Temporary custody of a child by a grandparent

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Published: 08/16/2018

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A situation may arise in the family in which it is necessary to find a guardian for the baby. For example, parents need to go on a long-term trip or a single mother cannot take care of her own child for health reasons.

• Registration of temporary guardianship over a child Guardianship over a grandchild
• Guardianship with living parents
• Guardianship without deprivation of parental rights

Can grandparents take custody of their grandchildren while their parents are alive?

The most common reasons for transferring custody of children to grandparents are alcoholism and drug addiction of parents, cases of child abuse or imprisonment of parents.

But besides these sad reasons, temporary guardianship can also be issued in the following cases:

• Parents leaving to work in another country.
• Moving a child to another city for study.
• Long expedition or business trip for parents.
• Serious illness of parents.
• Other circumstances that do not allow the mother and father to care for the child.

The legislation does not contain a closed list of reasons for which temporary guardianship is possible. Parents themselves have the right to decide when to place their children in the care of relatives.

You need to understand that temporary custody is not a deprivation of parental rights to the child’s biological parents. They retain all the rights and responsibilities in relation to the children, but during the absence of parents, the same rights and responsibilities arise for temporary guardians.

What are the types of guardianship?

Guardianship of a minor, depending on the goals and conditions, is divided into types:

• According to the terms of appointment, guardianship is distinguished between permanent and temporary;
• Based on the number of participants, a joint form of guardianship is distinguished;
• in emergency cases, the shortest preliminary guardianship is issued as a temporary measure.

Let's look at them in more detail.

Guardianship on a permanent basis

Permanent full guardianship according to Art. 145 of the RF IC is necessary in cases where children are left without care as a result of:

• death of mother and father;
• loss of parental rights;
• determination of parental incapacity.

The person appointed as the guardian bears full responsibility for the child until he comes of age, with the exception of legal obligations and transactions that, from the age of 14, are carried out by the ward himself with the approval of the guardian.

Permanent guardianship involves benefits, allowances and payments to the guardian, with whom a full guardianship agreement is concluded on a reimbursable basis.

Temporary

In the case of a long business trip or full-time study of parents, if it is impossible to take the child with them, temporary guardianship is assigned. In this option, the guardian is usually a relative, most often a grandmother or grandfather . Temporary guardianship of a child is transferred to him upon the application of the mother and father, who indicate the period of registration of guardianship.

The peculiarity of this guardianship is that the mother and father, without depriving parental rights, transfer their powers to the guardian, so that in circumstances requiring the consent of the parent, he performs the duties of his legal representative.

Appointing a guardian for minors is the right decision for parents who are separated from their child for a long period of time. Such relationships are formalized legally on the basis of the Guardianship Law (Article 13).

With temporary guardianship, the grandmother or grandfather does not receive any payments or benefits.

Preliminary

Preliminary guardianship is appointed for a child suddenly left without parental care (death, deprivation of rights). This type of guardianship is used in cases where there are relatives who are ready to formalize guardianship and there is no reason to place the minor in special children's institutions.

It is to collect documents for permanent guardianship that the child’s relatives or third parties formalize preliminary guardianship for a period of up to 6 months (in exceptional circumstances it can be extended for another 2 months).

Art. 12 Federal Law No. 48 of 2008 establishes preferential conditions for obtaining preliminary guardianship on just three documents:

• guardian's statement;
• passport;
• room inspection report.

Preliminary guardianship ends when permanent guardianship is issued or the child is placed in an orphanage under state guardianship.

Joint

The name itself suggests the presence of two or more guardians established by the guardianship authority (Article 10 of the Federal Law of 2008 No. 48)

Joint custody is assigned in the interests of the child in the following cases:

1. When a child, living with one guardian, has property in another city. To conduct transactions on his behalf, a second guardian is appointed as a legal representative.
2. When a married couple obtains custody of a child and he develops a relationship with both of them that positively affects his condition.

Citizens share powers or ask the guardianship department to do so. If guardianship is formalized on paid terms, then payments and benefits at their request are divided proportionally or go in full to one of them.

Features of temporary guardianship

In accordance with Article 13 of the Federal Law “On Guardianship and Guardianship,” temporary guardianship is appointed at the request of parents for a period when they cannot take care of the child on their own. Temporary guardianship and trusteeship are forms of child care. Guardianship is assigned for children under 14 years of age, and guardianship for children from 14 to 18 years of age.

