Guardianship is one of the ways to help a child left for one reason or another without parental attention to gain family warmth and care. Guardianship should be carried out in order to provide the child with the upbringing, education, material content, as well as the protection of all his rights and interests.
Next to this concept of guardianship are such concepts as guardianship and adoption. For all their similarities in their goals and objectives, they have a number of significant differences.
- So, it is possible to take custody only of a child who has not yet turned 14 years old.
- And a child from 14 to 18 years old is already taking care of guardianship (see what is the difference between adoption, guardianship, guardianship, what to choose).
Compared to adoption, guardianship can be called a simpler and faster procedure: it is easier to issue, and the rights and obligations of adoptive parents and trustees will vary.
Guardianship as opposed to adoption:
- made through the guardianship authorities, and not in court,
- the biological parents of the ward child (if they exist) are not exempt from the obligation to support him financially, while in adoption they lose all rights and obligations to their children,
- the guardian may be single (not married), and in case of adoption, married couples remain in priority,
- the ward of a child remains with his name and surname, and newly-born parents usually give their family surname to adopted children.
If after weighing all the pros and cons, you decide to help an orphaned or left without care, you need to understand and figure out how to arrange custody of the child.
What child can take guardianship
Guardianship can be established only for those children who are left without parental care for one of the reasons:
- death of parents
- denial of parental rights
- restriction of parental rights
- parents are incapacitated by age (under 16 years old at the time of the birth of the child) or due to health conditions
Russian legislation allows for other reasons that may serve as a reason for establishing custody of a child with living parents:
- absence of parents for a long time due to being in prison, on a long-term business trip and
You can establish custody of any particular child. You can also find out about children in need of guardianship in the guardianship and custody agency, where there is a special database.
Who can become a guardian
Although the requirements for guardians are not as strict as the requirements for adoptive parents, not everyone will be able to arrange guardianship.
The guardian may be:
- adult citizen
- fully capable
- no criminal record for killing or otherwise harming human life and health intentionally
- suitable for moral and personal criteria (positively characterized by place of residence, work, study and
Guardianship over a minor child will not work the following citizens:
- convicted for serious and intentional crimes against the person and public safety
- addicted to alcohol or drugs
- those who lost court of parental rights
- over the age of 60
- having diseases that prevent the full upbringing of the child (tuberculosis, oncology, mental disorders and
Priority in establishing custody is given to relatives or close relatives of the ward. The opinion of the child himself also plays a decisive role – without his desire to establish custody will not work.
You can become a guardian for only one child, with rare exceptions. For example, if a ward has siblings who need guardianship, they are transferred to the custody of one guardian.
List of documents for execution of guardianship
Before you begin the procedure of formalizing custody of a child, you need to figure out what documents are needed for this. Their list is quite extensive, and therefore it will take time to prepare the entire package.
You need to collect the documents on the intended guardian, as well as on the child over whom guardianship is made. They may not coincide in time, if at the time of writing the statement of custody the candidate had not yet decided on the choice of the child in care. If the prospective guardian already knows for which child he wants to arrange custody, then documents can be collected in parallel.
Documents on the alleged guardian
- The statement of a certain sample of permission to establish guardianship.
- Copies of the applicant’s personal documents (passport, pension certificate (if available), TIN, SNILS, certificate of marriage, etc.).
- Autobiography of the alleged guardian.
- Certificate confirming registration at the place of residence and family composition (in form No. 6).
- Documents on the rights to residential premises (certificate of right to property, contract of employment and
Documents on the ward child
- Certificate ward of birth.
- The conclusion of the medical organization for the health of the child (valid for 3 months).
- Certificate of registration of the child.
- Copies of documents for housing in which he lives.
- A certificate from an educational or educational institution that a child attends (kindergarten, nursery, school), or from a special institution where he lives at the moment (orphanage, orphanage, boarding school and
Sometimes, the guardianship and care agencies require the candidate to provide information about the special training he has in raising a child. Most likely, those alleged guardians who do not have their children and professional activities and whose education is not related to the upbringing of children, psychology or pedagogy may encounter this.
After the preparation of the specified package of documents, you need to contact the guardianship and custody agency, where it is necessary to formalize custody of the child. The application and documents are submitted to the body of guardianship and guardianship, which is assigned to the child’s residential address. Verification of the submitted documents by specialists will take 7 days. They can also visit a potential guardian at the place of residence in order to study the living conditions in which the ward is to live.
Within two weeks, a special commission makes a decision on whether to allow the applicant to take custody of the child or to refuse. In case of refusal, the applicant must explain in detail the reasons for such a decision, as well as the rules for his appeal, the package of documents is returned in full. The applicant may appeal against the refusal of the guardianship and trusteeship department only through the court.
The custody permit is valid for 2 years.
If a citizen who has received such permission wishes to formalize custody of a particular child, and has handed over documents for him to the guardianship agency at the same time as his own, then the decision on the appointment of his guardian must be issued to him within three days.
