Temporary custody of a child by a grandmother: how to register, is it possible to deprive a mother of parental rights

Today, for various reasons, many children are left without parental care.

The state has provided for the introduction of guardianship in relation to them.

It can be carried out both by close relatives of the child and by strangers.

As part of this publication, we will consider such an option as guardianship of grandchildren by a grandmother.

Conditions

For a grandmother to become a guardian for her grandchildren, the parents must, due to various circumstances, be unable to fully care for their children. We list only the most common situations.

Incapacity

In this case, the grandmother has a high chance of becoming a guardian for her grandson (grandchildren) when both parents are incapacitated.

For example, this happens when the father and mother of the child have not yet reached 16 years of age.

If only one of the parents lacks legal capacity, the second has an advantage over the grandmother in terms of raising children.

Death of parents

When the father and mother die, the grandparents usually become guardians. If only one of the parents dies, the child remains with the living mother or father.

Deprivation of parental rights

The grandmother has the right to start registering guardianship of her grandchildren only after the court decision regarding the parents enters into legal force.

Subsequently, people can have their parental rights restored.

In such a situation, the question of canceling guardianship may arise.

Long-term absence of parents

Guardianship is temporary. It is assigned to the grandmother for the time when the children’s parents are on a business trip abroad or doing work on a rotational basis. Upon their return, guardianship ends.

Required documents

The main documents for registration of guardianship are statements from parents and grandparents.

Attached is a list of documents for the guardian:

His passport.
Autobiography.
Certificate of employment (indicating salary and position).
Other certificates confirming income.
Marriage certificate.
Medical documents confirming the absence of diseases for which you cannot be a guardian.
Consent of the guardian's family members (over 10 years old) to live together with the child under their care.

If a person who is not a relative of the child wants to become a guardian, he is required to additionally complete a preparatory course for guardian and trustee. As a result of completing the course, he will be given a corresponding certificate.

A number of documents must also be submitted for the child himself:

Passport or birth certificate.
Consent to registration of guardianship if the child is already 10 years old.
Medical report.
Documents on the basis of which the reasons for placing a child under temporary guardianship with living parents become clear.

Additionally, the PLO may request documents about the criminal record of the guardians, the composition of their family and the amount of their pension, as well as other documents necessary in a particular situation.

Requirements for a guardian

Their legislation puts forward several. First of all, the grandson’s grandmother must be legally competent.

In addition, the woman should not have a criminal record or other problems with the law in the past.

If the grandmother was previously deprived of parental rights, then she also does not have the right to obtain custody of the child.

Grandmother should not have bad habits such as alcoholism or drug addiction. The guardianship authority may require her to provide relevant certificates from doctors.

Practice shows that guardianship authorities are reluctant to accommodate a person who has turned 60 years old. However, the legislation currently does not contain a maximum age limit for candidates for guardianship.

Registration of guardianship by a grandmother implies that she has the proper financial situation. In addition, living conditions for the grandson(s) must be provided. All this will be checked by the guardianship service before placing the children in foster care.

The personal relationship between grandmother and grandson plays an important role. This circumstance is also taken into account when making the final decision.

How much do they pay for guardianship?

Payments to persons who have taken custody of children are regulated by federal law of the Russian Federation

and are divided into several categories:

A one-time payment upon the act of transferring a ward to a guardian. On average, it is 16,400 rubles ( No. 74 PP dated January 26, 2018
).
According to Article 12.2 of Federal Law No. 81 of the Russian Federation
, when adopting a child with a disability, over 7 years old, or who has siblings, the amount is 128,053 rubles.
Monthly payments: A young child under 12 years of age – 16,500 rubles. Over 12 years old - 22,000 thousand. If the foster child has a disability - 28,000. If there are more than 3 children taken into care, 3,300 are added to this amount for each.

Funds are subject to control by the guardianship and trusteeship authorities, who request a report on expenses from the guardian.

Payment amount

The process of registering guardianship is not as complicated as compared to the further education of a child taken into custody.

Therefore, the state provided financial support for those who decided to take on the powers of a guardian.

