Pre-custody is one way the state takes care of a child. This is a temporary transfer of the rights to education and providing the baby to other persons. This process can be started at the initiative of parents or because of their death, as well as a deadly disease.
What is needed for
Pre-custody and guardianship is one of the ways to protect the interests and rights of children who are left without parental care in their minor age. In contrast to the standard situation, in this case, the guardianship is executed for a while.
Patronage, first of all, is necessary for the care of the child and his material support.
Moreover, custody is different from guardianship. Guardianship is a form of organization of persons who have not yet reached the age of 14, but have already overcome the mark of 6 years. Guardianship involves taking care of older adolescents (14 and older).
The transfer of duties and rights to raise such children is carried out only on condition that the parents:
- themselves abandoned the child:
- have died or are seriously ill;
- were deprived of the right to education;
- for a long time are earning in another country.
In the case when the parents plan to be absent for a long time, they need to file a petition with the guardianship authority. In this case, it is necessary to indicate a suitable, in their opinion, applicant for temporary guardianship.
Key Points
To regulate preliminary guardianship, there is Article 12 of the Law of the Russian Federation “On Guardianship”. From others, this type of child's device is distinguished by a simplified procedure. This is explained by the fact that a person who is appointed a guardian is not subjected to comprehensive verification.
There are several situations that may cause the start of the procedure for the transfer of rights and obligations regarding the maintenance of children:
- Recognition of parents incompetent. The transfer of rights procedure can also be started if the father and mother of the child have been deprived of parental rights or are in custody. In this case, the consent of the parents to pre-custody under such circumstances is not required.
- Receipt of appeal from father and mother. This implies a situation where parents themselves turn to guardianship authorities in order to transfer the rights and duties of raising children. The circumstances that are the cause of such actions may be different: caring for a disabled person, refusal to educate, serious illness, long trip, etc.
- The death of parents. This also includes an incurable disease of the father and mother. Often, parents whose diagnosis leaves no chance of recovery, draw up a special letter. In it, they determine the person who will take responsibility for raising the child after their death.
In each of the situations described, custody and guardianship authorities should deal with the child. Children will be under their responsibility until a suitable family is found.
Who can be a guardian
In order to take responsibility for raising a child, it is necessary to meet certain requirements. These are the following criteria for choosing a guardian:
- the absence of mental disorders and any diseases that can lead to disability;
- availability of living space suitable for permanent residence with a child;
- age from 18 years.
Before drawing up a preliminary contract for guardianship, employees of the relevant authorities study each proposed candidate, and do this carefully.
Those citizens who want to take care of a child on an ongoing basis must be provided with evidence that they are able to educate and provide for it. You will also need to prepare the necessary documents.
The nuances of choice
The guardian can choose the child himself from the age of 14 years. In this case, he will personally have to contact the authorized bodies. The appeal must have a written form indicating the specific candidate and a description of the reasons for such a choice.
In the absence of such actions on the part of the child or his parents (they can also determine the candidate), the guardianship authorities will be engaged in the selection process themselves.
Moreover, the following categories of citizens will be primarily considered as candidates for transferring responsibility for upbringing:
- siblings of full age, as well as stepbrothers and sisters;
- grandparents;
- cousins and sisters, as well as uncles and aunts;
- neighbors;
- Close friends.
In the absence of persons from these categories, a candidate is selected among those citizens who have previously applied for a child to be raised.
Rules of appointment
Pre-custody and guardianship is one of the best options for a child who will remain without parental care for a certain period.
For this reason, the relevant authorities are looking for a suitable person before raising the issue of placing children in boarding schools and other similar institutions.
The process of registration of custody can be divided into several stages:
- the potential trustee collects the necessary documents;
- a statement with the required papers is sent to the guardianship authorities;
- representatives of the state institution visit the place of residence of the potential trustee to make sure that there are conditions necessary for the child to live;
- the preliminary permission of the guardianship authority is issued.
The procedure itself lasts about 3 days. Such short terms of consideration are explained by the use of a simplified system for processing the necessary documents.
It is important that the candidate for guardians creates or initially has living conditions in which the child can feel comfortable.
Required documents
It will not take a lot of effort to get the prior permission of the guardianship and trusteeship authorities. From the candidate you will need documents such as:
- identification;
- statement (it is important to draw it up correctly);
- inspection certificate of the dwelling, which should be drawn up by representatives of the authorized structure.
As a result, a preliminary contract for guardianship is formed. A sample of this document includes permission for a specific candidate to be a guardian. It also contains information about the living conditions, work and health of the selected person.
The list of documents may vary depending on the specific situation. Not the least important is the fact of who contacted the guardianship authorities.
- Child over 14 years old. In this case, one written request will be sufficient. Other issues relating to the execution of guardianship will be dealt with by the relevant authorities.
- Biological parents. They will need to draw up a written application and provide a birth certificate of the child, as well as the documented consent of the candidate for trustees.
- Persons who are not relatives. Those who are not related to the child by family ties will need to prepare documents such as a conclusion on the state of physical and mental health, information on the level of material income (wages, real estate), an autobiography, a criminal record, and a written appeal.
All papers are checked by guardianship officers.
The appeal itself to the authorities, regardless of the category of applicant, must be drawn up in accordance with existing standards.
This means that the document must specify:
- FULL NAME;
- TIN;
- address of the actual residence;
- valid phone number;
- date of birth;
- full information regarding education, work and material security;
- the reasons why the applicant intends to take custody of or transfer to the care of the child (if it comes to parents).
The timing
After all the data concerning the person who wants to take responsibility for the child is verified, a preliminary contract is drawn up for the guardianship authorities. It will act for a limited period of time.
To prepare the procedure itself, 3 days are allocated.
If the parents asked for the transfer of the child for temporary guardianship, then they must determine the period of preliminary guardianship. When the specified period ends, it can, if necessary, be extended. For this, another statement is being written.
The standard duration of the preliminary guardianship agreement is 6 months. But depending on the situation, the validity period of the document may vary.
The beginning of the term shall be considered the day when the permit document entered into force.
Possible payouts
There is free and paid guardianship. In the first case, the guardian fully assumes responsibility for the child and his financial situation as well. Accordingly, under such an agreement no benefits and payments are provided.
A slightly different situation in the case of reimbursable guardianship. Such trustees receive a certain amount each month. It is initially fixed in the contract and approved by the guardianship authorities.
Conclusion
Pre-custody is a chance for a child to receive full and high-quality care for a limited period of time. Candidates are checked and approved by the relevant authorities. Also, the child himself, if he is 14 years old, can choose a person suitable for him. Guardians conclude a contract and are under the supervision of specialists.