CONSIDERATION FOR CHILDREN IN CASE OF PARENTS' DIVORCE

In Ukraine, the rate of divorces is quite significant, married couples often get divorced, and this event becomes traumatic for their children. Ukrainian legislation provides the protection of rights and legal interests of a child, and therefore, when parents get divorced, the court must determine which parent has the best opportunities for providing for a child, considering his/her "interests". Thus, the concept of "interests" in the law is interpreted in a different way compared to psychology. The judge is not aware of the peculiarities of the family which is getting a divorce and does not have enough time to find out its history, so proposals as for the fate of the child must be provided by the expert body of guardianship. The paper contains suggestions on methods of studying the child's needs and the assessment of opportunities of their satisfying by the parents, etc. According to the law, the rights and obligations of both parents are equal, but in 90% of controversial divorce cases, the court allows a child to live with his/her mother that seems to be justified entirely, because a small child has a very close relationship with her. If the mother is not healthy or cannot provide for the child or several children, the court may allow the children to live with the father or to divide them between the parents. This decision must be based on the results of a comprehensive examination of the facts. The court should engage forensic experts, specialists in developmental psychology, family psychology, social work, etc. to make the right decision, considering the child's needs and his/her psychological state.