Child custody. How to take a child under guardianship: step by step instructions

Unfortunately, not all children are lucky to receive parental warmth, attention and care. There are many reasons why this right given to a child by nature cannot be realized. Custody of children or their adoption is a form of family education, each of which is designed to protect the child, to give him everything necessary for personal development in society. Moreover, they have certain features.

Basic concepts

Child custody is a special form of protection. It is valid for children under 14 years old. At the same time, the guardian assumes responsibility for protecting the personal and property rights of the child, protects him from the negative effects of third parties, and helps to grow and develop in accordance with the requirements of society.

Guardianship is almost the same form of family education, but the age category of children is changing. This already includes children from 14 to 18 years old.

Adoption is something else. Future guardians will already fulfill all the responsibilities of parents, as well as enjoy their rights. They can also change the first and last name of the child. That is, this form of protection is the most serious and involves many features.

What children can get custody?

So, as already mentioned, not every child can hope that his parents will faithfully fulfill their duties. There are also cases that relatives simply refuse the baby, leave him in the hospital or send him to a boarding school. In this case, he has the right to receive care from other people. Before taking a child under guardianship, you need to understand whether he can hope for this form of education. So, the establishment of guardianship can be done for such categories:

1. Children who have lost their parents (they have died).
2. If mom and dad are deprived of parental rights or limited in them.
3. Previous guardians have been declared legally incompetent by court order.
4. If parents maliciously shy away from providing and raising their descendants.
5. If the mother and father are unable to fulfill their duties due to a serious illness, a long stay abroad or in prison.
6. If parents use violence against their child.

Some nuances in establishing guardianship

As a general rule, the procedure is carried out at the place of registration of the child. In this case, it is much easier for the state body to find out why the baby was left without parental care.

It also happens that child custody can be entrusted to a person living in another country. This state of affairs is regulated by the current legislation. The maximum period for a child to be placed in a special institution or family is 30 days. Although there are situations when guardianship authorities cannot carry out all actions so quickly. Exceptional cases are also provided for in law.

The person who claimed responsibility receives a guardian’s certificate. It allows him to exercise the rights granted by the Family Code. At the same time, personal files should be instituted in government bodies for the ward. Naturally, authorized persons should monitor how the guardian fulfills his duties.

After the child reaches the age of 14, the form of education passes to another - guardianship. And this is done automatically, without providing additional documents.

As you can see, custody of children is not an easy process, which is characterized by a huge degree of responsibility.

Where should I go?

In order to obtain such a status, you need to apply to the appropriate authorities. However, first you need to find out where to submit documents. So, if you see that there is violence against children in the family or that parents cannot (do not want) to fulfill their duties, you can contact the police, as well as the guardianship authority. The latter is directly subordinate to the head of the local or district administration. That is, all decisions are approved by this particular official. Moreover, the document issued by the administration is valid throughout the state.

In addition, you will have to face the department of public education, which will verify the accuracy of your data and all the documents that you will need to collect. It should be noted that the statement should be written at the place of residence of the child.

Custody and guardianship of children is a serious step. Even if in this case you do not become full-fledged parents, you are still obligated to educate, protect the ward and help him.

What documents are required?

Before taking a child under guardianship, you should definitely understand whether you want this. No one can force you to take such a responsibility. Moreover, you should rely on your capabilities. Naturally, you also have to collect a package of documents. It includes:

• The applicant’s application, where he expresses a motivated desire to begin the custody process.
• A certified copy of the passport of the future guardian.
• Brief autobiography.
• Characteristic from the place of work, as well as from neighbors.
• Certificate of Income.
• A document confirming the availability of living space with an indication of its size.
• Certificate of availability of a financial personal account.
• Document of good conduct.
• Help from the health clinic.
• Certified copies of the marriage certificate, as well as the birth certificates of the children.
• Written agreement of all members of the applicant’s family.
• Report of the guardianship authority on whether the conditions are suitable in the room where the child will live.

This list is general. However, if you will take custody and guardianship of children, then the local administration may require some more paper.

Features of social custody

If the child is in a special type of educational or boarding school, then the administration is fully responsible for it. That is, the state is fully committed to ensure and satisfy all the needs of children who cannot be cared for in the family.

