How to arrange guardianship over a small child, what kinds of guardianship (guardianship) there are of children, and other aspects concerning this issue, let's talk about this article.
When is it necessary to arrange guardianship and custody of the child?
Everyone knows that the family is the starting point, it's the closest and dearest people, loving and caring mom and dad, this is support and support, these are holidays and traditions, this is the guarantee of the development of a full and self-sufficient person. Each child that appears must grow in the family, have a happy childhood. But, alas, the statistics is inexorable, and work in the bodies of guardianship and trusteeship does not become less with the years.
More and more children remain without parental care because of:
- death of parents;
- deprivation or restriction of parental rights.
In the first case, everything is obvious. Catastrophes, diseases, fires, natural disasters - take hundreds of thousands of human lives. And it is even frightening to imagine how many children subsequently remain orphans.
As for the deprivation of parental rights, there are lots of options. The judicial decision can deprive, as one, and both parents of the parental rights for such reasons:
- refusal of parents from the child;
- long absence (permanent business trips, serving time in places of deprivation of liberty);
- infringement of the rights and interests of a small person;
- cruel treatment of the baby;
- drug or alcohol dependence.
Obviously, in such situations, the child needs a guardian or trustees. Most often these are grandparents, or other close relatives.
Requirements and peculiarities of custody of minors
Initially we will make a reservation that under the guardianship crumbs are taken, under 14 years old, and under guardianship children from 14 to 18 years. To take into custody or guardianship of a child, a candidate must:
- be legally capable;
- not have previous convictions;
- to have an income higher than the subsistence minimum;
- have a permanent place of residence;
- not be deprived of parental rights and will not be removed from custody or guardianship.
Also guardianship and guardianship of minor children is not made out for persons who have a number of diseases: oncology, mental disorders, tuberculosis and others. If the candidate for guardians (trustees) is married, then the spouse or spouse must also meet all of the above requirements.
To become a guardian for a child, it is necessary to submit the documents requested to the relevant authorities and file an application with the guardianship and trusteeship authorities.
The main goal of guardianship and guardianship is the exercise of upbringing and education of a minor, as well as the protection of his rights and interests.
Legislation provides for special payments and benefits:
- lump sum payments rely on the beginning and termination of guardianship;
monthly allowance, is paid monthly until the child reaches the age of majority. The amount of benefits depends on the region of residence.
Joint custody of the child
Equal participation in the upbringing of the baby of the father and mother after the divorce is nothing more than joint custody, which allows both parents to take an active part in the life of the child, to bear the same responsibility for their child. Such innovation in the legislation provides for a more rational approach to the upbringing of children in those families where parents are divorced and live separately.