Orphanages in Russia are crowded today. Unfortunately, situations where parents are unable or unwilling to engage in raising their own child are not uncommon. It is possible to give a child from an orphanage the opportunity to live in a family and his love without going through the adoption procedure. Today, the legislation of the Russian Federation provides another option for formalizing relations with the baby whom you want to bring up. This is custody of a child. How to become a guardian, what rights and obligations does this status give?
Guardianship or guardianship?
In the minds of many ordinary people, the concepts of “custody” and “guardianship” are inextricably linked. In fact, this is not entirely true. Indeed, it is about educating and meeting the needs of children left without parental care. However, in the case of custody, we are talking about children under 14 years of age. Guardianship is a form of relationship applicable to adolescents over 14. The guardian is required to raise a child, monitor his nutrition, education and other needs, he also has the right to represent and protect the interests of the guardian. Sometimes custody of a child is used as an intermediate version of registration before adoption.
Distinctive features of guardianship
Guardianship, unlike adoption, is not a secret. Biological parents have the right to receive information about the family of the guardian, to communicate with the child. At the same time, the guardianship family should not hinder and hide from the baby the fact of absence with him kinship relations. A child taken under guardianship retains his first and last name. Biological parents are required to provide a son or daughter living in the family of the guardian, to pay child support. The guardian receives child allowance from the state and must report annually on the use of these funds.
How to become a guardian?
People wishing to become carers should contact your local guardianship authority. Guardianship of a child may be executed by biological relatives or people who have no blood relationship with the child. If you decide to take this step, get ready for the fact that paperwork is not a bureaucratic formality in this case. You really have to go through a series of checks, prove to your social security authorities your security, and integrity of intentions. You can simplify the process of registering guardianship by contacting a good lawyer specializing in this field.
Who can take custody of a child?
Elderly people over the age of 60 are not eligible to take a child to a family. It will not be possible to take custody of the child by those who have already been removed from it earlier or deprived of parental rights in relation to their biological children. There are health restrictions: the guardian must be capable, not have chronic diseases that are potentially dangerous to the health of others. Guardianship over a child may be executed by a candidate who has a decent financial standing. During the checks, the condition of the existing housing, the availability of acceptable living conditions for the child's residence, and material wealth are taken into account.
What documents are needed for registration of custody?
In order to take custody, you must provide copies of your passport and TIN. If the potential guardian is married, a certificate of marriage will also be required.The availability of housing in the property is a big plus. Be sure to attach documents confirming the ownership of the apartment or house and statements from the personal account. Confirmation is required and material well-being. A certificate of employment for the last year is required indicating the position and salary of the applicant.
What other documents for custody of the child will be required? Also, characteristics from the place of work will be needed, if the candidate for guardians does not work, a similar certificate from the housing authorities will do. It is necessary to undergo a medical examination in a timely manner, as well as a psychological examination. It is necessary to supplement the collected package of documents with statements from family members about their consent to the adoption of a child in the family, confirmation of the absence of a criminal record, the conclusion of the SES after examining the premises for the admissibility of a child living in it, and an autobiography in any form.
Documents for the child
Guardianship over a minor child may be executed only upon submission of the necessary documents to the child himself. Verification of identity is required - a birth certificate or a copy of the passport for persons under guardianship over 14 years of age. It is important to confirm the necessity / admissibility of establishing guardianship. This is a certificate of death of the parents or documents confirming the impossibility / unwillingness to fulfill their duties.
If the parents are alive and not deprived of parental rights, in some cases they may be required to consent to the transfer of the child under guardianship. You will also need a medical certificate of his health and paper from the institution in which the child is located (characteristics, admissibility of the transfer of a minor to the family). Children over 10 years old have the right to officially express their desire / unwillingness to live in the family of a particular guardian.
Guardianship over a minor child: payments, benefits and benefits
The state provides assistance to families in which children under guardianship are brought up. Today, guardianship authorities are interested in transferring children from state institutions to wealthy, financially secure families. Allowances and benefits provided by the state should only partially facilitate the life of guardians and their wards. After the child is transferred to the family, a lump sum payment is made. After that, a monthly allowance for child custody is also charged. In our country, this is an amount from 6 to 8 thousand rubles, which varies depending on the region and the age of the child. In one family, up to 8 children can be under guardianship. However, keep in mind the fact that one child relies on a benefit in the amount of one unit, and on two children brought up in the same family - 1.5 benefit units.
What you need to know about guardianship?
The fundamental difference between guardianship and adoption is that in the first case, the person taking the child into the family is, as it were, the acting parent. There are frequent cases when children under guardianship are separated from their guardians due to the restoration of their biological parents. Guardianship is this form of legal relationship with a foster child, which can be interrupted at any time. For this reason, most adoptive parents prefer adoption to guardianship.
If necessary, you can arrange temporary custody of the child. This option is appropriate if, for some reason, the parents are temporarily unable to perform their duties. Worthy causes: serious illness, long working trips. Often in this case, temporary custody is executed by relatives or close friends of parents. In any case, guardianship of a minor child involves control by guardianship authorities. It is not necessary to be afraid of inspections; in fact, the requirements of inspectors are not too stringent.
The child should have his own berth and a table for classes.If a minor has a disability, he is assigned a separate room. Among other requirements - cleanliness and order in the house, the ability and desire to organize a varied and nutritious diet for the child. If registering guardianship of a child seems too time-consuming for you, learn more about the Foster Family program in your area. This option is, in fact, a lightweight custody option. Using it, the couple gets the opportunity to take one or more children into their family, receiving tangible help from the guardianship authorities, as well as wages for fulfilling the functions of the parents.
