What documents are needed for custody of a child? This question arises among many people who are going to look after a minor subject. The procedure for registering custody of a child is quite complicated and will take a lot of time. The nuances of guardianship require special attention, since persons who have not undergone training, which is organized for future guardians, do not have the right to become such. If you take this procedure seriously, registration of custody of a minor will be successful and soon a new family member will replenish its composition.
What it is?
Trusteeship is understood to mean the family structure of minor children who are left without parental care. This can be considered one of the forms of protecting the rights and interests of the child.
Guardianship over a minor is executed only with the consent of the guardianship authorities.
After the custody is determined, the former parents of the baby are not liable for its content. In addition, the state makes monthly payments to support a child. The guardianship authority exercises control over the upbringing and device of the baby, conducting checks every month. A child who is in the family of the guardian has the right to keep his last name, first name and patronymic.
Kinds
There are two varieties of the guardianship procedure. Allocate:
- Guardianship - for a child under the age of fourteen.
- Guardianship is the care of a child whose age is between fourteen and eighteen years old.
Difference
Do not confuse custody with adoption, as they have several differences that affect the position of the child and the guardian.
- The decision on adoption is made by the judicial authority, establishing this fact.
- And guardianship is established by the body of guardianship and trusteeship (PLO).
It is worth noting that the rights of the adoptive parent and guardian are slightly different. The family that adopted the child receives all parental powers, building relationships with the baby, as with its biological descendant. The guardian, although obliged to provide finance, care and education for the child, has a greater restriction on the rights to raise and arrange for the ward. He cannot forbid seeing biological parents.
Who can become a guardian?
Before deciding what documents are needed for custody of a child, you need to know who is suitable for this candidate.
The preemptive right to become a guardian is the relatives of the baby. Other people may also receive guardianship of the child, but the guardianship authority always gives the priority of guardianship to relatives, if this does not contradict the interests of the minor. However, they must all comply with the legal requirements for a guardian.
Requirements
To become a guardian, you must:
- reach the age of majority (18 years) and not be older than 80 years. For persons over 60 years of age, the procedure for issuing guardianship is a little more problematic, but if health is in order, then there will be no difficulties;
- legal capacity that is not limited to certain physical data;
- satisfactory state of health, allowing to fulfill his guardian duties;
- availability of housing and a steady income;
- the consent of the candidate himself.
When assigning a guardian to a child, the body takes into account the moral and personal qualities of the candidate, his ability to fulfill parental responsibilities, the relationship between him and the minor, as well as the latter’s attitude to the guardian’s family. If the child has reached the age of 10 years, the guardian is appointed only with his consent.
Persons will definitely not be able to become guardians:
- in relation to which a criminal case has been or is being conducted on a crime against the person and public safety (of course, if the case is dismissed due to the lack of guilt of the subject, this is not taken into account);
- having an outstanding conviction for crimes that can be attributed to grave or especially grave;
- who have not completed the training intended by the guardianship authority for guardians (the exception is the relatives of the minor);
- who have lost the right to be parents;
- having a serious medical history;
- that they were already guardians suspended from their duties;
- entered into same-sex marriage in the territory of the state, where it is permitted;
- who have a disability of 1 group;
- suffering from alcoholism, drug addiction, substance abuse or mental disorders.
Therefore, the guardian must be capable and healthy, previously not having problems with the law and not suffering from bad habits.
Legislation
The process of registration of guardianship is regulated by the Family Code of the Russian Federation (Ch. 20), Federal Law No. 48 "On Guardianship and Trusteeship", and the Civil Code of the Russian Federation. The latter, in turn, legally establishes the rights and obligations of the parties.
Rights and obligations of the guardian
Before moving on to the question of what documents are needed for custody of a child, and the procedure for registration, it is necessary to indicate what the guardian will undertake and what rights he has.
Responsibilities of the guardian:
- financially and financially provide the ward;
- provide care in accordance with the age and needs of the child, treat if necessary;
- to educate, take care of the moral and physical development of the minor;
- make every possible effort to protect the rights and interests of the guardian in various instances;
- inform the PLO (guardianship authorities) about a change of place of residence;
- to live with a guardian until he reaches the age of 16;
- allow the child to see relatives and parents if he has not lost contact with them;
- dispose of the property of the guardian only with the permission of the PLO;
- use the funds that are credited to the child’s account, in his interests and for corresponding needs, provide an annual report to the guardianship authorities about this.
The guardian may:
- make transactions on behalf of the guardian, represent his interests (from the age of 14 only with the consent of the ward);
- choose an educational institution and educational methods (taking into account the opinion of the PLO);
- receive payments in the name of a minor;
- if there are good reasons (illness, loss of source of financial income) to renounce their guardian powers;
Procedure
First you need to submit an application to the guardianship authorities with the attached package of documents. From the moment of its receipt, within 3 days the PLO will have to check the condition of the home where the ward intends to live. At this time, the authorized body will examine the personal qualities of the future guardian.