So, in 2020 there are the following benefits:

When registering guardianship, the grandmother can count on a one-time payment in the amount of 13,471 rubles.
A benefit paid from local budget money. For example, guardians living in St. Petersburg can count on an additional payment of 24,502 rubles.
Up to 1.5 years of age, payments are accrued every month for a child.
Monthly additional payments for guardianship amount to 7,580 rubles.

It is important to know that the above payments will only come when the guardian collects a certain package of documents. Their list is similar to what needs to be collected when registering guardianship. In addition, you must attach a document confirming the custody rights of the child.

It is worth noting that when a grandmother has temporary custody of a child, payments are also due. Their size is similar to the size of those paid for full guardianship.

Although such a procedure can lead to bureaucratic problems, they are overcome by the joy of guardianship. Many citizens spend more than one month collecting documentation, thanks to which they get the opportunity to take care of the child, exceeding his interests over their own.

Temporary or permanent guardianship

Legally, the form of registration of grandmother's care for her grandchildren can be of two types: permanent and temporary.

Permanent guardianship is introduced in the event of the death of the child's mother or father or their recognition as incompetent.

The above also applies to situations related to the deprivation of parental rights to two people at once.

This type of guardianship is introduced without time restrictions and can be canceled either by the competent authorities or by a court decision.

Temporary guardianship assumes that it is introduced for the period the parents are on a business trip or employed on a rotational basis . If they arrive ahead of schedule, then they have every right to take the child with them. The grandmother or the guardianship authority has no right to interfere with this.

When it comes to temporary custody, the child’s parents themselves indicate in their consent the date range during which they entrust their grandchildren to the grandmother. After its expiration, guardianship ceases to exist.

Types of guardianship

There is a common misconception in Russia that guardianship is only granted to children whose parents have died or been declared incompetent. In fact, this is not true: the mother and father can give the minor temporary custody under certain circumstances.

Let's look into this issue and find out when and what type of guardianship is issued.

Permanent guardianship

Permanent guardianship is a form of placement for a child left without parents due to their death or deprivation of parental rights. He is placed with a foster family or one guardian until he reaches adulthood.

Also, permanent guardianship is issued for adult incapacitated citizens who require help and care. For parents who want to place their child under guardianship for a while, this method is not suitable.

Temporary guardianship

According to Art. 13 Federal Law No. 48, temporary guardianship is established over children upon a joint application of the parents if they:

They work on a rotational basis and leave for long periods of time;
Are undergoing long-term treatment in hospital;
They move to another city or country to look for work, study, or care for a seriously ill relative.

Temporary guardianship can be assigned when a teenager is sent to study abroad or to another city. The main condition is that the reason must be valid.

When parental rights are limited, temporary guardianship may be established until the expiration of the period specified in the court decision.

Note! When assigning temporary guardianship, the AOiP pays close attention to the relationship between the guardian and the child. The latter's opinion will be taken into account. If during the conversation it becomes clear that the minor has a negative attitude towards the guardian, the parents will be required to choose another candidate.

The opinion of a child over 10 years old is taken into account without fail. If he is under 10 years old, the POiP staff will still have a conversation with him and find out his attitude towards the guardian.

Why is temporary guardianship needed?

Few parents think about appointing temporary guardianship, even if they have to leave the child with grandparents for a long period of time. They don’t see an urgent need for it or don’t find the time.

If a child lives with his grandmother without registration of guardianship, he may be quite prosperous from the everyday point of view (fed, well-groomed, healthy), but from a legal point of view, he is not protected. His legal representatives - mother and father - are absent, and grandparents do not have the right to represent the interests of the child, make decisions, or bear responsibility.

Example 1 Single mother O. Polishchuk worked as a doctor in the regional center. After the end of her maternity leave, the woman was sent to improve her qualifications in Moscow. O. Polishchuk did not apply for temporary guardianship for six months and simply left the child with her grandmother.

During his absence, Polishchuk O. I have a place available in the kindergarten at my place of residence for her child. But since the mother was absent and the grandmother was not authorized to act in the interests of her grandson and submit documents, the vacant place was soon taken by another child.

