The concept of guardianship in Russian legislation only affects the provision of care and upbringing for children left without the care of both parents. However, in international practice, guardianship means, in general, the provision of care for children and their upbringing, regardless of who they are carried out by. Accordingly, the parent of the child can also be recognized as the guardian.
Instructions
Step 1
Initially, the legislation requires that the issues of raising a child are resolved jointly by both parents, taking into account the interests of the child. by whom and how he will be brought up.
Step 2
In the issue of transferring custody of a child to one of the parents, several aspects can be combined at once, depending on the initial situation in the family. Most often, the question arises about the choice of the child's place of residence and the preferential right to upbringing. At the same time, the right of the second parent to communicate with the child and participate in his upbringing is preserved.
Step 3
If it comes to the full transfer of the rights to raise a child to one of the parents, then the deprivation of parental rights of the second parent will be required. If in the first case there are two options for a solution - it can be both a voluntary agreement between the parents and a court decision, in the second case there is only one solution - going to court. The grounds for deprivation of parental rights may be evasion of parental responsibilities, child abuse, abuse of parental rights, committing crimes against children, as well as drug addiction, alcoholism and lack of participation in the child's life for more than 6 months.
Step 4
When you go to court, provide proof of the facts on the basis of which you want to be eligible for custody of the child. If there is sufficient justification, the court will make a decision to deprive the second parent of parental rights and transfer full custody of the child to the plaintiff. Only after receiving such a court decision, the parent has the right to individually make decisions concerning the upbringing and maintenance of the child.
