Guardianship as well as guardianship is a very responsible step for every person. Sometimes this concept is used in relation to preschool children, very tiny babies, as well as older teenagers who, for one reason or another, fall into a new family. Anyone who has taken on the serious work of raising and caring for children should fully understand that this is not an easy step.
Before you start filling out all the necessary papers, it is worthwhile to understand how custody and guardianship is established over minors. It is necessary to clarify what requirements the candidate must meet, and also to determine the list of securities required for such actions.
In what situations is there a need for guardianship and care
Despite the fact that the state makes great efforts to increase the birth rate in the country, no one is immune from difficulties in life. For one reason or another, it may happen that a small citizen is left without parental care. For example, if the mother or father of the child died in a car accident, accident, fire or from a serious illness. In some situations, underage children are isolated from their parents. This can happen if the father and mother refuse to fulfill their duties, are away from home for a long time and do not create the necessary conditions for the baby. In this case, we are talking about the violation of the rights of a citizen and ill-treatment. Parents may be drinking too much alcohol or drugs. It can also cause the baby to go to the orphanage. In this situation, he certainly needs help and people who agree to take responsibility for him.
Who can claim
Under the law, guardianship is established over children primarily by their immediate family. For example, if his parents were deprived of their rights, but at the same time the mother has a sister who can create the necessary conditions for the child, then if such a candidate is available, the court will consider her first of all.
However, trusteeship is often established over children and completely strangers. But such candidates must meet certain criteria that are set by the guardianship authorities. It is worth noting that before guardianship was not as such a right. By and large, it was an obligation that was imposed by the state. However, today they have refused this practice.
What are the forms of care?
If we consider the Code of the Russian Federation, which speaks about the characteristics of family relations, then in this document you can find information that there are several degrees of how people can take care of a child. If we talk about who the guardianship and guardianship are established over, it must be taken into account that the baby must be either in the status of an adopted child or be ward. If we are talking about a teenager who is not yet 18 years old, then guardianship can also be issued over him.
If we talk about the differences in guardianship, trusteeship and adoption, each of these concepts has its advantages and disadvantages. Let's consider them in more detail.
What is the difference between guardianship and trusteeship and adoption
First of all, it is worth noting that these three concepts mean completely different rights in relation to the child.If we are talking about foster parents, then in this case the child becomes a full member of the family and, accordingly, has all the rights on an equal basis with their own children. With guardianship, a person who has assumed responsibility for raising a baby will be limited in his capabilities. This primarily affects financial requirements. The guardian must, once a year, provide the necessary reports. Foster parents do not need to perform such a procedure, since any material obligation is removed from them, because by default they undertake to provide the child with everything necessary.
It is also worth immediately saying that it is unacceptable if guardianship is established over children who have reached the age of majority. In this case, the child can already be responsible for himself and receive financial assistance from the state.
The guardian must prove to the state that the necessary amount of money is spent on the child and that he does not need anything. If the baby is officially adopted, then parents have the right to give him their surname, change their name and never even talk about the fact that he was not born in their family. The guardian also has many adoptive rights, but he cannot give the child his last name. In addition, you need to be prepared that periodically representatives of regulatory authorities will come to his house to conduct conversations with the baby about how he lives. Accordingly, in this case, it will be impossible to hide from the child the fact that he was born in another family.
It is also worthwhile to clarify over whom trusteeship is established and over whom guardianship is established. In the first case, we are talking about children over 14, but under 18 years of age. In this case, the teenager himself must give his consent to the fact that someone will take responsibility for him. Thus, trusteeship is established over individuals who can already independently think and make informed decisions. If the child refuses the candidacy of the trustee, then the court will stand on his side.
Guardianship is issued to children under the age of 10 years. This is the main difference between these two concepts. Knowing at what age guardianship is established over a child, and when guardianship is possible, errors can be avoided when compiling an application.
Legal basis
First of all, you need to understand that a person who does not adopt a child, but receives guardianship or guardianship for him, must draw up full financial responsibility. This means that an adult takes full responsibility for the health, care and other aspects of the life of a new family member. At the same time, at any time, the parent who issued the guardianship should be ready to provide all the necessary documents to state authorities.
Considering which citizens guardianship is established, it is worth noting that this is essentially an intermediate option, which is often used by people who have not decided to the end whether they are ready to adopt or adopt a baby. In this case, they can arrange temporary care for the child, and as soon as they are confident in their choice, transfer the baby to foster care status.
