The process of acquiring the status of guardian of a minor is a time-consuming task, which allows you to obtain the rights and responsibilities for the care and maintenance of a minor. The current legislation clearly regulates each stage of the designated procedure. The decision to appoint guardianship is made by the E&P bodies. The structure's employees carefully study information about the applicant and his application. The decision is made if the candidate meets the existing requirements for a legal representative. So, what are the conditions for child custody established by the current legal acts?
Legislative regulation, general provisions
The main legal act regulating the conditions of guardianship is Federal Law No. 48-FZ dated April 24, 2008. Some issues relating to the relationship between the ward and the patron are regulated by family law. The first of the presented legal acts considers such issues as the conditions for registering status, vesting a minor and a legal representative with a set of rights and responsibilities, and the requirements that must be met when approving a candidacy.
Important! An adult capable citizen may become a guardian of a person under eighteen years of age. In addition, the applicant must have a good reputation and be healthy enough to raise and support a minor.
Guardians acquire almost equal rights with adoptive parents (natural mother and father). However, these concepts have significant differences. So, guardianship:
- gives a citizen less rights in relation to a minor;
- is temporary;
- does not imply the possibility of changing personal data;
- entails stricter control over the actions of the cartridge.
In addition to accepting a baby into a family from an orphanage, it is possible to register a minor whose biological parents are alive. Sometimes the decision is made for the safety of the minor. There are other situations related to long work trips for mom and dad. Then legal representation can be issued for a certain period. Most often this is done by close relatives.
Children's rights
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What are the requirements for a potential cartridge?
To acquire the appropriate status, the applicant must fulfill a number of requirements. According to current legislation, these include:
- majority and legal capacity;
- no prior felony convictions or active criminal record;
- the presence of a stable financial situation sufficient to meet the needs of the ward;
- having your own living space that meets the standards for a child;
- less than retirement age.
Question:
With what criminal record can you not become a guardian?
Answer:
This requirement is one of the main ones. If a person has previously been convicted and served a sentence for crimes committed against the life (health) of a person, then he will never be able to become the child’s guardian. The same applies to a recent conviction for any crime, including an outstanding one. The citizen will need to submit to the OiP a certificate from the Department of Internal Affairs confirming the absence of punishments in accordance with the Criminal Code of the Russian Federation for the last six months.
Responsibilities of the legal representative
Legal representatives are obliged:
- represent the legal interests of the ward in government agencies, educational and medical institutions;
- spend the ward’s funds in accordance with his needs;
- provide conditions for living in the ward’s family.
Important! Despite the fact that a citizen has the right to distribute the money of a person left without parental care, the expenditure must be carried out in strict accordance with the interests of the minor. OiP requires a report from the patron. If it turns out that financial assets were spent on the personal needs of an adult, then he will lose his status and may be held liable under the law.
Conditions for registering guardianship: special cases
The conditions for carrying out the procedure discussed in this article may differ depending on the specific situation and depend on the type of guardianship. An agreement is concluded between the E&P body and the citizen applying for guardianship. The paper may include a clause stating that relations between the parties will be established on a reimbursable basis.
If a child, who for any reason was left without the care of his mother and father, is in an orphanage, then the interested person only needs to submit an application to accept the child into his family. Such actions often result in adoption. Government agencies will verify the fulfillment of the duties assigned to the guardian. If the minor’s parents are alive, their location is known, and they are not deprived of their rights, then consent must be requested from the mother and father to place the offspring in the applicant’s family.
Temporary representation of children is intended for the purpose of caring for minors who are left without parental care for valid reasons. As already noted, this form of patronage is associated with the involvement of relatives. It is better if the mother and father submit the application themselves. Thus, the OiP will have no reason to request evidence from applicants who have undertaken to provide for minors. This simplifies the procedure, since government agencies only accept documented evidence of long-term absence of parents. Temporary placement of persons under 18 years of age is impossible without the consent of the mother (father).
Important! A child from an orphanage can also be adopted into a family on a temporary basis. However, in this case, the requirements for candidates and conditions become noticeably more stringent. This happens when potential patrons or the guardianship structure are uncertain.
Will there be any problems when a single woman or grandmother applies?
Considering that guardianship is issued to one person, a woman can safely submit an application. However, she must realize that it will be difficult for her to raise a child. The guardianship authorities, in turn, pay attention to the financial and living situation of the applicant. If the living space allows you to comfortably accommodate the baby, and the income of the will-maker is sufficient to provide for the minor, then a positive decision is made. In addition, in the event of a divorce, a woman who accepted a child in marriage will not face the need to return the child to the orphanage, since the ward was given to her.
Grandparents have the right to obtain guardianship. To do this, they need to submit a package of papers to the O&P authority. The procedure is carried out if the citizen has not reached retirement age. However, there are exceptions based on parental requests. If mom and dad decide that a retired grandmother should look after the baby, then government agencies will not interfere with this, provided other mandatory requirements are met.
About the masters of fate
About the girl Nastya Terekhova-Jallul.
This is life, what can you do?
Nastya had a difficult fate, but she lived in a loving family of people who considered her their own. And even when they found out that she was not theirs, it didn’t change anything.
She grew up with her grandmother, whom she called mom, because her mother died when she was just over a year old, I’m not sure that she remembered her.
Lived in a civil marriage with his wife.