Example 2 Spouses Kosenko V. and O. worked together on a rotational basis. The joint 5-year-old child stayed with his grandmother during the parents' regular work trips. Temporary guardianship was granted to the child for 1 year (until the end of the employment contract).

During another work trip, the child had an accident.

For surgical intervention and examination, it was necessary to obtain parental consent. Being the guardian - the legal representative of the child - the grandmother gave her consent. The child received medical assistance. The grandmother was allowed to accompany the child and make all decisions regarding his health.

Thus, temporary guardianship is not only a way to preserve a child’s familiar environment (place of residence, routine, everyday life, attending school or kindergarten), but also a way to protect children’s rights during the absence of parents.

Preliminary custody

The appointment of preliminary guardianship is regulated by Art. 12 Federal Law No. 48. It is used in emergency cases when a child or an adult incompetent citizen is left without parental assistance.

Preliminary guardianship and trusteeship help prevent the placement of a child in an orphanage. It is always established on a non-permanent basis, but, unlike temporary guardianship, the least requirements apply to guardians, and registration occurs as quickly as possible. Another difference is the inability to dispose of property on behalf of the ward or give consent to transactions with him.

The preliminary guardianship agreement is drawn up for a period not exceeding 6 months. In exceptional cases, it is extended to 8 months. If the guardian does not register the status of a permanent representative of the minor, the latter POiP continues to look for a guardian or guardian on a long-term basis.

Joint custody

The concept of “joint custody” does not exist in Russian legislation.

What people usually mean here is:

Registration of guardianship of a child by two spouses who are not his parents;
A minor living with his parents after a divorce, when the child lives for a week with one, a week with the other.

In the first case, clause 7 of the Decree of the Government of the Russian Federation of May 18, 2009 No. 423 is applied, according to which several guardians are appointed for a minor in exceptional cases. If a married couple wants to establish guardianship, an agreement is usually concluded with one of the spouses, and the other gives written consent. Joint custody will require a joint application from both applicants.

In the second case, guardianship is not formalized. If parents, after separation, want the child to live with each of them in turn, instead of guardianship, they need to determine the place of residence and order of residence by concluding an agreement with a notary or going to court.

Important! Parents cannot obtain guardianship over their children - they already have responsibilities and rights under Chapter. 12 of the RF IC, which are much broader than those of guardians.

Temporary guardianship or trusteeship?

Child care comes in two forms. Everything will depend on his age.

So, if the grandson is not yet 14 years old, the grandmother is allowed to obtain guardianship over him.

At the age of a child from 14 to 18 years old, guardianship is introduced in relation to him.

The difference between guardianship and trusteeship is the scope of rights that the guardian (trustee) has in relation to the child. In the case of guardianship, all legal actions on behalf of the child are performed by the guardian. The trustee only gives his consent to the teenager himself completing this or that important transaction.

Legislative regulation

The basic rights and obligations of the parties, the legislative regulation of the process is regulated in:

Federal Law “On Guardianship and Trusteeship” dated April 24, 2008 N 48-FZ
Civil and Family Codes
Administrative Code (activities of guardianship authorities, as well as responsibility).

Voluntary guardianship must be formalized by the parents if there is a valid reason in the family for which the parents must separate from the child for a certain time. This formality can prevent unpleasant consequences, for example, if urgent consent is needed for surgical medical intervention for a child.

However, such care cannot be used for selfish purposes to free oneself from parental obligations. This may result in loss of rights altogether.

Registration of guardianship over a child by a grandmother

It includes several successive stages.

First, the grandmother must contact the guardianship service with an application to appoint herself as a guardian and a package of necessary documents.

After this, the specified body creates a special commission. She will check the financial situation of the candidate for guardianship, as well as the living conditions that will be created for the child.

If everything goes well, then a decision is made to introduce guardianship.

This document is valid for three years. After this, the grandmother will have to repeat the entire procedure again.

Procedure

The process of obtaining temporary guardianship includes:

Consultation in the PLO.
Preparation of documents for the ward and guardian.
Drawing up an application for guardianship.
Verification of submitted documents.
Checking the guardian's living conditions.
Issuing a conclusion on the right to be a guardian.
Issuance of a decision on the appointment of temporary guardianship.

