It so happens that it is impossible to arrange the adoption of a child for one reason or another. The way out of this situation is guardianship. Making custody of a child under 14 years old can be called an alternative to adoption. New parents receive all the necessary rights and obligations. True, there is one difference, but it is very important. If your ward has biological parents, they have the right to visit the child. All information in the birth certificate will be left unchanged. That is, your child will not have your last name.
How to get custody of a child
This issue must be approached with all responsibility. Guardianship over a child is made somewhat easier than adoption. You contact your local guardianship authority to get a list of documents to collect. In general, the registration of guardianship takes 3 months. Be sure to specify what form all certificates should be. Otherwise, you will have to apply for them several times. And remember that all inquiries have their own validity period. First, take certificates with a long validity period, and only then with a short one. If something is unclear on how to arrange custody, do not hesitate to ask and clarify.
The usual package of documents for the appointment of a guardian:
- a written statement of the established form;
- written consent of the second spouse (if any);
- income statement (position and salary should be indicated);
- medical certificate of your health condition;
- extract from the house book, confirming that you have housing;
- characteristic - it is issued at the place of work or at the place of residence;
- autobiography;
- certificate from the police department;
- photocopy of passport and TIN.
How to take custody of a disabled person
Here you need to know that if a disabled person is a child under 14 years old, then guardianship is appointed in the same way as in the case of an ordinary child. From the age of 14 to 18 years, guardianship is issued. When a disabled person turns 18 years old, he becomes an adult, that is, he must fulfill all civil duties independently. And only if, due to a mental disorder, a disabled person is incompetent, can custody be established over him.
What sequence of actions should be, how to arrange? Guardianship of a disabled person should begin with going to court. There you will write a statement recognizing the citizen as legally incompetent. It is necessary to submit all the necessary medical reports on the condition of the disabled person. The court will appoint a forensic psychiatric examination, and on its basis the issue of citizen 's legal capacity will be decided . The court is usually attended by: the prosecutor, the representative of the guardianship authority, the applicant and the citizen, on the issue of which the case is being decided. If the state of health of the disabled person does not allow him to attend the trial, then the case is considered without him.
Now about how to issue custody further. Contact the guardianship authority with a passport and take a list of documents on the installation of custody of an incapacitated disabled person. The package of certificates is about the same as when issuing guardianship over a child. Do not forget to clarify all the nuances of the information provided.