Fifth chapter. Parental care for children born in marriage

The guardian is

1. Independently submit applications to state and municipal authorities for all payments due to the ward.
2. Act in court as a representative and defender in order to claim alimony necessary to support an incapacitated person.
3. Take the necessary measures to protect the property rights of the ward and his valuables. In a judicial proceeding, reclaim from persons property from illegal possession, submit a demand for recognition of the ownership rights of an incompetent person.
4. Implement the obligation to take care of the transferred property of the ward, to prevent its loss, decrease in value, and so on. If there is an opportunity to earn money, contribute to the generation of income from property.
5. Submit claims regarding compensation for physical and moral harm that was caused to the ward.
6. Contact medical institutions to purchase services for a legally incapacitated person under care.
7. Stand up for the protection of housing rights by filing a claim to evict unfavorable tenants who do not have the right to be in the premises. In addition, a guardian is a person authorized to submit an application for a place of residence for an incapacitated person.
8. Contact the competent authorities with a statement indicating a violation of rights by other persons.

A guardian is a person who is responsible for another person. Accordingly, from the moment of acquiring a specific status, a person acquires a number of new rights and obligations not only in relation to himself, but also to the person under guardianship. At the same time, when a person takes on an updated list of rights and responsibilities, the child’s parents or other persons responsible in the past lose these rights. The moment of loss of legal status is determined by the moment of its acquisition by other persons.

Transfer to a family for upbringing (adoption)

The most lengthy and procedurally complex form of placing a child is adoption. Children who are orphans are transferred to the family through the adoption procedure, as a natural child. Such a transfer gives the adoptive parent the full range of rights and responsibilities of a parent, and the child has the rights and responsibilities that are inherent in their own children.

Adoption takes place in court. In some cases, the child's opinion about his adoption may be taken into account by the court. A court decision on adoption gives new parents the opportunity to change the child’s personal data: his first name, patronymic, last name.

In most cases, the adoption procedure is preceded by guardianship or guardianship of the child.

After the adopted child is placed in the care of adoptive parents, the guardianship and trusteeship authority controls the life of the child in the new family, subject to mandatory observance of the secrecy of adoption.

Such checks are carried out after 6 months, from the date of transfer of the child, after a year and over the next two years, once a year. If necessary, such examinations can be continued.

Library of lawyer Zharov

And now the child has a guardian... Cases when parents “come to their senses” and return to the child and try to take him away (this is called in dry legal language “restoring parental care”) are quite rare (in 2010-2012, only every tenth child of those identified as being left without parental care, was returned to their parents; ward children of this number - hardly every third). But such cases do occur, and, sadly, as a rule, with some kind of “distortions”.

The guardianship and trusteeship authority does not have the right to release (let alone remove) the guardian from his duties only on the basis that the parent has “returned”. As is imperatively established by paragraph 1 of Article 39 of the Civil Code of the Russian Federation, the guardianship and trusteeship authority relieves the guardian or trustee from fulfilling his duties in cases of the return of a minor to his parents or his adoption. Considering that the child cannot be left without any care at all (Articles 121-123 of the RF IC), the release of the guardian can take place no earlier than the child is actually handed over to the parent.

Definition

A child left without parental care is a minor who was left without the care, attention and material support of the latter, due to the fact that they were deprived or limited in their rights to him, evade upbringing, are absent for a long time, do not take him away from educational institutions.

Issues regarding the placement of such children in foster or foster families or in specialized institutions are dealt with by state social services. They must identify such minors, keep records of them, and also monitor their future life, nutrition and development, if the latter were transferred to other people for education.

Guardian - trustee - foster parent

A guardian or trustee can be appointed only with his consent. In this case, his moral and other personal qualities, ability to fulfill the duties of a guardian or trustee, the relationship existing between him and the person in need of guardianship or trusteeship, and, if possible, the desire of the ward must be taken into account.

It is planned to open new foster families every year. Priority is given to citizens registered with the guardianship and trusteeship authorities of the TOSZN in the Yuryevets municipal district as candidates for guardians (adoptive parents) who wish to adopt a child from the Orphanage.

