Guardianship over the child is necessary to protect his rights and interests. The legislation provides a guardian or guardian (if the child reaches the age of 14 and is of age) for several reasons:
- Deprivation of mother and father, parental rights (partial or complete).
- Recognition of native parents is completely or partially incompetent.
- Disability of the first and second groups leading to the impossibility of fulfilling parental responsibilities.
- Medical conclusion, which indicates the diseases that exclude the complete upbringing of the child and care for him.
- Death of parents.
- Conclusion in places of deprivation of liberty or the announcement of parents in search.
- Recognition of the father and mother missing.
- Alcoholism, drug addiction or negligent attitude to the upbringing of the child.
Priority in the design of guardianship and trusteeship is given to blood relatives or significant people in the life of the child (uncles, aunts, distant brothers and sisters, former stepfathers or stepmothers, etc.), provided they are of age and meet all the requirements established by the laws on guardianship and trusteeship .
How to register custody of a child?
Registration of custody of the child takes place in the guardianship and trusteeship bodies at the place of residence of the child, therefore, if the ward has lived with the candidate for guardians for a long time, then at the place of residence of the latter.
Documents for custody of the child:
- documents proving the identity of the candidate for guardians (passport, marriage certificate, if the candidate is in it);
- forms of registration and registration;
- a certificate from the place of work indicating the average salary and position;
- medical certificates confirming physical and mental health are also necessary for examination of the narcologist;
- a statement identifying the desire to become a guardian or trustee;
- the autobiography of the candidate;
- the conclusion of the sanitary epidemiological service about the compliance with the sanitary norms of the housing in which the child will live;
- certificate of good conduct;
- a certificate stating that the candidate was never deprived of parental rights;
- for people of retirement age - a certificate from the pension fund on the amount of pension.
- The statement of all family members of the candidate that they do not object to the adoption of the child in the family.
Be prepared for the fact that there may be additional documents and commissions requested by a specific body of custody of underage children.
How to take custody of a child?
It will be good if you contact a lawyer qualified in the issue of children in need of custody. This will help speed up the process of execution of all documents, he can also, if necessary, represent your interests in court. The specialist will also advise you on the issue of custody of a disabled child.
Do not forget that from the age of ten the child has the right to vote when choosing a guardian. His opinion must be taken into account both in the bodies of guardianship and in court.
There are situations when authorized bodies designate temporary custody of the child to third parties. Such a decision may be challenged by a person who is interested in guardianship, in a judicial procedure.
Rights of children in care:
- the child has the right to a full life;
- education;
- high-grade food;
- the order of alimony, pension or allowance, if any;
- respectful attitude in the family of guardians;
- has the right to communicate at any time with blood relatives;
- the child needs to allocate a personal space (a desk, a bed, a closet for things and toys) in a one-room apartment or a separate room in a larger apartment.
You will be consulted by the guardianship authorities about the rights of the ward. They will also prompt you how to apply for a child under guardianship.