Temporary guardianship can be assigned only at the request of the parents. In this case, both parents must submit the application, even if they are divorced. The exception is the situation when the mother or father is raising the child alone.

Temporary guardianship can be appointed either on the basis of an application from the parents or at the request of the child over 14 years of age.

Other features of the guardianship appointment process include:

• The ability of parents to determine its duration at their own discretion.
• Guardianship can be terminated early based on the parents' application.
• The procedure for obtaining temporary guardianship is the same as for permanent guardianship.
• Prospective guardians must collect the same set of documents as when registering permanent guardianship.
• Temporary guardians have the same rights as permanent guardians and must perform all the same responsibilities.
• Guardians do not receive money for guardianship, and the ward is not assigned an allowance.
• Temporary guardianship does not have the same benefits as permanent guardianship.
• The PLO monitors the observance of the rights of the child and the fulfillment of their duties by guardians.

Thus, temporary custody is a voluntary decision of parents and guardians. It is necessary only in certain situations when parents are physically unable to fulfill their duties.

Guardian's responsibility

The principle of responsibility of a guardian for a ward establishes the following rights and obligations of legal representatives:

• raise a child under guardianship;
• protect his health;
• promote physical and spiritual development;
• take care of his training and maintenance.
• to protect the rights and interests of the child, in accordance with the norms of civil legislation (clause 3 of article 36 of the Civil Code).

If a violation of children's rights is detected, the grandmother may be brought to administrative responsibility or deprived of guardianship.

Why is temporary guardianship needed?

In situations where children need to be left with grandparents for a long time, many parents do not see the need to appoint temporary guardianship. Usually parents reason that even without formalizing guardianship, relatives will take care of the child.

Indeed, from an everyday point of view, grandparents will support and raise a child, but they will not be able to provide legal protection of his rights, since they will be deprived of legal grounds for representing his interests.

A common example is a single mother leaving to work or study in another city. She leaves the child with her grandmother, and during the mother’s absence, a free place appears in the local kindergarten. But the grandmother does not have the legal authority to apply to the kindergarten and the place was taken by another child.

More serious incidents also occur that require decisions to be made instead of parents. For example, a child had an accident, as a result of which he needed surgery. The parents could give consent to it, but they were working on a rotational basis at that time. Since temporary guardianship was granted to the grandmother, she signed the necessary medical documents. Without legal guardianship, she would not have been able to do this.

Correctly drafting applications for guardianship

It is best to use samples that are publicly available on specialized websites. The following tips will also help when compiling:

• In the corner above and to the right the so-called cap is filled. Here you cannot do without the full name of the guardianship authorities along with the location address. And the passport details of the person who is currently responsible for filling out the application.
• In the statement, all text is in the first person only. To begin with, it is recommended to use standard phrases.
• After this, they move on to information regarding their financial and housing situation.
• They write in a separate line about previously absent health problems.
• It is also necessary to write that the applicant has never been removed from guardianship. Or that he was never deprived of parental rights.
• An accurate indication of the workplace is required if activities related to it continue. You cannot do without a detailed description of the work schedule, along with the shifts. Do not forget about business trips if the text of the Employment Agreement does not exclude their presence.
• If there is no official work, then it is necessary to further explain where the means of subsistence come from. And how do you plan to provide for your child in the future? If a pension has been issued, then you can simply describe the grounds on which it was issued. If there are benefits, it is not recommended to forget about them.
• You need to describe in detail the place where you plan to raise your child in the future. The main characteristics of apartments are important, such as the total area, number of rooms, and so on. The ownership of the living space by one person or another is indicated. It is worth mentioning additional residents, if any.
• Information related to education will not be superfluous. Does the applicant have experience in raising minor children?
• At least briefly, it is necessary to describe the relationship between an adult and a child.
• The last part will be the place where the signature is placed along with the current date of the document. If necessary, the signatures of other persons living with the designer are added. This will mean that family members do not object to the addition, including the responsibility associated with it. The end describes the documents that act as appendices in relation to the application.

And the child’s parents themselves have the right to contact the control authorities. Then you will need not only information about the child himself and the intended guardian. The mother and father, if they wish, must write themselves why they are not able to give the minor everything he needs.

