Guardianship and guardianship of children shall be established if their parents are deprived of parental rights or if they remain orphans. This is the easiest way to adopt a child into the family, but for its registration it is necessary to meet very stringent requirements and conditions.
Custody and guardianship of children have the same meaning, but they differ in that they take custody of children under fourteen years of age, and guardianship of adolescents between the ages of fourteen and eighteen.
Under guardianship, the child retains his surname, and the father and mother are required to participate in its maintenance. If he remains an orphan, then the guardian himself is engaged in his upbringing, training and maintenance. Bears full responsibility for him.
Requirements and conditions for registration of guardianship
Guardianship and guardianship of children are formalized only at their place of residence. The following facts may be the basis for them:
- the child was left without the custody of parents or guardians;
- the mother and / or father of the child has not reached the age of majority.
Only one person can become a guardian, no matter what gender he is, the main thing is that he:
- He was recognized as capable;
- was not deprived of parental rights;
- never removed from the duties of a trustee;
- had a permanent place of residence;
- had no criminal record at the time of guardianship;
- had an income above the subsistence level ;
- had a living room that meets sanitary standards.
In this case, the spouse of the guardian must meet the same requirements as the applicant himself.
Establishment of guardianship and trusteeship is not possible if the candidate has a number of diseases specified in the government decree No. 542. This list includes tuberculosis, as well as mental, infectious, malignant, oncological and other diseases.
Becoming a trustee will not work without the consent of the child. This is a prerequisite, since coercion will go against the interests of a small person. True, the opinion of the child under the law is asked only after he reaches the age of fourteen, in a different situation, custody is carried out without his consent.
Different people cannot become trustees of siblings. Guardians and their relatives cannot make any transactions with their wards. An exception is the transfer of property as a gift or for free use and representing the interests of the child in the conduct of legal proceedings, as well as the conclusion of transactions.
Guardianship of children: payments for their maintenance
The state pays the following benefits for the maintenance of a child:
1. One-time payments:
- at the beginning of guardianship;
- at the end of guardianship, that is, when the child reaches the age of majority.
2. A monthly allowance that is paid up to 18 years or until the end of full-time education.
The amount of payments depends on the region of residence.
Custody and guardianship of children is usually a transitional form to adoption. If you have already firmly decided that you want to take the child to your family, then we advise you not to delay the paperwork. After all, it may happen that there is another candidate for the adoption of the baby and then he can become the adoptive parent, even despite your guardianship.