Device

Orphans and children left without parental care are placed in specialized institutions so that they can eat normally, develop and receive an education.

There are several forms for placing minors:

• guardianship or guardianship;
• adoption, adoption;
• foster or adoptive family.

If there are no such possibilities for identifying children, they should be transferred to special institutions. The latter can be of the following types:

• orphanages;
• boarding schools;
• social rehabilitation centers and shelters.

Art. 155 of the Code on Family Relations states that the list of such institutions can also be supplemented by other non-profit organizations that will carry out their main functions in the form of supervision of such minors.

In this case, assistance to children left without parental care is provided by the state through special social services that place them in foster and foster families, as well as in specialized boarding schools and temporary shelters.

Claim for deprivation of parental rights from a guardian

Your reasoning is absolutely correct. A father who does not want to participate in the maintenance and upbringing of his child may be deprived of parental rights. File a claim. in which you describe everything that you said here and go to court. By depriving the dad of his rights, you will not only be able to take the child wherever you want without permission, but you will also protect the child from the obligation to support such a dad in old age.

Parents (one of them) may be deprived of parental rights if they: evade the duties of parents, including malicious evasion of child support; refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or similar organizations; (as amended by Federal Law No. 49-FZ of April 24, 2008) abuse their parental rights; children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity; are patients with chronic alcoholism or drug addiction; committed an intentional crime against the life or health of their children or against the life or health of their spouse. Art. 69, “Family Code of the Russian Federation” dated December 29, 1995 N 223-FZ (as amended on November 30, 2011)

Judicial protection

If the rights of children left without parental care and orphans are violated, their legal representatives and the prosecutor have the right to appeal to higher authorities to restore social justice. In this case, these citizens can appeal to the court located at their place of residence.

Protection of the rights of children left without parental care is carried out by professional lawyers free of charge, because such a rule is established by the legislation of the Russian Federation.

When appealing to a judicial body, the prosecutor always proceeds from the fact that citizens of those children who have lost their parents, due to their difficult financial situation, cannot do this on their own. In addition, they need state protection.

Temporary custody of a child: subtleties of the process

It is important to know: the child’s parents themselves can apply to the OPP. Then, in addition to the above information about the baby and his intended guardian (in this case, the grandmother of the offspring), in their application the mother and (or) father must list the reasons why they themselves cannot take care of the baby and seek to transfer custody rights.

Thus, in a situation where the child’s parents are alive, do not have critical health problems and technically could take care of their offspring themselves, but for some reason (the most common is an asocial lifestyle) do not do this, it is easier for the grandmother to deprive their parental rights, and only then formalize guardianship.

Benefits for guardians of children without parental care

Good afternoon Tatyana, the article states that the amount of the discount on payment for housing and communal services is set individually in each region of our country. You can find out the size of the discount at the Department of Social Protection of the Population of your municipal district, or this benefit can be expressed in the form of monetary compensation.

• the opportunity to receive free medications for a child under 3 years of age;
• the right to free school meals;
• discount on utility bills of 50%;
• free travel on commuter trains and other public transport;
• the opportunity to receive free uniforms for schoolchildren.

A guardian is a parent

A guardian is a person who is involved in raising minors (under 14 years old), the mentally ill and the mentally ill. Guardians can be adult citizens, regardless of gender, nationality, race, property or official status. Guardians are legal... ... Dictionary of business terms

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Grandmother guardian deprives mother of parental rights

If the child still has at least 1 parent who has not been deprived of parental rights, a guardian will not be appointed for this child. The grandmother does not have the right to such a claim; only the court can deprive her of parental rights, and the grandmother can apply to the guardianship authorities with an application for the mother to the court itself.

There can be no guardianship if the father is alive. Since your father is not deprived of parental rights, he must accordingly bear all the responsibilities for your and your sister’s upbringing and maintenance. FAILS - complain to guardianship. Then there will be a basis for deprivation. It’s already too late for you, 17 years old (deprivation of rights is a lengthy procedure, you will already have reached the age of majority by that time), and in relation to your sister, your grandmother will still have time to act as a guardian. But there is a risk that, due to health or age, the grandmother will be refused and another guardian will be found for you. This is a double-edged sword.

