Adoption and deprivation of parents of their rights to children are issues that are in fact very often closely related.
This can easily be justified by the fact that children whom their stepfather or stepmother want to adopt have biological parents, who sometimes, although they do not take any part in the life of their child, but for their personal reasons and beliefs, allow the child to become a legal member of the new families who don't give.
Hence the connection between the two procedures - without the successful completion of one, the second, as a rule, cannot be carried out.
General definitions
Guardianship is complete and voluntary. The latter is prescribed in the following cases:
- if the child is under 16 years old and is studying in another city,
- parents go on long-term business trips,
- Mom and dad constantly move to different places (for example, when they take temporary jobs).
The circumstance must appear in the application on a voluntary basis. Additional requirements should also be specified here. How and in what amount will contributions be made from parents, as well as the degree of their participation in raising the child.
Parents cannot independently deprive themselves of their rights to their child. This can only be done in court. An adoption application is not an explanation for the absence of parents. If the parents agree to adoption, they are obliged to transfer all their rights to a third party.
State legislation has established the following standards, according to which parents can be deprived of their rights. To do this, it is enough to bring to court a statement of your intention with evidence of inappropriate behavior of biological parents towards children. All papers are carefully examined. The conditions in which children live are checked. If the guardian fulfills all the necessary requirements, the child will be transferred to him.
When parents are unable to properly care for the child due to family or domestic reasons, a guardian becomes such on the basis of an application.
Why register?
The reason for the establishment of non-permanent guardianship is life circumstances in which a minor is left without parental supervision for some time. This is possible if the father and mother work in remote locations, often travel on business trips, or are seriously ill. Other common reasons include:
- financial difficulties in the family;
- shift work of mom and dad;
- studying for a minor in a foreign city.
Temporary guardianship is issued without deprivation of parental rights. On the contrary, parents take an active part in this procedure - they choose a guardian by mutual agreement, provide written consent to the OPP and set the validity period of the agreement. The presence of a blood relationship between the ward and the patron allows the case to be completed in a simplified manner without litigation.
Important! Regardless of the degree of relationship between the child and the appointed caregiver, the law especially carefully protects the property rights of a minor. A grandmother who is looking after her grandson does not have the right to dispose of the property of her ward for personal purposes.
Legislative framework
These family relations are regulated by the Family Code. If you open and carefully study Article 145, you can come to the conclusion that this is where the main requirements and conditions are contained.
When is guardianship established?
The legislation provides for the following grounds for registration of guardianship: parents
- do not fully fulfill their responsibilities,
- died
- gone missing
- abandoned the child
- have proven that they are incompetent.
In addition, according to current legislation, a child can be taken into custody if his parents are under 16 years of age and are not in a marital relationship.
Very often, guardianship is considered as the first step before subsequent adoption. It's like a test exam. If, as a result of guardianship, a good relationship develops between the guardian and the ward, the guardian will adopt him.
Requirements for a guardian
To be a guardian, you must meet a number of requirements established at the state level, i.e.:
- not have a criminal record related to causing intentional damage to human health and life,
- to be a capable person
- be over 18 years old,
- have good personal qualities.
In addition, consent from the ward himself will be required.
Guardianship will be denied to the following categories of applicants: persons
- with serious diseases, including those of a nervous nature,
- having a criminal record,
- in respect of whom parental rights were deprived,
- with drug or alcohol addiction,
- without special training (with the exception of the child’s relatives).
Guardian's powers
The full list of powers can be studied in the Civil Code, the Investigative Committee and the Federal Codes of the Russian Federation. According to them, the guardian assumes the following obligations:
- take care of the child, provide him with housing, clothing and food,
- care for and treat him (if such a need arises),
- provide an opportunity to learn, take care of physical development,
- provide the opportunity to meet with parents if they have not been deprived of parental rights,
- If your registration changes, immediately notify the guardianship authorities,
- act in accordance with the interests of the child in government institutions,
- live in the same living space with the ward if he is under 16 years old,
- dispose of real estate only after permission of guardianship,
- spend incoming funds only to provide for the child.
The guardian has the following rights:
- choose teaching methods and educational institutions based on personal decisions,
- represent the interests of the ward when it is necessary to carry out a transaction on his behalf,
- ask the guardianship authorities to remove obligations due to established reasons,
- receive money transfers for the maintenance of the ward.
Thus, before formalizing guardianship, you need to think very carefully and weigh all the positive and negative aspects.
Guardianship with living parents
There are often situations when guardianship is granted while the mother is alive. This happens when she does not perform her duties properly.
In addition, there are other situations:
- parents went on a long-term business trip,
- became seriously ill.
In this case, the child’s relatives become guardians. In addition, it is the guardians who will represent interests in government institutions.
Guardianship is most often arranged by the child's aunt or grandmother; it follows the usual form.
Note! In this case, there is no financial support from the state.
Responsibility
According to the laws of the Russian Federation in family law, a mother or father, if they are deprived of the opportunity to raise their child, in any case bear responsibility for his fate and actions. This preserves the obligation to support the child.
