Establishing guardianship and care for a child

Guardianship and custody are not the same thing, and confusion in this area can be very costly in terms of time. Guardianship is established for a child under the age of 14, whilst custody applies to a child aged between 14 and 18 (Article 243 of the Family Code). The scope of their powers differs: a guardian acts on behalf of the child, whilst a custodian gives consent to the child’s actions.

Guardianship of a child is required when the parents have died, are unknown, have been declared missing or legally incapacitated, have had their parental rights terminated, are serving a prison sentence, or are otherwise unable to raise the child. Most often, grandparents, aunts, uncles and adult siblings become guardians.

The procedure appears to be administrative, but there are plenty of points where it can come to a standstill: refusal by the guardianship authority, conflict between relatives, the court stage, or documents from the occupied territories.

+38 095 554-54-24 — legal advice

Who can become a guardian

A guardian must be an adult with full legal capacity — upon their written application. Preference is given to the child’s relatives, as well as to persons in whose household the child has been living (Article 244 of the Family Code).

A person may not become a guardian if they:

• have been deprived of their parental rights;
• has been declared legally incompetent or of limited legal capacity;
• abuses alcohol or drugs;
• has no permanent place of residence or regular income;
• is registered with or receiving treatment at a psychoneurological or narcological clinic;
• was an adoptive parent, and the adoption was annulled through her own fault;
• has been convicted of a crime against a person’s life, health or sexual freedom.

The child’s opinion must be taken into account if they are able to express it. From the age of 14, the child’s consent to the appointment of a specific guardian is, in effect, decisive.

Two ways of establishing guardianship

Through the guardianship and custody authority

This is the main and administrative route. The decision is taken by the guardianship authority at the district administration or city council.

What to submit:

• an application from the prospective guardian;
• passport and tax identification number;
• document confirming the child’s status (certificate of the parents’ death, court order terminating parental rights, certificate of disappearance);
• the child’s birth certificate;
• medical certificate regarding the applicant’s state of health;
• proof of income;
• certificate of no criminal record;
• documents relating to accommodation, report on living conditions;
• consent of other adult members of the applicant’s family living with them;
• written consent from the child (if they are aged 10 or over, their opinion must be taken into account).

Processing time — up to one month from the date of submission of the complete application.

Through the courts

Required when:

• the guardianship authority has refused — the decision is appealed in the administrative court;
• several relatives are claiming guardianship of the same child;
• it is necessary to simultaneously terminate the parents’ rights or declare them missing or legally incapacitated;
• the child has in fact been living with you for years, but this has not been legally formalised — in which case the fact is established for legal purposes;
• documents have been lost or remain in the temporarily occupied territory.

Rights and responsibilities of a guardian

A guardian does not become a parent — and this is fundamental:

• they represent the child’s interests without a power of attorney, including in court;
• they may only dispose of the child’s property with the permission of the guardianship authority — it is not permitted to sell the child’s flat without authorisation;
• receives state benefit for an orphan or a child deprived of parental care;
• is obliged to ensure the child’s education, medical care and upbringing;
• is not entitled to the child’s inheritance and does not acquire maintenance rights;
• biological parents are not exempt from paying maintenance — it is payable for the child’s upkeep, even if the child lives with a guardian.

Guardianship ceases automatically when the child reaches the age of 14 (at which point it transitions to care) and 18 (at which point it ceases entirely), as well as upon the child’s adoption or return to their parents.

What goes wrong in practice

• Rejection on the grounds of living conditions — the inspection report deems them ‘unsatisfactory’. This is appealed, often successfully.
• Conflict between relatives — a grandmother and an aunt both claim guardianship. The court decides, taking into account the child’s attachment and the conclusion of the guardianship authority.
• The parents have not formally been deprived of their rights — in which case guardianship will not be established until the issue of their status has been resolved. These are two separate proceedings, and they must be pursued sequentially.
• If there are no documents confirming the parents’ death or that they are missing, separate court proceedings are required.
• A child from an occupied territory — documents are restored through the courts.

When a solicitor is not required

The parents have died, you are the grandmother, the child lives with you, the documents are in order, and the guardianship authority has no objections. In this case, a solicitor is not needed: submit your application and receive a decision within a month.

A solicitor is needed when:

• the guardianship authority has refused or is delaying the process;
• several relatives are claiming guardianship;
• the parents are alive, and their rights must first be terminated or they must be declared missing;
• there are no documents — they have been lost or are in the occupied territory;
• the case concerns the child’s property — a flat, an inheritance or compensation;
• the child has been living with you for a long time, but this has not been legally formalised.

How we work

1. We determine the correct course of action — administrative or judicial — and the sequence of steps.
2. We prepare a set of documents and assist you with the guardianship authority.
3. We recover documents — through archives and the courts, if they are missing.
4. We handle related cases — termination of parental rights, declaration of absence, and establishment of legal facts.
5. We appeal against a refusal by the guardianship authority in the administrative court.
6. We protect the child’s property rights — inheritance, housing, state benefits.

Cost of services (Establishment of guardianship and care for a child)

The following is charged separately: court fees — 1,331.20 UAH for a non-property claim (2026).

Full price list

Questions and answers

How does guardianship differ from custody?

Guardianship is established for children under 14 years of age, whilst custody applies to those aged 14 to 18. A guardian acts on behalf of the child, whilst a custodian gives consent to the child’s actions.

Who has priority to become a guardian?

The child’s relatives and persons in whose family the child has been living. The child’s own opinion must be taken into account if they are capable of expressing it.

Are parents exempt from paying maintenance if guardianship is established?

No. Parents remain obliged to support the child — maintenance is paid for the child’s upkeep, even when they live with a guardian.

Can a guardian sell the child’s flat?

Only with the permission of the guardianship and custody authority. Any transaction involving the child’s property without such permission is subject to challenge and will be annulled.

Can guardianship be arranged if the parents are alive?

Yes — if they have been deprived of their parental rights, declared legally incompetent, are missing, are serving a prison sentence, or have failed to care for the child for a prolonged period. However, their legal status must first be resolved.

How long does it take to arrange guardianship?

Through the guardianship authority — up to one month from the date of submitting a complete application. If court proceedings are required (deprivation of parental rights, declaration of being missing) — an additional 6–12 months.

What should you do if the guardianship authority refuses your application?

Request a written refusal stating the grounds and appeal against it in the administrative court. Refusals on the grounds of ‘unsatisfactory living conditions’ are frequently and successfully appealed.

Does a guardian receive state support?

Yes, state benefit is paid for an orphan or a child deprived of parental care. The amount is linked to the minimum subsistence level and is subject to review — please check the current amount.

What documents should I bring to the consultation?

The child’s birth certificate, documents confirming the parents’ status (death certificate, court order), your passport and Tax Identification Number (TIN), proof of address, and a written refusal from the guardianship authority, if available.

Contact a solicitor at Svarog regarding the establishment of guardianship over a child

Explain your situation — we’ll advise you whether the administrative route will suffice, whether you’ll need to go to court, and the correct sequence of steps to take. The most common mistake here is to start with guardianship when the issue of parental status needs to be resolved first.

+38 095 554-54-24 · Kyiv, 7 Khoriva St, Office 2 (Podil) · Mon–Fri 9.00–18.00