Guardianship is formalized over children under 14 years of age, if for some reason they do not have parents. The preferential right to formalize custody of a child is given to close relatives (grandmothers, grandfathers, adult sisters and brothers) if they are healthy, and their material and living conditions allow them to raise a child.
Necessary
- - documents for registration of guardianship or trusteeship;
- - application to the guardianship authorities;
- - application to the court.
Instructions
Step 1
If you are planning to obtain custody of your minor grandchild, contact your local guardianship and guardianship authority. Submit a written application. You will be given a medical record that must be completed.
Step 2
You will have to visit a phthisiatrician, psychiatrist, narcologist, oncologist, therapist, and other specialists indicated in the card to confirm that you do not suffer from chronic diseases, are not registered with alcoholism, drug addiction, mental disorders.
Step 3
Also, you must provide a testimonial from the place of work and residence; act of inspection of living space by members of the housing commission from the district administration; an act of examination of the conditions for upbringing, which will be given to you by the guardianship authorities on the basis of an examination of your living conditions; certificate of income of the 2-NDFL form; notarized consent of your spouse if you are in a registered marriage.
Step 4
A minor citizen is incapacitated, therefore, guardianship over him is established on the basis of a court order with the obligatory participation of the guardianship and guardianship authorities, the district prosecutor. If the child is 10 years old, then his opinion about who he wants to see as his guardian is taken into account.
Step 5
If the parents of the child are not deprived of parental rights, are alive and are not recognized by the court as incompetent due to mental illness, then they will be required to obtain permission to establish guardianship.
Step 6
If all the documents you have submitted meet the established requirements, then the court will issue an order and you will be appointed a guardian. From the age of 14, guardianship is established over the child. This form of childcare can be established temporarily if the parents are in another city, country or in places of imprisonment, but are not deprived of parental rights.
Step 7
To be appointed as a trustee, you will need the same documents as when establishing guardianship. The case for the appointment of a guardian over a child from 14 to 18 years old is considered by the court. You can become a guardian on the basis of an order issued by a court with the participation of the guardianship and guardianship authorities or the prosecutor.
