For various reasons, a child may be left without parental care, which leads to the need for his adoption or guardianship. Custody may be temporary or permanent. In the first case, a simplified procedure for registration of childcare for a certain period of time can be used. Most often, temporary custody is formalized by relatives who leave with their children in another city or look after minors in the absence of parents for a long time for various reasons.
When is required?
Temporary custody is represented by a process designed to appoint a guardian for a minor for a specific period of time in a simplified process. Most often it is used in the following situations:
- parents are forced to go on a long business trip, so for a long period of time they cannot take care of their child on their own;
- one of the parents is seriously ill, so long-term inpatient treatment is required, during which relatives or friends look after the baby;
- if documents for permanent guardianship are collected, then it is allowed to initially issue a temporary one in a simplified manner;
- the presence of the child with his parents leads to a threat to his health or life, as the parents do not provide proper care for the minor, rowdy, abuse alcohol or illegal drugs, so custody is required so that the child is not sent to the orphanage.
Registration is usually done by relatives of a minor. Short-term custody can be applied even in situations where parents do not agree with this process or are completely deprived of their rights to children.
Who can draw up?
Most often, temporary custody of a child by a grandmother or other close relatives is drawn up. It is available exclusively to capable and adult citizens. Even an older sister can apply for temporary custody if she is already 18 years old.
If relatives for various reasons do not want to care for a minor, then short-term guardianship can be formalized by any competent citizen. Usually he is represented by a family friend, godfather or neighbor.
How long is it assigned?
Temporary custody of a minor may take a different period of time, but usually the term varies from six months to 8 months.
It is allowed to extend this period if there are good reasons. For example, if the mother is undergoing treatment, but the attending physician requires additional rehabilitation, therefore, the period is extended for a specific period of time necessary to complete all rehabilitation measures. Therefore, childcare is often carried out for two years. After that, you can arrange permanent custody or engage in the adoption procedure.
Temporary custody procedure
Most often, this process is performed by grandmothers or aunts. It is simplified, therefore, all stages are carried out quickly and with a minimum investment of effort. How to apply for temporary custody? The process is divided into stages:
- the potential guardian should contact the guardianship authorities at the place of residence, rather than a permanent residence permit, since in the future, representatives of the organization will check the guardian child at the specified address;
- if the parents are competent and agree to such custody, then they must come to the guardianship authorities to draw up consent;
- the future guardian collects the necessary documentation;
- a statement is being drawn up;
- a representative of the guardianship authorities comes to the apartment at the indicated address to check the premises, as it should be optimal for the minor to live;
- then a decision is made about the possibility of transferring custody of the child to the applicant;
- if it is negative, then within 10 days after receiving the notice it is allowed to appeal it.
Usually, if relatives are potential guardians, the refusal is due only to poor living conditions. The procedure is simplified, so usually a representative of the guardianship authorities arrives at the specified address within 10 days. By default, the process does not take more than two weeks.
What documents are required?
A potential guardian must prepare certain documents for temporary custody. A complete list can be obtained directly from the guardianship authorities. If the citizen will be missing at least one document, then the application will be refused. Documents required for temporary custody as standard:
- a copy of the passport of the direct applicant, and it reflects the address of permanent registration in any city of the Russian Federation;
- if, on legal grounds, a citizen actually resides in another region, then he must prepare supporting documentation, for example, title documents, a lease or other papers;
- application for short-term custody;
- documents indicating the size of the applicant’s official income, and this includes not only a 2-personal income tax certificate from official work, but also various lease contracts or other securities;
- extract from the house book, which contains information about who lives in the real estate in which the applicant lives;
- a certificate confirming that the potential guardian does not have a criminal record, which can be obtained from the IFC, the police or the police department, and a document is drawn up within 30 days, so you need to do it in advance;
- certificate of marriage or divorce;
- death certificate of the spouse if the guardian is a widow;
- a certificate from a medical institution, on the basis of which the optimal state of health of the applicant is confirmed, since if there are significant problems, a refusal to issue guardianship will be received;
- if the applicant is a pensioner, a pension certificate is prepared;
- characteristics from the place of work;
- testimonies of witnesses and other people living in the same territory;
- permission of all persons registered in real estate that a child will live in housing.
