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The nuances of custody and guardianship of children - special cases

Russian legislation is especially strict in regulating the issues of adoption and guardianship. over minor children is considered one of the forms of protection of personal and property rights of citizens who have not reached the age of majority and are left without parental care.

In fact, guardianship or guardianship is established in relation to a child who has lost parental attention, and is an intermediate stage before the placement of a minor in a specialized educational institution or transferring him to a family for further adoption.

The institution of guardianship and guardianship combines the legal foundations of several branches at once: family and civil law. At the same time, family law regulates all issues related to legal relations arising in the course of adoption and placement of children under guardianship.

Civil law regulates issues related to the representation of minors left without the attention of their parents in courts or in other areas of legal regulation. Administrative law governs decision-making by local authorities.

According to the law, guardianship can only be established for minor children under the age of 14, and from 14 to 18 years of age, another form of protecting the interests of children is provided - guardianship. Permission for guardianship or guardianship is granted only for those older than 10 years. In the future, the representative of the guardianship service monitors the implementation of the guardian or custodian of their duties.

The procedure provided for the appointment of guardianship and guardianship

Guardianship and guardianship of children is established on the basis of a decision of the head of the local administrative resource located at the place of residence of a minor child. The guardian or custodian shall receive an appropriate certificate. A personal file is started on the ward for further storage in the archive.

By law, a guardian or guardian must be appointed no later than one month from the date of establishing the fact that the child was left without the participation of parents. If this does not happen, then the responsibility for the performance of functions and duties is assumed by the duties of trustees or guardians.

When choosing a guardian or trustee, the guardianship officer considers applications received from citizens and determines which of them can be allowed to raise and care for children. An incompetent citizen, as well as a person who has previously committed serious crimes, cannot become a guardian (trustee).

In addition, a person wishing to become a guardian must submit an appropriate application with the necessary package of documents and confirm his positive moral qualities with the attached characteristics. According to the provisions of Art. 146 of the RF IC, the following persons cannot become guardians (custodians):

  • previously deprived of parental rights;
  • having alcohol or drug addiction;
  • limited in parental rights in relation to other children or for health reasons.

The transfer of children who are in close family relations cannot be carried out to different persons, except for certain cases.

In the event that a minor cannot be sent for education for health reasons or due to age, he is sent for education and training in a special state institution (boarding school, orphanage, orphanage). According to the current legislation, the guardian (custodian) can perform his duties on a reimbursable or non-reimbursable basis. This condition is indicated in the relevant agreement concluded when the child is placed in foster care.

Special cases of guardianship and guardianship

Several types of guardianship or guardianship can be distinguished at once. First of all, it is worth noting the situation in which guardianship can be assigned to several persons at once. For example, spouses who have applied for custody of a particular child can become guardians.

Temporary guardianship is appointed in the event that the parents cannot perform their duties for good reasons. Such reasons may include: looking for work in other regions or countries, long business trips or poor health, long-term treatment.

In this case, the child is placed under guardianship for a while and, after the return of the parents, is returned to the family. As a rule, the period of such transfer is three months, and in exceptional cases up to six months.

Preliminary guardianship is a form of improvement of a minor, in which a comprehensive check of a citizen who has assumed the duties of a guardian is not carried out. To do this, it is enough for a citizen to present a passport, and guardianship employees only check the conditions of his residence.

Conclusion

The guardianship and guardianship authorities are obliged to arrange well for a minor child left without parental care. Citizens who have applied for guardianship are required to go through a rigorous verification process and obtain the consent of the child in order to subsequently become the official representative of a minor citizen. All actions and procedures are regulated by the norms of civil and family law.