Requirements for a temporary guardian or trustee

Any close relative (grandparent, uncle or aunt) can be chosen by the parents as a guardian. The future guardian must:

• Give consent to the registration of guardianship, since Article 11 of the Federal Law “On Guardianship and Trusteeship” determines the voluntary nature of the appointment of guardianship.
• Comply with the requirements established by Articles 146 of the RF IC and 35 of the RF Civil Code.
• Submit documents to the OOP and undergo verification. The verification procedure is determined by Decree of the Government of the Russian Federation No. 423 of 2009.

As a result, the applicant is issued a conclusion on the right to be a guardian.

Russian legislation establishes the same requirements for a temporary guardian as for permanent guardians:

• Coming of age.
• Legal capacity.
• Russian citizenship.
• Having a permanent place of residence.
• Stable source of permanent income.
• Absence of alcohol and drug addiction, as well as dangerous diseases (their list is indicated in Decree of the Government of the Russian Federation No. 118 of 2020).
• No criminal record.
• The guardian must not have previously been deprived of parental rights or removed from guardianship due to a violation of the rights of the ward.

Also, when considering a guardian, their characteristics, reputation and moral character will be assessed.

Guardians about social benefits

Temporary guardians for minor children can expect to receive the same payments as permanent guardians. Accruals begin at the same moment when the paperwork is completed. Payments under these documents will be the same in amounts as for biological parents.

When appointing guardianship, a grandmother can also count on compensation if the child has one or another illness. The transfer of payments is organized after contacting the appropriate institution, where the sick leave issued for caring for the patient is also sent.

But representatives of regulatory authorities always say that the child was financially supported by the biological parents. They have this opportunity in most cases. But, if it is absent, then all necessary measures will be taken to protect the interests of the minor.

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.

How to prove that guardianship is necessary

The first step is to gather all the evidence to prove that the child's parents are currently unable to care for the child. Only documented facts will have any force. For example, if the mother has lost her legal capacity, the collection and submission of relevant certificates from medical institutions is required.

Grandmother takes care of her grandson

A hassle-free establishment of guardianship is available to any close relative.

But even if this condition is met, physical, moral and personal qualities remain a mandatory requirement.

The Guardianship Law describes them in detail.

In particular, article 146. Service employees draw up detailed socio-psychological portraits before responding to a statement from a particular visitor.

Preparing an application

Article 13 of the Federal Law “On Guardianship and Trusteeship” states that an application must be submitted by both parents who, for good reasons, cannot raise a child for a certain time.

The text of the application must indicate:

• OOP name.
• Parents' details (full name, place of residence, date of birth).
• Child details.
• Detailed information about the future guardian.
• Duration of guardianship.
• Reasons for its design.
• Consent for the child to live with a guardian.
• Consent to temporarily transfer legal rights to represent the child to the guardian.
• Request to transfer the child into temporary custody.
• Date and signatures of applicants.

Additionally, grandparents who wish to become guardians submit an application for the opportunity to become one.

For such applications there is a special form, the form of which is established by Order No. 4 of the Ministry of Education of the Russian Federation of 2019.

The statement states:

• OOP name.
• Passport details of the potential guardian.
• Information about his criminal record or lack thereof.
• Information about place of residence.
• Information about the pension, if the guardian receives one.
• Full name, dates of birth and family ties of persons living with the guardian and their consent to live together with the ward.
• Information about the caregiver's health status.
• Information about his financial security and employment.
• Any additional information about raising children, family ties with the ward, training for guardians.
• Request for guardianship.
• Date and signature.
• List of attached documents.

How to switch from gratuitous to paid care

The choice of the form of placement when accepting a child for upbringing is made by the candidate himself. A citizen has the right to submit an application for the appointment of guardianship or foster family. Moreover, it does not matter whether he is a candidate for adoptive parents, guardians or foster parents.

Changing the shape of the device is possible even during the performance of duties. A citizen simply contacts the guardianship department at the place of registration and submits an application with a request to change the form of the device. The only difficulty is the need to justify the change.

Guardianship department specialists are required to review the application within 30 days and make a decision. If there are grounds, the guardianship department issues an order to transfer guardianship to a foster family. A foster family agreement is concluded with the applicant.