If necessary, other papers may be requested, depending on various circumstances. It is necessary to prepare documents for temporary custody of the child in advance so that the simplified procedure is completed promptly.
Housing requirements
Guardianship by temporary registration is not allowed, therefore, the guardian must have a permanent residence permit in any region of the Russian Federation.
Representatives of the guardianship authorities must conduct a property inspection. During this process, a lot of attention is paid to the following points:
- sanitary condition of the facility;
- availability of a berth intended for a child;
- place for classes;
- it is taken into account whether this apartment complies with quadrature standards, depending on the number of persons living in it.
Based on the study, it is determined whether the child can live in existing real estate without any problems. Inspection is carried out even if a short-term custody is made by close relatives.
Application Rules
To take custody for a certain period of time, you really need to prepare a lot of different documents. Especially much attention is paid to the compilation of the application, on the basis of which the request is made to take custody of the child. The rules for compiling this document include:
- an application is formed to the territorial branch of the guardianship authorities;
- the name of the applicant must be indicated;
- the address of registration and actual residence;
- contact information is provided, represented by a phone number, fax or email address;
- The name of the document is indicated;
- in the direct text, a request is made to check the existing premises to assess its suitability for the child to live;
- a request is made for short-term custody of a specific minor;
- the grounds for the process are indicated;
- lists the documents attached to the application;
- at the end is the date of the application, as well as the signature of the applicant.
It is on the basis of this document that the date of the inspection is set. If the existing premises comply with numerous requirements and standards, then temporary custody is issued without depriving the parental rights of biological parents.
What are the requirements for applicants?
For registration of short-term guardianship, not only the premises where the minor will be living are checked, but also the characteristics of the direct guardian are evaluated. The following requirements are imposed on citizens:
- the presence of Russian citizenship;
- full legal capacity;
- Only an adult citizen may act as a guardian.
If at least one requirement is not satisfied, then the application will not be considered by representatives of the guardianship authorities.
When do difficulties arise?
In addition, the following persons experience difficulties with registration:
- citizens who have previously been restricted or deprived of rights to their children;
- people who are addicted to alcohol or drugs;
- Persons registered with a neurological clinic;
- people who have a criminal record or are currently convicted;
- Citizens with serious health problems, including diseases such as HIV, tuberculosis, oncology or mental disorders;
- issued first disability group.
Employees of guardianship bodies even take into account the moral convictions of citizens or relations with a child. If the minor is already more than 10 years old, then if he does not want to live with the chosen person, then guardianship is not appointed.
What are the benefits?
Even if a short-term guardianship is established, anyway the relative can count on certain payments. Temporary custody of a child can be assigned to different children, so transfers depend on the age of the child. For example, if the baby is not yet 1.5 years old, then the payments are 3065.69 rubles.
Additionally, regional benefits are assigned, which depend on the decision of local authorities.
If the parents at this time do not pay funds to the guardian for the maintenance of the child, then the allowance increases to 14,497 rubles.
The possibility of registering just a short-term guardianship is considered an ideal solution that allows you to leave the child in the care of relatives, if parents are required to leave for another city for various reasons.
Is adoption allowed?
Temporary guardianship may be assigned from two months to two years. If a statement is made by parents, then they independently determine the term, which is indicated in the Federal Law No. 48.
It is allowed to use temporary guardianship for subsequent adoption. This allows you to immediately take the baby into the family, and then calmly engage in the preparation of documents for adoption. The temporary guardian has the same rights and obligations as the permanent. All privileges and obligations are listed in Art. 35 Civil Code.
If the child owns any real estate, then the property right is reserved for him, so the temporary guardian can not dispose of this object.
Conclusion
Temporary custody is assigned for a certain period of time. Most often, this option is used by relatives of the child. The procedure is simplified, therefore, a lot of documents are not required and a lot of time is not spent.
Temporary guardians may establish permanent guardianship in the future or even adopt a child.