What are the advantages in that guardianship is established over minors
If we talk about the advantages of such a procedure, then in this case it is worth highlighting several positive points. First of all, you can get rights to a child out of court. This greatly simplifies the procedure, since adoption will have to survive the trial.
Also, a guardian or trustee may receive child support every month until his ward reaches 18 years of age. In addition, the state allocates separate funds for the education of such children and other types of financial assistance.
After eighteen years of age, the guardianship child must receive their own living space from the state.However, this is only possible if his guardian cannot provide him with full-fledged separate housing, as he does not have enough money.
From a legal point of view, becoming a guardian is much easier than adopting a child. In the second case, it will be necessary for a long time to prove to the inspection bodies and the state that the parents are really ready to take on such a responsibility.
Disadvantages of guardianship
You need to understand that while a person is in the status of a guardian, he, in fact, is a temporary person in charge. If at some point an applicant appears who expresses his desire to adopt this baby, then in this case all rights can be transferred to him. Most likely, there will be a trial, and the guardian will have to prove that he is able not only to temporarily support the child, but also to complete his adoption.
Also, considering who is being established and how guardianship and trusteeship are formalized, it is worth paying attention to one more minus. It was partially lit at the beginning. The fact is that the ward child will always be aware of this fact. At the same time, his trustee or someone else does not have the right to hide from him information about blood relatives.
Thus, the child can always come in contact with them, meet and call up. If we are talking about the establishment, then in this case, the parents have every right to hide the data not only of his own mother or father, but not even to say that he is adoptive.
What requirements must be met in order to establish custody or guardianship
First of all, a person expressing such a desire must prove that he is capable, of full age, and also he has no serious problems that could impede the process of caring for the baby. This means that if guardianship is established over citizens without parents, then not everyone can be candidates for their upbringing. Children and adolescents are trusted only to those who have their own housing. The guardian should not have financial difficulties or physical ailments.
Moreover, such an applicant must be registered in the territory of the state in which he is trying to bail the child.
Who may be denied
First of all, custody and trusteeship will have to be forgotten by those who have a criminal record (especially outstanding). Also, the inspecting authorities are doubtful about those people who have serious problems with the law, permanent debts and unpaid loans.
A parent who has already been deprived of this right will not be able to draw up a guarantee. Guardianship is not established over minors in the event that the applicant for this role is abusing alcohol, drugs or is a toxicomaniac. It will also be denied to those who have cancer of the 3rd or 4th stage. Additionally, there are some types of diseases associated with the musculoskeletal system that interfere with this process.
A potential guardian must prove that he does not have any mental disorders. Otherwise, the situation when trusteeship is established for persons under the age of 18 is impossible.
What characteristics should an applicant have
Before submitting documents, you need to be prepared for the fact that all information must be true. This means that state bodies without fail verify all information about the identity of a potential guardian, including the place of work. Perhaps a meeting will be held with the leader, who will have to give his assessment and characterization to his employee. In this case, the opinion of colleagues is necessarily taken into account.
Also, neighbors in the landing, relatives and many other people can be interviewed. Additionally, a characteristic from the place of residence will be required.If necessary, inspection bodies may request a number of other documents.
Responsibilities of the Guardian and Trustee
First of all, a person in this status should provide a full and high-quality life to a child. The kid should develop, dress well and eat well. Also, the guardian must ensure that all personal and civil rights are respected in relation to the child. Also, this person can dispose of the property that is in the possession of the baby. For example, if his parents died and left his will, then until the age of majority of the child, the guardian can act on his behalf. The person who takes care of him receives a benefit and decides for himself what it is better to spend on.
What is forbidden to do
First of all, you need to understand well who is being established guardianship. This is an orphan child who needs protection and care. In addition to those things that are forbidden by default to be done with respect to minor children, it is worth noting that a person who has assumed responsibility should not allow some points. In no case does he have the right to prohibit the child from meeting his biological parents or interfere with their communication. If the ward baby has its own property or, for example, housing, which he still cannot use due to age, this does not give any right to the guardian to lease it or receive other benefits.
Also, he can not refuse standard reports to inspection organizations. The guardian cannot forbid inspectors to tell the child what status he is in and what rights he has. If a person does not notify the regulatory authorities and without demand has moved with a child to another country, then this is a strict violation of the law. Therefore, to carry out such actions is definitely never worth it.
Information in conclusion
Knowing whom guardianship is established over, one can make the right decision. In some situations, it is better to formalize an adoption, since in this case both the child and his loved one will have great rights. However, guardianship is often the only way to help a baby who finds himself in a difficult life situation.