Refusal to change the shape of the device must be justified. If the guardianship department unreasonably refuses to conclude a contract, the guardian may go to court to force the conclusion of the contract.

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.

Amount of one-time payments for child guardians

Guardians of minors receive several types of payments. They can be divided into the following groups:

• Monthly allowance;
• One-time payment;
• Regional benefits for children taken into care;
• Rewards for adoptive parents.

The amounts of payments for guardianship are established by the Federal Law “On State Benefits for Citizens with Children” dated May 19, 1995 N 81-FZ. According to the current legislation (Resolution of the Government of the Russian Federation dated January 26, 2018 N 74), from February 1, 2020, a one-time benefit to a family that has adopted a child is set at 17,479.73 rubles. The state indexes the size of such one-time payments annually. In some regions of the country, a larger one-time amount is paid for guardianship due to the existence of a regional coefficient.

For example, in the capital, Moscow Government Decree N 1525-PP “On establishing the amounts of certain social and other payments for 2020” provides for a monthly compensation payment to a person caring for a disabled child under the age of 18 or a disabled person since childhood under the age of 23 years old - 12,000 rubles. For other regions, this amount will be different; you need to look at regional legislation.

USEFUL INFORMATION: Average salary in Russia 1999-2019

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.

How to register a child under your care

Registration of the child under guardianship
After registration of guardianship, the child will live in the applicant’s living space.

And this will continue for a long time.

Only after reaching adulthood can a child return to his or her home, if he has one.

Or the state gives him his own property. Therefore, it is recommended to apply for registration itself temporarily. If the registration is permanent, the child may lose support from the authorities.

In the application for registration, you must use the wording “registration at the place of residence.” It is required to indicate the period for which this permit is issued. It can last either until adulthood or up to several months, with the possibility of extension in the future.

The child's documents will need:

• Passport if he is over 14 years old.
• Birth document.
• Guardian's passport.
• Guardianship or trusteeship agreement.

Other family members do not have to give their consent for registration. Landlords and tenants may also not give their answer if the living space does not belong to the guardian himself.

Payments and benefits

When assigning temporary guardianship, no benefits or subsidies are provided by the state. But the very process of raising and maintaining a child requires certain expenses from grandparents. They can reimburse them:

• Thanks to the voluntary help of the child's parents.
• By collecting alimony from parents.
• Managing the income of a grandson or granddaughter, if any (disability pension, survivor's pension or deposit payments).

Since temporary guardianship is arranged voluntarily, there is usually no talk about material issues.
Relatives themselves agree on reimbursement of expenses for the child. Facebook

Similarities and differences between paid and gratuitous guardianship

Both paid and gratuitous guardianship provide for the transfer to a family of a child with a status left without parental care. A minor who has a mother and father cannot be fostered.

USEFUL INFORMATION: Sample claim to determine the amount of alimony debt

Can a child live with his grandmother?

hello, I’m divorcing my husband, he and I work in another city, my daughter lives with my husband’s sister, the school requires a certificate of guardianship.

Is it necessary to obtain temporary guardianship? My husband has an apartment and a permanent income, I don’t have housing, can I have problems with parental rights in the future and will temporary guardianship affect this? divorce Hello, I have 2 questions for you.

1) my husband and I are getting a divorce in 5 days, after the divorce I would like to go to the sea with my daughter, but he doesn’t want to give us a document physically certified by a notary.

The school management demands that guardianship of the child be granted to his grandmother due to the fact that the mother works and lives in another city.

The school management demands that guardianship be granted to his grandmother due to the fact that his mother works and lives in another city. How legal is this?

The school management demands that guardianship be registered for the grandmother; if not, report it to the police and take her to a boarding school, since the mother lives in another city.

Elena, the fact that the school management is demanding that guardianship of the child be granted to his grandmother due to the fact that you work and live in another city is legal.

Law Club Conference

1. The court may, taking into account the interests of the child, decide to take the child away from the parents (one of them) without depriving them of parental rights (limiting parental rights).

2. Restriction of parental rights is permitted if leaving with the parents (one of them) is dangerous for the child due to circumstances beyond the control of the parents (one of them) (mental disorder or other chronic illness, a combination of difficult circumstances, etc.).

Can a child live with his grandmother for half a year?

I don't have that experience myself. I didn’t send my children alone to their grandparents; if we went, it was with the children. But one of my brothers has this experience.

