Guardianship over children is the adoption of a child into the family who, for some reason, was left without parental care (for example, parents were deprived of their rights to him, they died, are incompetent, etc.). The article describes all the details of the procedure for appointing a guardian, his duties, and the rights of the child.
Guardianship and trusteeship, what is the difference?
Do not confuse these two concepts. The difference between them is that guardianship can only be issued for children from 14 to 18 years old, and guardianship, respectively, only up to 14 years old. Guardianship and trusteeship are formalized by the guardianship authority for the child’s place of residence. This institution must consider applications from candidates who want to take a child within 30 days. If a guardian is not appointed in a month, the state agency itself should temporarily take responsibility for the child.
Who can claim?
Guardianship over children for a certain person can be executed only with the consent of such a person. After all, if the guardian does not agree to this, then a forced decision will not be able to protect the interests of the child. In addition, a citizen who wishes to take a child into the family should not:
- suffer from alcoholism or drug addiction;
- have a criminal record
- be deprived of parental rights in relation to their children. If he was the trustee (adoptive parent, guardian) of other citizens, then he, too, should not be forcibly deprived of this right.
The candidate must be suitable for health reasons. The guardianship authority must also find out the personality characteristics of the candidate, his moral qualities, his relationship with the child, how he will be able to fulfill his obligations, etc.
Who becomes the guardian most often?
As a rule, guardianship over children is executed by their close relatives. But at the same time, other people can take the child into the family. Sometimes it happens that parents, for certain reasons, cannot continue to raise and support a child. In this case, they can recommend or choose a guardian.
Guardianship of children : rights and obligations
After the authority of trusteeship and guardianship decides on the appointment of a specific person, a certificate is issued to him, which explains his powers and obligations. After a citizen has taken custody of a child, he has the right to receive a monetary reward for this. Subsequently, the guardianship authority must strictly control the actions of the guardian in relation to the child.
According to Art. 147 SK, the child has the following rights:
- To care from the person who received him.
- To live in a guardian’s home.
- For housing that he had before the appointment of a guardian.
- On education, training, respect and development.
- In the case of unlawful actions of the guardian, the child has the right to protection.
A citizen who has taken custody of the children (the child) can independently make decisions on the methods of their (his) upbringing (but after agreement with the guardianship authority and the child himself), on the choice of place for their (his) education and form of education.
The guardian is obliged to assist in obtaining general education for the wards, should not interfere with the child’s communication with parents and relatives, as well as abuse his other rights.