Some stages need to be considered in more detail.

Who is being considered?

Usually all issues are dealt with by the guardianship service. However, the procedure may be accompanied by problems. In this case, there are additional ways to solve them.

Child protection

They first study the application and the entire package of documents submitted by the grandmother.

Then there is a visit to the place and inspection of the conditions of the child’s future living.

Based on all the information collected, a decision is made to assign the grandmother the status of a guardian.

Challenging the decision - in court

It happens that the guardianship authority may refuse a grandmother without sufficient grounds. Then this decision should be appealed in court. The claim should refer to the fact that all previously submitted documents are in perfect order. In addition, it is necessary to emphasize that the grandmother fully complies with the requirements for guardians. The essence of the demands may be to force a decision on guardianship.

Verification of documents and place of residence

From the moment PLO employees receive the application for temporary guardianship, they are given three days to check it, as well as to check the submitted documents. During the inspection, the PLO has the right to request additional documents and clarify the necessary data.

They are usually interested in:

Whether the grandfather or grandmother had a criminal record.
What is the size of their pensions?
Information about the family composition of grandparents at their place of residence.

An important stage is checking the sanitary and technical condition of the guardians’ housing. Within 5 days after receiving an application for registration of guardianship, POO employees must visit the applicants and assess the area of the living space, its lighting, level of heat, safety, as well as the availability of conditions for the child’s education, residence and leisure.

Details of the verification process are specified in the Order of the Ministry of Education of the Russian Federation of 2019.

Based on the results of the inspection, PIO employees will draw up a report. This document will be one of the most important when deciding on temporary guardianship.

Statement

It is written by hand or typed on a computer.

It must have the grandmother’s personal signature on it.

The guardianship authority may have its own forms.

In this case, the service staff will provide assistance in drawing up an application.

Form/items

There is no need to have the application certified by a notary. However, it is desirable that it has its own structure. First, the name of the guardianship authority is indicated, as well as information about the applicant, including date of birth and passport series.

At the beginning of the application there is a request to establish custody of a specific child. In this case, the grandmother must indicate that she has no obstacles to being a guardian.

In the next part you should provide information about your financial situation. You can refer not only to your income, but also to the earnings of your grandmother’s spouse. You also need to describe the living conditions for the child.

Sample

Application for guardianship

Below we provide a sample application form for the guardianship authority. It can be modified at your discretion.

Required documents

Here is the main package of materials that should complement the application for guardianship:

grandmother’s own passport and pension certificate (if available);
documentary evidence of financial status and availability of living conditions;
medical report on health status;
a certificate confirming no criminal record.

If guardianship is temporary, mutual consent from the parents will also be required. This list may vary slightly locally. Therefore, it is recommended to clarify everything in advance.

Decor

The grandmother contacts the guardianship department at her place of residence to receive a list of necessary documents.
If the addresses of residence and registration are different, then you need to select the department of the guardianship and trusteeship authorities that is located at the place of residence. Employees will supervise the child and grandmother after all documents have been completed. If the parents are alive, but cannot raise the child, then they themselves apply to the guardianship department to submit an application for the appointment of a guardian. Within 3 days, a special commission will come to grandma and evaluate her living conditions.

As soon as all the documents have been reviewed, guardianship officials will inform the grandmother about her ability or impossibility to raise the child. If the conclusion is not in favor of the grandmother, then it can be appealed in court within 10 days.

Where to contact

Regarding the establishment of voluntary guardianship, you should contact the guardianship and trusteeship authorities at the place of residence of the future guardian (trustee) or child. If such a body is absent in a given area, it is replaced by municipal bodies that have such rights.

The guardianship authorities not only formalize the entire procedure, but subsequently act as supervisory authorities.

Documents for registration

The child and grandmother must provide the following documents to the guardianship authorities:

grandmother's passport>;
medical certificate about the health status of the grandmother and child;
income information>;
home ownership>;
autobiography and certificate of no criminal record;
child's birth certificate>;
written consent of the grandson (when he reaches 10 years of age) and existing relatives.