State support

The rights of children left without parental care should under no circumstances be violated. Therefore, there is government support aimed at protecting them. Children in this case have the following rights:

• for education;
• for medical care;
• to obtain housing;
• for carrying out work activities.

The protection of children left without parental care is carried out with the help of state guardianship authorities, thanks to which the child will be able to find a new and strong family that will be able to take care of him and his future better than the previous one.

Registration of guardianship of a child with living parents

1. The guardian must be a legally competent adult citizen.
2. This person should not have precedents for depriving parental rights.
3. Such a person must not be involved in criminal proceedings or have a criminal record.
4. Drug addicts, alcoholics and disabled people of group I do not have the right of guardianship.
5. Only someone who has completed special training courses can become a guardian.

1. Passport.
2. Autobiography of an adult who wants to be a guardian.
3. Papers confirming the ownership of real estate and the income level of the potential trustee.
4. Application in a special form confirming the desire to become a guardian.
5. A certificate confirming a full examination to determine the presence of serious diseases.
6. Parental consent, if available.
7. Pension certificate, if we are talking about grandparents.
8. Papers confirming no criminal record.

Should a guardian collect child support from parents?

The guardian is the legal representative of the child, and therefore MUST comply with the requirements of the law to preserve the rights and interests of the child. The right to maintenance from parents (alimony) is an inalienable right of the child, and the OBLIGATION of the guardian is to observe this right. Therefore, you MUST file a lawsuit to recover alimony from the child’s parents, even if they are both deprived of parental rights.

I'm sincerely surprised by this question. It is common practice for the child's guardian to collect child support from the parents if the parents are alive. Even if their whereabouts are unknown, the claim is filed at the place of registration of the child, and the guardian receives a writ of execution and a certificate from the SSP about non-payment of alimony. And the presence of this certificate significantly affects the amount of the child’s benefit. Even if you are able to adequately support your child and do not need this money, it does not matter. This money belongs to the CHILD, not you. Therefore, you are obliged to request them from your parents or the state. If you don't need them, open an account in your child's name and put the extra money there.

Difficult situations occur in every person’s life when independent decision-making is required. He is responsible for his own actions and actions, but if parents have a child, they bear full responsibility for his health and life.

Mother and father are not always able to raise children. For some, this situation arises for objective reasons (death, for health reasons), for others due to subjective circumstances (deprivation of maternity and paternity, evasion of parental obligations). In this case, a guardian or trustee may appear in the child’s life instead of a father and mother.

What is guardianship

The concept of guardianship is used in the social sphere to define the circle of obligations of a citizen who becomes the legal representative of children if their father and mother, for certain reasons, cannot independently provide care, live with them, or resolve issues relating to their future fate.

Guardianship is a form of placement of a minor child in the family of a relative who, after issuing a document on his appointment, is fully involved in his upbringing, maintenance, and provision of everything necessary for comprehensive and harmonious development. This process continues until the mother and father are restored to their rights, and if this does not happen, the children will have the status of being left without parental care until they reach adulthood.

Legislative regulation

The state regulates at the legislative level the legal relations between children, trustees, and guardianship departments. The life of the family in this case is inextricably linked with these regulatory authorities, since the representative fulfills his duties by coordinating actions with specialists in this field of activity.

IMPORTANT! The main legal act regulating the legality of the actions of trustees and guardians is considered to be law number 48, in force since April 24, 2008. He explains what this form of relationship is, talks about the procedures for appointing guardianship, paperwork, obligations and legal issues of representatives and wards.

Additional legislative guarantees for placing children in relatives' families are provided by Chapter 20 of the Family Code.

The difference between guardianship and trusteeship

These 2 forms of transferring children to a family include completely identical legal frameworks: the guardian and the trustee have the same functions, civil rights and responsibilities, and the focus of activities that are carried out in the interests of the child with the consent of the guardianship authority.

They have only one significant difference: in case of guardianship, children are transferred to a representative at the age of 14 to 18 years, in case of guardianship - from 0 to 14 years. We wrote about this in more detail in this article.

Main Responsibilities

The guardianship authorities are entrusted with the following functions:

• ensuring the placement of a minor in a specialized organization, where he will receive education, be supervised and fully supported;
• exercising control over the activities of the institution where small citizens live.