He and his family went to Magadan to work after graduating from college. We decided that for the first time we would leave our daughter with his wife’s parents in Ukraine for a year. And so they did. She was three years old. Calm girl.

In my opinion, this did not affect the child’s psyche; she tolerated the separation normally.

Can a child live with his grandmother?

In any case, all oral conversations can be ignored, but based on their results, write a statement to the OOiP that on such and such a date (it is better to indicate a specific time), such and such (full name) OOiP employee stated the following in a personal conversation.

(then you list all, in your opinion, illegal conclusions of the OOiP - look at the laws in advance or write on the forum - we will advise).. I ask the OOiP to provide clarification regarding the compliance of the information I received with the current legislation.

A minor wants to live not with his parents, but with his grandmother: what to do?

The child is 10 years old, lives with her grandmother, who takes full care of her for a year. Before that, my mother was mostly involved. Mother and father are divorced. The father does not take any part in raising the child.

The mother is registered with the school, the KDN and the police (for drinking and fighting at home). The child is afraid of her and his father. from the beginning, the mother wanted to steal the child and take her to an apartment where there were drunks. And now my father stole it.

The child is hysterical, does not want to live with them, and begs her grandmother to take her away.

Is guardianship necessary if the child lives with his grandmother?

1 answer. Moscow Viewed 553 times. Asked 2012-02-22 09:12:40 +0400 in the topic “Healthcare and culture” Can a 20-year-old grandson in Ukraine obtain guardianship over a disabled grandmother of the 2nd category, a liquidator of the 1st category? — In Ukraine, can a 20-year-old grandson obtain guardianship over a disabled grandmother of the 2nd group, a liquidator of the 1st category. Further

1 answer. Moscow Viewed 278 times. Asked 2011-04-20 14:29:00 +0400 in the topic “Pensions and social protection” Single mother! - Single mother.

The child lives with his grandmother for a long time

Girls, it so happened that we moved, the eldest son went to school, but for the youngest son we decided at a general family council that it would be better to live with his grandmother, because we used to live in the same area and went to kindergarten in the area, the kindergarten is the best - strong teachers, speech therapy. There is no such thing where we moved. We agreed to pick up the child for the weekend; we live very far away.

And so the first week began, when he started going to kindergarten.

The child lives with his grandmother

Visitors to the legal consultation asked 109 questions on the topic "". On average, the answer to a question appears within 15 minutes, and to a question we guarantee at least two answers that will begin to arrive within 5 minutes!

(mother of the child's father). The mother filed for child support, although she herself does not participate in life. The father gave the money to the grandmother (his mother, with whom the child lives).

Source: https://pomoshjuristov.ru/mozhet-li-rebenok-prozhivat-s-babushkoy-55477/

Ward's property

Art. 12 Federal Law No. 48 of 2008 imposes a direct ban on the disposal of the ward’s property by a preliminary guardian. The permanent guardian may also dispose of the children's property only with the permission of the guardianship department.

Government Decree No. 423 of 2009 does not include preliminary representatives in the list of citizens who must submit a guardian's report.

However, funds are required to maintain and provide for a minor. Since the law does not provide for verification of the financial viability of the guardian, he has the right to request the assignment of benefits.

Consent of relatives (parents) to guardianship by strangers

If parents are temporarily unable to raise a child due to objective reasons, then they have the right to petition the guardianship authority to appoint a guardian. For this purpose, a mutual statement is written. It contains information about the person who will take care of the child.

It must be remembered that in some cases it is necessary to know the child’s own opinion regarding custody. It is necessary if he is already 10 years old.

A 14-year-old child lives with his grandmother and his mother on weekends

Such cases include those when a child lives with his grandmother, who is involved in his upbringing and maintenance, and alimony is received by the child’s mother, who does not fulfill her duties in raising and maintaining the child. According to paragraph 1 of Art.

35 of the Civil Code of the Russian Federation, a guardian or trustee is appointed by the guardianship and trusteeship authority at the place of residence of the person in need of guardianship or trusteeship, within a month from the moment when these bodies became aware of the need to establish guardianship or trusteeship over the citizen.

