LawRegulatory Compliance

Guardianship and guardianship of children: requirements and conditions for registration

Guardianship and guardianship of children are established if their parents are deprived of parental rights or they are orphans. This is the simplest way of taking a child to a family, but for its registration it is necessary to meet very stringent requirements and conditions.

Guardianship and guardianship over children are of equal importance, but differ in the fact that guardianship is registered over the kids until the age of fourteen, and guardianship over teenagers between the ages of fourteen and eighteen.

At guardianship the child keeps his surname, and the father and mother are obliged to participate in its maintenance. If he orphaned, the guardian himself is engaged in his upbringing, training and content. He bears full responsibility for him.

Requirements and conditions for registration of guardianship

Guardianship and guardianship of children are registered only at their place of residence. The basis for them may be the following facts:

- the child was left without the guardianship of the parents or guardians;

- the mother and / or father of the child have not reached adulthood.

Only one person can become a guardian, no matter what sex he is, the main thing is that he:

  • Was recognized as capable;
  • Was not deprived of parental rights;
  • Never waived the duties of a trustee;
  • Had a permanent place of residence;
  • At the time of guardianship had no previous convictions;
  • Had an income higher than the subsistence minimum ;
  • Had a living quarters that meets sanitary standards.

In this case, the guardian's spouse must meet the same requirements as the applicant himself.

The establishment of guardianship and guardianship is impossible if the candidate has a number of diseases specified in Government Decree No. 542. In this list - tuberculosis, as well as mental, infectious, malignant, oncological and other diseases.

Become a trustee will not work without the consent of the child. This is a prerequisite, as coercion will go against the interests of a small person. True, the child's opinion on legislation is asked only after reaching the age of fourteen, in another situation, guardianship is carried out without his consent.

Different persons can not become trustees of siblings. Guardians and their relatives can not make any transactions with their wards. An exception is the transfer of property as a gift or for free use and representation of the interests of the child in the conduct of court cases, as well as the conclusion of transactions.

Guardianship and guardianship of children: payments for their maintenance

For the maintenance of the child the state pays the following benefits:

1. Non-recurring payments:

- at the beginning of custody;

- at the end of guardianship, that is, when the child reaches the age of majority.

2. Monthly allowance, which is paid up to 18 years or until the end of full-time education.

The amount of payment depends on the region of residence.

Guardianship and guardianship of children is usually a transitional form for adoption. If you have already firmly decided that you want to take the child to your family, then we advise not to delay the processing of documents. After all, it may happen that there is another candidate for the adoption of the baby and then he will be able to become a foster parent, even in spite of your custody.

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