In addition, for three years after the court decision on deprivation of rights enters into force, parents are held responsible for harm caused by their children. To do this, the court must prove that the minor citizen’s offense was the result of improper performance by the mother and/or father of their duties (Article 71 of the RF IC, Article 1075 of the RF Civil Code).
Guardianship of a disabled person: payments
When obtaining the rights of a guardian for a disabled child, a standard scheme is used. The only difference will be in certificates from a medical institution and a certificate of disability.
State assistance in the form of funds necessary to pay for medicines and medical equipment is added to payments for the child.
Temporary guardianship
This type of guardianship may be chosen due to long business trips of the parents or their illness. Typically, the guardians are the child’s relatives, who can teach him or her at the chosen educational institution without asking the consent of the biological parents.
Joint custody
Situations of divorce after the birth of a child are not so rare. Unfortunately, people stop loving each other and no longer find a common language. But what should the baby do in this case? To minimize the stress of parents' divorce, joint custody is established over the child.
The fact is that, based on current legislation, parents have equal responsibilities and rights in relation to the life of the child. Joint custody can be divided into:
- legal, when the child lives with one of the parents, but both have equal rights,
- physical, if the child lives alternately with each parent, who fully fulfill their parenting responsibilities.
What authority does the father or mother retain?
A citizen does not cease to be a father or mother, even if the court deprived him of parental rights. And an adult must provide financial support to his children (Article 71 of the RF IC). Payment of child support is the only right that is retained by a person who has lost parental rights.
Do grandparents still have privileges?
A child has the right to communicate with his grandparents (and other relatives), regardless of his relationship with his mother and father. The law enshrines this advantage in Art. 55 RF IC.
If both spouses have been deprived by a court of the right to raise a minor, grandparents can adopt a grandchild or become his guardians (legal representatives). In order for the court to make a positive decision in favor of direct relatives, applicants must meet the requirements described in Art. 127 RF IC.
In addition, needy grandchildren may require their grandparents to pay financial support if the elderly have sufficient financial resources.
Special opportunities for a parent who remains a legal representative
Reference. If one of the spouses has lost the right to fulfill his paternal/maternal duty, then the second parent remains the sole legal representative of the child.
Accordingly, he independently makes decisions about the upbringing and education of the child, does not ask permission to take the child out of the country, etc. At the same time, the mother or father does not receive any special rights.
Where to start with child custody
In general, the process of registering guardianship can be reduced to the following steps:
- Submitting a statement of your intention to obtain guardianship. The application is submitted along with the entire package of documents.
- Representatives of guardianship and trusteeship must visit the future guardian at his place of residence no later than 3 days and look at his living conditions, as well as carefully study his motivation.
- Guardianship representatives must make a report no later than 3 days after the visit.
- A guardianship order must be made within 10 days. If guardianship is free of charge, you will need to sign the appropriate paper.
- Another 3 days are allotted to hand over the package of originals and the act to the guardian.
- The act gives the guardian the right to take the ward, but no later than two years from the date of receipt.
- Guardianship representatives issue a referral giving the future guardian the right to visit the ward’s place of residence. Moreover, if no wards are found in the region of residence of the guardian, you can contact the Federal database.
- Obtain written consent for guardianship from a child over 10 years of age.
- Draw up an appropriate act, which will be the official completion of the guardianship.
Peculiarities
If the court revokes only the maternal authority, the biological father has priority in taking the child away. Grandmother care under such circumstances is not considered necessary by the state. There is a chance to win the case if the father:
- not listed on the birth certificate;
- did not recognize a blood relationship with the child or there is no court decision to establish paternity;
- leads an immoral lifestyle;
- declared incompetent, partially capable.
Temporary guardianship is established over a grandson who has reached the age of 14. This form of care is characterized by the expanded capabilities of the ward. A 14-year-old person has the right to independently submit an application to the PLO with a request to assign a specific person to him for protection and representation.
The opinion of the ward, who is already 10 years old, must be taken into account when making the final decision. From this age, the child can submit his objections or suggestions. All considerations must be presented in writing.
If the ward moves to another region of the Russian Federation, then he should be registered at the new place of residence. This is necessary to apply for a medical insurance policy or to enroll your child in kindergarten or school. Without registration, it will not be possible to obtain payment and benefit provisions from the state.
Package of documents accompanying the application
So, to register guardianship you will need the following documents:
- certificate of ownership of the living space indicating its size,
- passport,
- a statement confirming the desire to be a guardian,
- applicant's biography,
- characteristics from work,
- certificate of employment and income,
- statement of financial account,
- certificate of no criminal record,
- consent to guardianship from other family members (must be provided in writing),
- a certificate from the guardianship confirming a good level of income, as well as the living conditions of the guardian.
Above is the main list of documentation. The administration has the right to supplement it with documents, depending on the specific situation.
Payments for a child under guardianship
So, as noted above, when a relative takes over guardianship, no payments are made.
Third party benefits are:
- one-time,
- premium,
- monthly.
The amount of cash benefit is:
- 15,000 rubles, if the ward is a child under 6 years old,
- 20,000 rub. for a minor over 12 years old (if there are more than three children, the additional payment for each of them will be 3,000 rubles). The same amount is provided for people under 23 years of age studying at the institute,
- 25,000 rub. guardians of disabled children will receive.
