Pushka D. Joint custody after divorce: prospects for implementation in Ukraine

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.260-265

Purpose. The purpose of this study is to comprehensively analyse the possibilities of introducing joint custody of children after divorce in the Ukrainian legal field. It is necessary to establish what legal, social and psychological levers exist that influence the change in the current model of parenting. Based on the analysis, it is intended to create practical advice for the effective implementation of joint custody in Ukraine. Methodology. The research methodology is based on an interdisciplinary approach that involves the use of comparative legal, sociological, psychological and systemic analysis. The following scientific methods were used in the course of the study: terminological analysis, comparative method, method of systemic generalisation, socio-legal modelling, as well as statistical and sociological methods. Results. The study found that the introduction of joint custody in Ukraine requires comprehensive changes in the legal system, social beliefs and cultural perceptions of parenthood. The current Ukrainian legislation was found to be insufficient to ensure the full implementation of equal rights of parents, which negatively affects the psychological and emotional development of children in divorced families. The author justifies the need to create regulations aimed at ensuring the most fair and child-centred approach to the care and upbringing of children after the breakdown of parental relations. Originality. For the first time in the Ukrainian scientific field, the prospects for the introduction of joint custody are thoroughly analysed from an interdisciplinary perspective. A conceptual model of changes to family legislation has been created, taking into account the peculiarities of the Ukrainian people and international experience of legal regulation of paternity after divorce. Practical significance. The results of this study can be used to improve the Family Code of Ukraine, as well as to develop guidelines for judges, defence lawyers and social workers dealing with family issues. These proposed approaches will help to improve legal practice and guarantee the highest protection of children’s rights in cases of parental divorce.

Key words: joint custody, divorce, family law, parental rights, psychology of child-parent relations, transformation of family law.

References

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