An act is also required, which is drawn up by PLO employees after a visit to an elderly relative.

If the child does not live with his grandmother, then a conclusion is needed regarding the conditions of suitability of the place in which he lives.

Procedure for filling out an application

The grandmother submits a statement to the PLO, which is drawn up according to the following algorithm:

The header of the document indicates the name of the guardianship authority , the full name of the candidate for guardianship, his address and passport details.
The text of the application indicating the grounds for the further upbringing of the child . Such data should include facts about the applicant’s financial and housing conditions and health.
Information that the guardian has not been deprived of parental rights and has not previously received a refusal of possible guardianship.
The application indicates the grandmother's place of work, if she is not retired , as well as information about pension payments, characteristics of the place of residence, and the degree of relationship between the child and the guardian.
Information about education and experience working with children is indicated , and the relationships between relatives that have developed over the entire period of living together are also described.
Below are written the full names of all family members who have expressed their consent to the grandmother’s guardianship of the child.

If parents apply to the PLO, they indicate all the data of the relative and describe the reasons why she should become a guardian.

Possible reasons for refusal

Custody at the request of parents may not always be based on the need for parents to leave their children in the care of others for good reasons.

Often, negligent parents try to obtain such temporary custody of their children in order to relieve themselves of responsibility for upbringing for a certain time due to their unfavorable family circumstances. In such cases, the guardianship authorities carefully check the submitted applications, whether there are valid reasons, the living conditions of the child with the natural parents, and the parents’ occupations.

If abuse is detected (drunkenness, drug addiction, gambling and other antisocial behavior), the guardianship authorities will require clarification from the parents and will most likely refuse the request for such guardianship. They may also be deprived of parental rights, and the child may be placed under the guardianship of other persons or for adoption.

In what cases is it impossible to obtain guardianship?

There are many situations when a candidate receives a reasoned refusal after submitting documents.

This happens under the following circumstances:

there are restrictions due to health reasons;
The Department of Internal Affairs has recorded a criminal record that qualifies against the health of other people;
the minor refuses to stay with the family;
the applicant is negatively characterized according to information from departments, place of work or residence.

If the guardianship department considers it inappropriate to transfer the children to this family, it draws up a conclusion where this fact is recorded, and the parents are asked to consent to their living with other relatives, if any.

A grandmother who has granted guardianship to her granddaughter or grandson must bear full responsibility for their well-being, health and life, and actively participate in their upbringing and provision of everything necessary.

Exercising control over the guardian

Guardianship authorities are interested in the health, safety and good life of the children under their care, therefore they have the right to conduct both scheduled and unscheduled checks of the child’s guardian’s standard of living. Guardianship authorities may come without warning.

They will check the child’s appearance, how clean he lives, how he eats (availability of food in the refrigerator), whether he has his own workplace, sleeping place. They can talk to him. Particular attention will be paid to families whose neighbors have received complaints and allegations of child abuse, as well as from medical institutions or teachers.

If a child is over 16 years old, the check will be carried out at the place of his actual residence. Ensuring decent living conditions for a teenager is also the responsibility of the guardian (Article 36 of the Civil Code of the Russian Federation). If a child is planned to move, the guardianship authority must be notified about this, since within three days specialists will go out for a mandatory check of living conditions in the new territory. Based on the results of the checks specialists draw up a special document - an act of checking the living conditions of the child under guardianship.

Duration of registration of guardianship

How long does the custody appointment procedure take?

from 10 to 30 days – collection of documents;
up to 10 days – review and verification of documents, verification of the guardian’s place of residence, execution of an inspection report;
from 3 to 5 days – issuing a conclusion on the right to be a guardian and appointing temporary guardianship.

The length of time a grandmother or grandfather performs guardianship duties in relation to a granddaughter or grandson is determined by the parents themselves (depending on the circumstances due to which they are forced to place the child under guardianship).

The term of office of the guardian is indicated in the decision on the appointment of guardianship.

Consent to custody

In some cases, registration of guardianship requires approval not only from the relevant government service, but also from other relatives of the child or himself. Let's look at this process in more detail.