Until the child reaches adulthood, he will be under their close attention and supervision.

The protection of children left without parental care falls entirely on the guardianship authorities, which thus perform their main functions.

Who can become a trustee

To determine a trustee, the guardianship institution is tasked with assessing the potential of the candidate in order to understand that it is with this representative that all issues and problematic issues of the ward will be resolved in his interests. A guardian, unlike a foster parent, does not enter into an agreement with a government agency and does not receive a monthly remuneration for raising children.

IMPORTANT! Establishing this status entails full accountability for the child’s funds and property, its safety and the appropriateness of expenses.

Candidates for such a position have certain requirements that they must meet. To be appointed as a trustee, a relative must collect a package of documents and submit them to the guardianship office, which is authorized to decide whether this candidate is suitable for the role of representative.

Over whom it is installed

Guardianship must be established over a child who is already 14 years old if his natural mother and father are not involved in his upbringing, provision, or financing.

What is the difference between a foster family and adoptive parents or guardians?

The table below compares the indicated forms of family arrangement for children.

Thus, in the case of a foster or foster family, the child goes there to live only for a while. Persons acting as parents are not such from a legal point of view, but only perform certain work and receive a remuneration established by the contract for this.

Only an adopted child receives the legal status of a full-fledged family member on an equal basis with the blood-related children of these parents, which is completely different from an adopted one.

Rights and responsibilities of a trustee

The rights of citizens, as well as their duties, are guaranteed by the constitution, and no one should violate them. After the status has been established, the interests of the children are protected by their representative with the participation of the guardianship authorities. His obligations include:

• property management if available (maintenance, income generation and stabilization of real estate resources);
• the representative makes transactions on behalf of the child, but taking into account his opinion;
• resolving all emerging issues and problems in departments and organizations with which the ward interacts (school, additional employment institutions, hospital and others);
• maintenance, education, protection of life;
• creating conditions for receiving education;
• development in the spiritual and moral sense;
• protection of interests and rights;
• treatment and care.

The rights of a representative include:

• organization of the educational process, care for mental and moral health;
• independent choice of educational methods;
• choice of educational institution and form of education in agreement with the child and the guardianship authority.

All actions of the representative are controlled by supervisory authorities; if they do not comply with the legislation, he may be brought to administrative or criminal liability.

Today in the Russian Federation, persons who cannot take care of themselves are placed in foster families, appointing citizens responsible for them. They may be relatives of such persons, or they may not be their blood relatives. The first form of such a device is guardianship, and the second is trusteeship. The legal regulation of guardianship differs from the regulation of guardianship, which means that the relationship that arises between the trustee and the ward is also different.

What is guardianship?

The definition of guardianship is given by Article 2 of Federal Law No. 48-FZ “On Guardianship and Trusteeship”. According to this definition, guardianship should be understood as a special form of arrangement for certain categories of citizens. Guardianship is established over:

• over minor children aged fourteen to eighteen years;
• persons limited in legal capacity in accordance with the procedure established by law.

The main tasks of guardianship are:

• assistance in the realization by the ward of his rights;
• assistance in the performance of his duties by the ward;
• protection of the rights and legitimate interests of the ward (including from abuse and encroachment by third parties);
• control over the execution of transactions by the ward that are not minor household transactions.

How is it different from guardianship?

Many people have a question: a guardian and a trustee - what is the difference? Indeed, these terms are similar and at first glance the same. However, it is not.

Guardianship is established only over completely incompetent citizens, that is, persons under fourteen years of age or declared incompetent by a court. In this case, the guardian actually performs on behalf of the ward all actions aimed at realizing his rights and fulfilling his duties, including managing his property.

Guardianship is established over partially capable citizens: a child over 14 years of age or a person limited in legal capacity by a court. At the same time, the powers of the trustee are significantly narrower: he does not have the right to independently dispose of the property of the ward, does not act on his behalf, but only controls his actions. In addition, wards have the right to carry out small household transactions on their own, without asking for the consent of the trustee. This is the main difference between guardianship and trusteeship.

What types are there?

