How To Get Temporary Guardianship

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How To Get Temporary Guardianship
How To Get Temporary Guardianship

Video: How To Get Temporary Guardianship

Video: How To Get Temporary Guardianship
Video: 3. Temporary Guardianships 2024, November
Anonim

Temporary guardianship is formalized in a simplified manner in the guardianship and guardianship authorities, if it is necessary to urgently appoint a guardian to the child. Usually, a similar situation occurs when a child is taken away from his parents for various reasons.

How to get temporary guardianship
How to get temporary guardianship

The current family legislation of the Russian Federation provides for various life situations that may arise in the relationship between parents and children. So, in some cases, the child has to be taken away from the parents on an emergency basis, since further stay in the family poses a serious threat to his life and health. A similar situation can arise with an asocial lifestyle of parents, chronic diseases of alcoholism, drug addiction, mental disorders. As a rule, such a child can be taken into care of by other relatives, and it is impractical to place him in an orphanage. It is for this that temporary or preliminary guardianship is provided, which is drawn up in a simplified manner.

What should an applicant for the role of interim guardian do?

Any adult capable citizen (as a rule, he is a relative of the child) can arrange temporary custody of the child, for which one should apply to the guardianship authorities with a passport. If the child's relatives are absent or do not express a desire to become guardians, then the authorized bodies propose to issue preliminary guardianship to other citizens who have previously expressed their intention to become guardians. The decision to appoint a temporary guardian is made after an examination of the living conditions of such an applicant. The general procedure for registration of guardianship, associated with the need to submit and consider an impressive package of documents, verify information about the identity of the alleged guardian, in this case is not applied in the interests of the child, who needs to be in the family as soon as possible. In the future, as a rule, the temporary guardian formalizes permanent custody in the general order, but the child by that time has already adapted to the new conditions.

What to do after applying for temporary guardianship?

A temporary guardian has all the rights that are granted under permanent guardianship, the only limitation is the lack of the right to dispose of the child's property. However, the maximum duration of preliminary guardianship does not exceed six months, therefore, it should not be delayed with registration of permanent guardianship. The law allows to extend the specified period of up to eight months, but the guardianship authorities make such decisions only in exceptional cases. If the temporary guardian is reapproved for permanent care, then he will be considered the normal guardian of the child from the moment of the initial application to the authorized body.

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