Child's accommodation

Child With Grandmother in Another City 0 1 answer Will the grandmother be required to give her a power of attorney for the child at the airport? Can I send my child with his grandmother (with my mother) across Russia to another city? Will they ask grandma for a power of attorney for the child at the airport? Child With Grandmother in Another City 0 2 answers The child lives with his grandmother; the mother in another city works and comes on weekends. They say that it is not allowed according to the laws of the REPUBLIC OF KAZAKHSTAN. Is it true? They tell the new school that we can’t take a child to a shelter Child With Grandmother In Another City 0 1 answer What documents are needed for a child (5 years old) to travel with his grandmother to another city in Russia. Legal Questions Child With Grandmother in Another City 0 1 answer Do I need to document this? The child stays with his grandmother.

Parents are away - working in another city.

Legal services in Kursk

Attention My dad is divorced. read the answers (2) The company where I work, I paid 2 writs of execution for 1 child, 1 writ of execution was for the child’s mother, 2 for the child’s grandmother, the child...read the answers (1) I have a question. My friend has a daughter from her first, civil husband.

The common-law husband died. The child lives with his grandmother, in another city....read the answers (1) If, while working on a rotational basis, the child lives with his grandmother, is guardianship required? If not, please refer to the article of the law.read the answers (3) My child goes to school in the village, I live in the city.

We are both registered in the village.

A child with his grandmother in another city - questions and answers

What documents are needed? Do I need a power of attorney? Legal Questions Child With Grandmother in Another City 4 votes 1 answer Do you need a power of attorney from the mother to place the child on the waiting list? My child now lives with his grandmother in another city and we want to enroll him in kindergarten. Do I need a power of attorney from the mother to place a child on the waiting list? Legal Questions Child With Grandmother in Another City 5 3 answers I want to go to another city and not leave a completely year-old child with his grandparents, what documents are needed so that the child is not taken away. And her own father won’t be able to pick her up either? And there won’t be any problems in the hospital or kindergarten either? What needs to be done so that he doesn’t take it away... Legal Questions Child With Grandmother in Another City 5 1 answer Is this legal? Is Grandmother Guardianship Required for a Child? A 14-year-old child lives with his grandmother.

We would like to take out a mortgage to buy an apartment in the region of 2 million rubles, we also have loans totaling 550 thousand, my husband has an official salary of 30 thousand...read answers (1) A man separated from a woman. He lived with her in a civil marriage. There was a child under three years old left. At the moment, the child lives with his grandmother...read answers (1) I would like to know.

Will my husband be able to keep his child? We haven’t lived with him for 5 years, but we are married, and the child lives with my husband’s grandmother, but I take him...read answers (1) My husband pays alimony of 25% for the child to his ex-wife. Now she is filing a lawsuit to have him pay alimony in a fixed amount.... read the answers (1) How and in what form to make a power of attorney for the child? The child lives with his grandmother, his mother works in another area.

Source: https://agnbotulinum.com/rebenok-14-let-prozhivaet-s-babushkoj-a-po-vyhodnym-materyu/

Consideration of the application by the guardianship authorities

The deadlines today in general for the Russian Federation are as follows. Within 3 days to one week, a commission is formed to examine the conditions in which the ward will live. At the same time, a conversation with the neighbors of the future guardian is not excluded. Based on the results of the work, an act is formed and attached to the guardianship file.

Within 10 days after the inspection, a decision is made on whether to appoint a person as a guardian or not . In this case, the refusal can be challenged in court. This process will take on average 2-3 months.

Individual cases

Temporary guardianship is often considered as a child’s transition to a new social status. Let's consider only two options.

Temporary guardianship of grandson by grandmother

Often, a grandmother is appointed as a guardian when the child’s parents go on a business trip to another city or even country. Along with temporary guardianship, guardianship can also be permanent. You can read about this in a separate article.

Can they refuse?

When appointing preliminary guardianship, PLO employees are not required to check the candidate for surrogate parents. That is why, in most cases, preliminary guardianship is appointed without any particular difficulties. But guardianship authorities may refuse preliminary placement. The reasons for refusal are as follows:

1. A child over ten years of age, for whom the applicant applies for provisional guardianship, refuses to go live with the applicant’s family.
2. The potential guardian's living quarters do not meet sanitary standards.
3. The applicant lives together with the mother or father of the child who has been deprived of parental rights.
4. The candidate for guardianship does not have a civil passport, or the document is invalid.