In total, the law “On Guardianship and Trusteeship” distinguishes the following types of guardianship.

• In general order. The establishment of this form occurs when the trustee has already been finally determined, he meets the requirements that the law imposes on him and agrees to fulfill the corresponding duties.
• Preliminary. This is a temporary measure taken when suitable persons, for whatever reason, are unable to act as full-time caregivers, but have agreed to care for the person on a temporary basis. In order for the trustee to perform the necessary functions, he is given special prior permission to do so. When a foster family is found that agrees to accept a minor or person with limited legal capacity, temporary guardianship is terminated and general guardianship is established.

Over whom can it be established?

As already mentioned, guardianship can be established over:

• minors aged fourteen to eighteen years;
• persons recognized in court as having limited legal capacity;
• over capable citizens who cannot take care of themselves (for example, the elderly).

Usually, people are recognized as having limited legal capacity due to a certain disease that prevents a citizen from fully understanding the nature and consequences of his actions and independently defending his rights and legitimate interests (for example, mental retardation).

Let us examine in more detail the most common cases of guardianship - over children and over the elderly.

Over a minor

The Civil Code in Article 26 establishes that minor citizens aged fourteen to eighteen years are endowed with partial legal capacity. This means that they get the right:

• manage all types of your income, including earnings;
• make deposits in banks;
• exercise the rights of the author of an intellectual property object;
• make small household transactions (that is, transactions that are necessary in everyday life and the price of which is low).

Giving children such rights makes guardianship over them impossible: after all, the guardian performs absolutely all necessary actions on behalf of the ward. Therefore, the law provides for another form of arrangement for minors - guardianship.

If guardianship has already been established for a child, then it automatically turns into guardianship when he reaches the age of fourteen, and the guardian becomes a trustee. If a child who has reached fourteen years of age and who has not previously been raised in a family is taken into care, guardianship is established immediately.

Over an elderly person over 80 years old

Often, elderly people, due to the fact that they cannot independently exercise their rights and fulfill their responsibilities, are recognized as having limited legal capacity. In this case, guardianship is established over them.

Grounds for establishing guardianship and trusteeship

Children left without parental care are considered to be those children whose parents have died or have incapacitated status, as well as those whose parents have been deprived or their rights limited. Such children need social protection, which is provided by the state through the guardianship and trusteeship authorities.

The only reason why guardianship or guardianship is established in relation to children is the loss of parental care in their respect. The establishment of such a legal status of a child is carried out with the aim of raising this category of children, as well as protecting the rights and interests with which they are endowed. This provision is legally enshrined in Art. 45 IC and 31 Civil Code of the Russian Federation.

Guardianship is established for a minor child who has not reached the age of 14. A guardian is appointed for children aged 14–18 years.

Both concepts do not have significant differences in the context of educational and educational directions. The difference in concepts is important in the implementation of children's property rights. Here, great importance is attached to the age criterion of the child.

From the point of view of civil law, guardianship and trusteeship are a way to replenish legal capacity. Young children, whose age ranges from 6 to 14 years, have the right to independently carry out a limited range of transactions, including: small household transactions; actions the result of which is aimed at achieving gratuitous benefits; transactions that do not require notary and registration procedures; transactions related to the free disposal of funds provided by legal representatives.

Other types of transactions are made in the interests of a minor by a guardian or a person acting as his legal representative. The participation of a guardian allows a young child to be a participant in any civil legal relations.

Minor children whose age ranges from 14 to 18 years have the greatest range of rights. They are practically full participants in civil law relations.

Such children have the right to independently carry out transactions that are provided for persons aged 6 to 14 years. Also, the law allows them to: manage their own earnings, scholarships and other income; bear copyright, inventor's rights, as well as other rights related to intellectual activity; invest funds in credit institutions, as well as manage them.

Other types of transactions can be made only with the written consent of the trustee or legal representative, which is a manifestation of the protection of the rights of a minor in civil law.

The procedure for establishing guardianship and trusteeship, as well as their termination, is regulated by civil law. The Civil Code vests the guardianship and trusteeship authorities with a full range of rights and functional responsibilities to establish this form of placement for children left without parental care.