If the applicant has not yet picked up the child whom he would like to take care of, then the guardian must provide him with information from the database of children in need of care.
After choosing a particular child, a citizen must meet with him, get to know him better. If, after the meeting, the potential guardian and the child like each other, they must formalize their consent to the guardianship in writing. Provided that the child is 10 years old, otherwise the guardianship body will simply be heard his opinion and consent to stay with this guardian.
Then, the guardianship authority also issues a decree on the establishment of custody of the child for three days.
It is better to require a specialist to issue several copies of the document at once, since you will need to submit them to an educational or educational institution that the child will attend, to the clinic and
How to arrange custody of a child’s grandmother or grandfather
The procedure for formalizing the custody of a child by his grandmother or grandfather will not differ in any way from the general procedure, and they should prepare the same set of documents. In this case, the grandson can live with them together at the time of the preparation of the documents, as they are close relatives and will have priority over other candidates for custody.
An important condition under which the execution of custody of the grandson will be possible is the failure of the grandmother and (or) grandfather to be 60 years old.
Other conditions must be met:
- the child was left without parental care in view of their death, recognition of incapacity, deprivation of parental rights, long absence and
Often it is the grandmother and (or) grandfather who, with the consent of the parents of the child, draw up the so-called voluntary custody of him. for example, when parents work on a rotational basis, are on long-term treatment, or a child under the age of 14 is studying in another city (where the grandmother or grandfather live). With such care, as a rule, all parties agree, and it is temporary.
How to take custody of a child from an orphanage
A child living in an orphanage (or other specialized institution of this type) may also be taken into care. In this case, it is advisable that the candidate for guardians choose in advance the child over whom he wants to take custody, meet him and get consent to live together. The package of documents will be the same as above, the procedure for registering a guardianship will also be no different.
Often the execution of custody of a child from an orphanage becomes only a preliminary step before his adoption. This happens because the adoption procedure is conducted in a judicial procedure and requires considerable time, and right after the guardianship is issued, the child and his future adoptive parents can live together, processing the adoption.
In addition, the wardship child has a number of benefits and additional opportunities: free education and medical care, vouchers for summer camps, the provision of public housing and
Guardianship of a disabled child
When applying for a child with a disability, a guardianship body will need to submit all available medical documents and conclusions confirming the presence of the disease and disability group in the ward.
But most importantly, you need to understand all the responsibility and complexity, because guarding a sick child requires tremendous mental and physical strength. A candidate for guardians should be ready to check their living conditions and have a separate room in their apartment for the adopted disabled child.
In addition, monthly information will be provided to the guardianship authorities on the state of health of the ward and on the treatment carried out and the cost of it.
A guardian of a disabled child may expect to receive all benefits and payments that his parents rely on, but confirmation of their intended use will be required from the guardianship authorities.
What is a temporary custody of a child?
Temporary (or preliminary) custody takes place when it is required to issue it on an emergency basis. This may be necessary, for example, when the child needs to be urgently isolated from parents (alcoholics, drug addicts, mentally ill people and
To get temporary guardianship, a candidate needs only to make a statement, carry a passport and at least the minimum living conditions complying with the norms (their guardianship authority will check it).
As a rule, temporary guardians are relatives of the child.
Permission for temporary (or provisional) custody is valid only for half a year. During this time, you need to have time to issue a permanent custody of the child.
Child custody allowance
A guardian who has received a decree on the establishment of custody of a specific child is entitled to receive from the federal budget a lump-sum benefit, the amount of which in 2015 is 14,497 rubles and 80 kopecks.
In addition, the state provides monthly material support to wards for children in the form of benefits paid from the budget of a constituent entity of the Russian Federation. Its size is set in each region. For example, in Moscow such monthly payments are established:
- for a ward child under the age of 12 – 15,000 rubles,
- for a child over 12 years old – 20,000 rubles,
- for a disabled child – 25,000 rubles.
If there are 3 or more ward children under guardianship, then each of the above payments for each child increases by 3,000 rubles.
These funds are intended exclusively for the children under guardianship and should be spent only for their needs (food, clothing, hygiene items and
In some regions, additional measures are provided to support guardians and their wards. For example, in Moscow, such families are given a monthly payment in the amount of 928 rubles for utility costs, in St. Petersburg – a one-time subsidy for taking custody of a disabled child in the amount of 110000 rubles and
An important issue is how much guardians who have entered into an agreement on the admission of a child to the family are paid for guardianship over a child in 2015. The size of these benefits, or a kind of wage guardian, are also established at the regional level. So, in Moscow the following payouts are set:
- for custody of a child under the age of 3 years – 12,650 rubles,
- For custody of a child older than 3 years – 9200 rubles,
- for custody of a disabled child – 25,000 rubles.
The guardian is entitled to spend this money for his own needs.