and well-being in the best possible way.
The Lawyers and Realtors Association of Ukraine (AROU) provides its clients with the following services in the field of child protection during divorce:
- Representation of interests in court;
- Assistance in drafting necessary statements, petitions, complaints, etc.;
- Assistance in concluding an amicable agreement;
- Assistance in resolving disputes regarding marriage contracts (agreements), etc.
If you do not live in Kyiv, we will consult you remotely and help with the preparation and drafting of necessary documents.