She died after giving birth. Now I can't get a baby born on August 13th.
The mother’s documents were lost; she had a temporary certificate. Now the child is not even given to the grandmother.
In the child’s documents there is a dash in the columns “mother” and “father,” said Nizhny Tagil resident Albert.
As the lawyer involved in transferring the child to the guardianship authorities told the man, he could prove his paternity only through the court.
What documents do applicants need to submit?
The following package of documents is submitted to the OiP:
- passport;
- TIN;
- pension (if the person has reached the threshold age established by law);
- a medical certificate confirming the absence of health problems;
- certificate from the police department confirming no criminal record;
- papers confirming the housing’s compliance with sanitary standards;
- documentation confirming the candidate’s stable income.
The application is submitted at the child’s place of residence. When the mother and father are alive, consent must be obtained from the latter. When appointing patrons, minors over 10 years of age are also given permission to be placed in a family.
Question:
What payments to guardians are due from the state?
Answer:
Based on the type of patronage and the health status of the minor, the beneficiary is entitled to benefits. Payments are made within the framework of federal and regional legislation. In 2021, citizens can count on the following amounts:
- 15 thousand rubles - for a child under 12 years old;
- 20 thousand rubles – for children over 12 years old;
- 14.5 thousand rubles - one-time assistance to the guardian;
- Additional payments in the constituent entities (the amount is established by the regulatory acts of the regions).
How to obtain custody of children after the death of their mother?
Hello Lilia,
As I understand it, you are not yet considering the option of marriage?
In your case, there shouldn’t be any special problems, because you are not a complete stranger to the children and you live together with them.
A guardian or trustee is appointed by the guardianship and trusteeship body with his consent or upon his application in writing at the place of residence of the person who needs to establish guardianship or trusteeship over him, within a month from the moment when the said body became aware of the need to establish guardianship or trusteeship over him. with such a face. At the same time, among many factors, the child’s opinion is also taken into account, provided that he has reached the age of 10.
List of documents
necessary
to submit to the guardianship and trusteeship authorities
to establish guardianship of the child. The list is closed (not expandable). The guardianship authority has no right to demand other documents from the guardian.
1. An application to the guardianship and trusteeship authorities with a request to establish guardianship over a specific minor. Provided in printed or handwritten form, certified by a personal signature. 2. Autobiography. It is written in free form. Provided in printed or handwritten form, certified by a personal signature. In the autobiography, in addition to the biography, it is important to reflect the marital status, changes in it, indicate education and experience in raising children. 3. A certificate from the place of employment indicating the position and average salary for the last 12 months, and for citizens who are not in an employment relationship - another document confirming income (for pensioners - copies of a pension certificate, a certificate from the territorial body of the Pension Fund of the Russian Federation) Federation or other body providing pensions); The certificate is prepared on the company’s letterhead and certified by the accountant’s signature and seal. The certificate indicates income before taxes. You can (but do not have the right to demand) provide an enterprise tax reporting form 2-NDFL or a copy of the income statement certified by the district tax office. 4. In the case of renting housing, extract the house (apartment) register from the place of residence. Standard form obtained from the UIRC (Unified Information and Settlement Center), DEZ or cooperative housing association, HOA management. If the housing is privatized or acquired and is privately owned, then documents confirming the ownership of the residential premises: a copy of the purchase and sale agreement, gift, exchange; copy of the privatization certificate, etc. 5. A copy of the financial personal account from the place of residence. Standard form approved by the district (city) administration, cooperative housing association, HOA. Usually issued in the same EIRC, REU. Homeowners' association, etc. 6. Certificate from internal affairs bodies confirming no criminal record for an intentional crime against the life or health of citizens. — Now such a certificate can only be obtained from the city (region) police department and from the GIAC of the Ministry of Internal Affairs of the Russian Federation. The certificate is issued on a special numbered form with an official seal. 7. A medical report from a state or municipal medical institution on the health status of a person wishing to accept a child for adoption, guardianship or foster care. Form No. 164/у-96. 8. A copy of the marriage certificate, if the citizen who has expressed a desire to become a guardian is married. You can bring a simple copy and the original certificate for verification. 9. Written consent of adult family members, taking into account the opinion of children over 10 years of age living together with a citizen who has expressed a desire to become a guardian, to accept a child (children) into the family; 10. A document confirming the completion of training of a citizen who has expressed a desire to become a guardian, in the manner established by these Rules (if any); The requirement to undergo mandatory training does not apply to stepfathers and stepmothers
.
(Federal Law No. 351-FZ, came into force on September 1, 2012). There are no mandatory requirements for psychological testing. This is the responsibility of the guardianship authority, and it is the right of the citizen to exercise this right or not. So far, Federal Law No. 48 of April 24, 2008 has not established such an obligation for citizens. He gave the guardianship authorities the right to train citizens and, in accordance with Art. 14 Rules for the selection, registration and training of citizens ... established by Government Decree No. 423 obliged the guardianship authorities to provide the opportunity to train citizens and test them AT THEIR WISH.
The guardianship authority has the right to certify documents, so copies do not have to be certified by a notary; it is enough to present the original for comparison.
check out the article on the topic:
How to obtain guardianship of a child? https://perlaw.ru/semeynoe-pravo/questions/kak-oformit-opekunstvo-nad-rebenkom