After checking the living conditions, the PLO draws up an appropriate act on the satisfactory or unsatisfactory housing submitted.
Within 10 days, the guardianship authority decides the issue of transferring the child to the candidate under guardianship. Since guardianship is carried out on a paid basis, an agreement is concluded between the state body and the trustee, which sets out all the conditions, as well as the obligations and rights of the parties.
In the case of a positive decision, the guardian has the right:
- request information about children who need guardianship (this can be done either by the guardianship authority or the federal knowledge bank);
- ask for a meeting with the baby.
Required Documentation
What documents are needed for custody of a child? Future guardians are often pushed away by a huge list of papers required for registration of guardianship. It is worth noting that the presentation of all the necessary documents is an important condition for a positive decision, since the guardianship authority must find out all the information about the submitted candidate, while respecting the interests of the child.
It is worth considering each situation separately, because the information about which documents are needed for the custody of a child from a baby's home, and which for a child with a disability group, although not very different, has certain nuances.
The main package of documents required for the establishment of guardianship:
- application to the PLO;
- applicant's passport;
- his written autobiography;
- health certificate;
- information on income and employment;
- a certificate from the housing department about the ownership of housing and the payment of all debts for utilities;
- certificate of no criminal record;
- notarized consent of the second half of the family and all persons living in the same living space with the guardian;
- evidence of marriage and the presence of children (if any);
- account number, where funds will be received for the maintenance of the ward;
Baby house and maternity hospital
After the approval of the candidate for guardianship, the PLO will issue a permit to visit a special institution where children who need a family are located.
Taking care of a newborn baby is a big responsibility, because the guardians will have to replace the biological parents for the baby, feed him, get vaccinated and regularly visit the pediatrician.
But if the subject is ready to overcome all these difficulties, then he will need the previously mentioned package of documents and a certificate of completion of courses for caring for the baby.
Orphanage
Currently, the number of children placed in special educational institutions is steadily growing. Since most of the children in orphanages have already grown up and clearly understand what is happening, many parents are afraid to take them away, thinking that the child will not perceive them as a real family, but only as a foster child. Therefore, they prefer to take custody first to check whether the child will survive in the family, and only then adopt.
The adoption process is really a little more complicated than the guardianship. Although the process is easier, it is also necessary to know what documents are needed for custody of a child from an orphanage.
In addition to the main list of securities indicated above, a written consent of the child to guardianship may be required if he is over 10 years old.
But it is worth remembering that you cannot return a child just because he "did not fit." This is not clothes or a handbag, but a living person. Therefore, the guardianship process must be approached seriously and responsibly, knowing whether trustees are ready or not.
Disabled child
There is practically nothing to say about the list of documents that are needed for custody of a disabled child. In addition to providing the main package of documents that has already been mentioned, trustees will have to take special training courses for the care of disabled people and the consent of the child (if he has reached the desired age).
It is worth noting that guardianship over incompetent and partially capable minors who are placed in special medical institutions is impossible. Since in this case, custody is carried out by this organization.
What documents are needed for custody of a child with live parents?
Situations are different. Fathers with mothers can be deprived of parental rights or declared incapable, or they for other reasons do not care about their children, transferring responsibility for the upbringing to people for whom the child is not indifferent. As a rule, this is either grandparents or an aunt with an uncle.
As mentioned earlier, the blood relatives of children have the preemptive right to be guardians. If the transfer of guardianship takes place with the full consent of the parents, then this must be indicated in the statement, assuring him with their signatures. When they do not agree with the transfer to the care of their child, guardianship can be issued only through a trial, providing evidence that the child is not being taken care of properly. In cases where the father and mother were deprived of parental rights or found to be incompetent, their consent is not necessary.
Guardianship can also be issued without difficulty if the mother and father are minors. As a rule, the care of the child then takes over the grandmother. The main document required for custody of a child by a grandmother with a living mother is a medical card that confirms her satisfactory state of health, and the presence of parental consent or a court order to deprive them of parental rights. Also, the grandmother will have to present a pension certificate if the main income is a pension. In general, the package of documents is identical to the main one, they may differ based on the family situation. However, they will not have to take childcare training courses.
What documents are needed for custody of an aunt's child? The same as described above. But she will have to confirm blood relationship with the baby.
Now, on the question of what documents are needed for custody of a child, a period has been set and the procedure for establishing guardianship does not seem so complicated, although it takes some time. If you do not take into account the process of collecting documents, then before obtaining the rights of a guardian, you will have to wait no more than 15 days.
In general, the documents that are necessary for the custody of a child's grandmother do not particularly differ from the main documentation package. It consists of the presented list and may vary, based on individual situations of guardianship.
If you seriously approach the procedure for establishing custody, then in the near future another member will join the family of the trustee. Honorable citizens without bad habits and criminal records will never be denied guardianship and trusteeship registration.