In some cases, this procedure cannot be started. For example, they cannot give to a family:

• Orphans who require long-term treatment.
• Disabled children with serious physical or mental disabilities.

In this case, the duties of the guardian are performed by the director of the educational institution. If the child has parents, but he is on state support, then the administration is obliged to maintain contact with them. Mother and father can visit their child, with the exception of some cases (the baby is seriously suffering after the visits of relatives, etc.). If there is a guardian, but he placed the ward in a boarding school and does not communicate with him for a long time, then the administration can initiate the termination of guardianship.

Who is not entitled to start the procedure?

There are people who cannot take such responsibility. Guardianship of orphans is not provided:

1. To minors.
2. Incapable (if there is a court decision).
3. People suffering from drug or alcohol addiction.
4. Seriously ill persons.
5. People who were once limited or deprived of parental rights.

In these cases, the institution takes care of the children. Photos of these kids are posted in the media in the hope that someone will want to take them to their family.

Rights of Trustees

Naturally, the guys who were left without parental care are no different from other children. They have the same rights and must fulfill the same duties.In this case, wards are protected not only by the legislation of our state, but also by the UN Convention.

So, custody and guardianship of minor children provide for the following rights:

• Parenting in a family. Moreover, the child must receive a secondary education, the right to do what he likes (hobbies), to develop comprehensively.
• Material support, as well as good living conditions.
• Moral support for adults, their care, emotional communication.
• The right to own income and statutory benefits.
• The right to housing.
• Protection of honor and dignity, own property and non-property rights.

Naturally, the child also has responsibilities. For example, he should be responsible for his actions, as well as for the harm done to him.

Rights and obligations of guardians

Those people who assume this responsibility are also protected by law. Social custody of children provides for such rights of adults:

• Independently determine methods and methods of education.
• Get help from guardianship authorities.
• Receive a monthly material allowance for the maintenance of children in the amounts established by law. On the other hand, this form of education is free of charge.

As for responsibilities, they are as follows:

• Provide comprehensive education of the child, his education.
• Give the ward love, care and attention. Provide emotional and psychological comfort in the family.
• Protect property and non-property rights of the child in the manner prescribed by law.
• Be responsible for the actions and harm caused to a ward who has not reached the age of 14 years.
• Keep in touch with the biological parents of the children, if they are and wish to do so.

It should be noted that the custody of a child from an orphanage provides adults with rights in relation to him only temporarily. They cease when the wards come of age or the conclusion of their official marriage.

When can custody be terminated?

There are only a few such cases:

1. Reluctance of the guardian to fulfill his duties.
2. Poor health, the occurrence of alcohol or drug addiction.
3. Implementation of actions that violate the interests and rights of the child.
4. Abuse of the ward.
5. Restoring the health of biological parents, their way out of prison. However, in these cases, no automatic return to the previous family is made. That is, the issue is resolved through the court.

An adult has no right to refuse custody for no reason.

Order of registration

So, now you should consider the stages of the procedure:

• Training courses for future guardians.
• Determining which child you want to take. In this case, you must first establish contact with him through personal meetings, which should also be obtained permission.
• Gathering the necessary documents and submitting them together with the application to the local guardianship authorities.
• Verification of personal data of the applicant.
• Obtaining the decision of the head of the local administration. Registration of the status of the guardian.
• Obtaining the appropriate certificate and the ability to take the child home.

In principle, these are the main stages of the procedure. Please note that children under guardianship have already received psychological trauma. So try to surround them with warmth and care as much as possible.

What is adoption?

This form of family education is the most responsible. The fact is that children in this case receive not only family and material support. Between them and adoptive parents are established related relationship. If the guardianship provides the opportunity to return the child to his family, then in this case this is impossible.

Naturally, this procedure has its own nuances. Adoption is carried out through the court after collecting the necessary documents, obtaining the right to be an adoptive parent. Keep in mind that this form of education provides a huge responsibility.

Adoption and guardianship of children is an opportunity for kids to get that care and affection from adults, which will help them become full members of society, able to perform socially useful functions.