From a child

It is mandatory to obtain consent from him in the case when the grandson (granddaughter) is ten years old.

Such a declaration of will does not have to be certified by a notary.

The child can simply sign the grandmother’s application asking for guardianship over him.

From parents

As a rule, they themselves come to the guardianship authority and write a joint statement. It indicates the request to establish custody of the child, the reasons for such a step, as well as the period of time of care.

Registration of guardianship for elderly people in 2020

In patronage, the rights and obligations of the accomplice and the person of respectable age are regulated in detail by an agreement concluded between them. This may be a trust property management agreement, instructions or other agreement.

A guardian of people of respectable age, without the ability to bear his civil obligations, has fairly broad powers. Since a person who is incapable of civil law is not able to personally exercise his rights. All powers belonging to him are performed by his guardian.

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Benefits, benefits and payments provided to guardians

To the person (in this case, the grandmother) who has taken care of the child, after the guardianship relationship has been formalized, the state and local authorities can provide a number of measures of financial and other support.

First of all, after completing the entire process, the guardian is issued a lump sum cash benefit by the social security authorities.

Depending on the region, it can be obtained in the amount of 15 thousand rubles.

Support methods apply regardless of whether the grandmother is a temporary or permanent guardian for her grandchildren.

In addition, a monthly allowance may be provided for the grandmother as a significant increase in pension. The amount of payments may depend on the age of the child, region, and also on the period for which guardianship was introduced.

In any case, a woman who has decided to become a guardian should know all the financial details of the issue in advance. A lawyer who will study local legislation and be able to represent the interests of his client in social services on the basis of a power of attorney can also help with this.

To obtain financial support, you need to collect no less a package of documents than is required to establish initial guardianship. However, in some cases it makes sense to work hard.

Reasons and grounds for temporary guardianship without deprivation of parental rights

Example: “Alina Yu. admitted her daughter Yulia (3 years old) to the hospital for treatment. When the discharge deadline arrived, the mother did not come for her daughter. The head doctor drew up an act on leaving the child in a medical organization and transferred it to the social service. Alina was not at the specified address. Since Yulia has acquired the status of being left without parental care, she needs to be sent to a shelter. But a grandmother was found and took the girl into preliminary custody.”

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Important! If there is only one parent (for example, a single mother), then he draws up the application. If there are capable mothers and fathers who are not deprived or limited in their rights, consent must be joint. If one of the parents refuses to entrust the child to another person, the appointment of this type of guardianship is impossible. A parent deprived of rights cannot interfere with the appointment of guardianship at the request of a legal representative.

Questions

In this section, we will answer two common questions that arise for caregivers and those who are planning to become one.

Is it possible to obtain guardianship without depriving the parents of parental rights?

Yes, the law allows such actions.

Several cases are possible.

For example, the child’s parents go on a long business trip or to work in another city.

Then the grandmother has the right to become a temporary guardian for her grandson.

Registration of guardianship is also provided in the case where both parents, due to their health or financial situation, are unable to properly care for the child.

The following situation is also possible. Parents send a child under the age of 16 to study in the city where his grandmother lives. Then she also has the right to obtain temporary guardianship.

Up to what age can you get custody of a child?

Elderly people over 60 years of age do not have the right to take a child into their family. It will not be possible to take custody of a child for those who have previously been removed from it or deprived of parental rights in relation to their biological children. There are health restrictions: the guardian must be legally competent and not have chronic diseases that are potentially dangerous to the health of others. A candidate who has a decent financial situation can obtain guardianship of a child. During the inspections, the condition of the existing housing, the availability of acceptable living conditions for the child, and material wealth are taken into account.

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If the guardian's age exceeds 60 years; The candidate for guardianship has previously been deprived of parental rights; If the future guardian suffers from diseases such as tuberculosis, oncology, heart disease, mental disorders, infectious diseases; Disabled people of groups 1 and 2 who became disabled as a result of injuries received and are unable to find employment; Persons suffering from alcohol addiction/drug addiction; Citizens with a criminal record.