Reasons and grounds for temporary guardianship without deprivation of parental rights

Registration of guardianship over minors with living parents is quite common in our time. Due to the financial crisis in the country, many people in search of decent income are forced to change their place of residence or work on a rotational basis. And, as a rule, not having a permanent place of residence at a new place of work, parents arrange guardianship or trusteeship of the child at their permanent place of residence for close relatives or good friends whom they trust.

Preliminary custody

If the rights of a minor are regularly violated in a family (parents drink, use drugs, do not provide normal living conditions for the child, use physical violence), then based on a statement from one of the parents, neighbors or educational institution, the board of trustees decides to remove the child from the family.
This measure is called temporary guardianship and is applied until the parents correct the situation (getting rid of addiction, revising parenting methods, ensuring a normal level of material wealth). Since the state pursues an active policy of preserving the child’s family of origin, he may not be placed in an orphanage, but given temporary care to his grandmother or aunt/uncle. This requires their expression of will and verification by the guardianship service of this possibility. The age of the alleged guardian, his financial and housing support are taken into account. He, in turn, provides a copy of the passport, as well as a written agreement to place the minor in a family from everyone who lives with him in the same living space. This measure is necessary so as not to transfer the baby to an orphanage or shelter. As a result, the guardian (grandmother) is endowed with all the functions of a guardian, except for property. Preliminary guardianship is valid for 6 months, in special situations - 8. During this time, the mother and father must do everything to ensure that the child lives normally with them in the future. Otherwise, the guardian or guardianship authority will have to go to court. As a result, parents may lose their baby.

Important! Preliminary guardianship can only be assigned to a child left without parental care.

Example: “Alina Yu. admitted her daughter Yulia (3 years old) to the hospital for treatment. When the discharge deadline arrived, the mother did not come for her daughter. The head doctor drew up an act on leaving the child in a medical organization and transferred it to the social service. Alina was not at the specified address. Since Yulia has acquired the status of being left without parental care, she needs to be sent to a shelter. But a grandmother was found and took the girl into preliminary custody.”

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Guardianship at the request of parents

Sometimes parents must leave their beloved child for a certain period of time. This may be due, for example, to work characteristics or another reason. And here a grandmother or another close relative will come to the rescue. At the request of the parents, the guardianship authority will appoint a guardian for the required period of time.

Important! If there is only one parent (for example, a single mother), then he draws up the application. If there are capable mothers and fathers who are not deprived or limited in their rights, consent must be joint. If one of the parents refuses to entrust the child to another person, the appointment of this type of guardianship is impossible. A parent deprived of rights cannot interfere with the appointment of guardianship at the request of a legal representative.

If there is an application, the grandmother needs to collect certain documents. And the guardianship authority will decide whether she can be given responsibility for the child.

The decision of the guardianship authority will necessarily indicate the validity period. Usually it is no more than 12 months. In special cases - more.

Example: “Irina and Kirill decided to move to another city. To find a job, an apartment and a school, they temporarily decided to leave their son Dima (8 years old) with Kirill’s mother. The parents wrote a request to appoint the grandmother as their granddaughter’s guardian for a period of 3 months. After the specified time, the mother took the baby with her.”

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Child guardianship by grandmother

Courts only terminate parental rights as a last resort. The prosecutor's office, the guardianship authority, and the commission for minors must provide a lot of evidence about the need for this measure to protect the child. Therefore, it is possible to establish temporary guardianship over a child without depriving parental rights if mom and dad:

1. Restricted rights.
2. Declared incompetent.
3. They are undergoing complex treatment.
4. Their whereabouts are unknown.
5. They don't want to take me from the hospital.
6. Avoid education.
7. Other cases provided for by order of the Ministry of Education and Science of the Russian Federation No. 101 of 2015.

With living parents

According to statistics, 80% of children become wards while their parents are alive. The main goal of social authorities is not to cause moral trauma to the child and to preserve blood ties. Therefore, when registering guardianship without deprivation of parental rights, the role of the candidate is usually assigned to the grandmother.

Guardianship of a child by minor parents is a special case. Confused guys do not fully realize the responsibility that has fallen on them. And the newborn baby is waiting for care here and now. A grandmother can take custody of a child without depriving the precocious mother and father of parental rights. In this situation, the order will remain in force until one of them reaches 18 years of age.

Timing and cost

Resolution of issues regarding the participation of spouses in the life of a child occurs within the framework of the divorce procedure (Article 24 of the RF IC). If it is impossible to reach an agreement on their own, when filing a claim to establish custody of the baby during a divorce, the husband and wife will have to pay a state fee for divorce in the amount of 600 rubles (Article 333.19 of the Tax Code of the Russian Federation). Regarding processing times:

1. Within a month from the date of filing the claim, the first trial is scheduled (Article 154 of the Code of Civil Procedure of the Russian Federation).
2. It is not uncommon when it is not immediately possible to understand all the nuances of the case and determine the terms of child custody during a divorce. In this regard, the trial may last more than one month.
3. After the decision is made, you will need to wait until 30 days have passed, during which the dissenting party can challenge the verdict (Article 321 of the Code of Civil Procedure of the Russian Federation).

For your information
, if there are no disagreements between the spouses regarding joint custody of a child during a divorce, drawing up an agreement on children may take no more than a day. As for the costs, their size is determined taking into account the desire of the husband and wife to attract a notary. If the spouses decide to do without a specialist, the agreement does not require expenses. If you intend to certify a document, you will need to pay for notary services, the cost of which is determined by the tariffs established in the office. On average, the price does not exceed 5 thousand rubles.

Design algorithm

1. The grandmother (another prospective guardian) must contact the guardianship department at her place of residence to obtain a list of documents.

Important! If the registered address and permanent address are different, you must select the department at your place of residence. It is they who will exercise control over the grandmother and child after the paperwork is completed.

1. Parents must contact the guardianship department at their place of residence to have the application for the appointment of a legal representative certified.

Important! If the child's parents and guardian live in different areas, they must contact the guardianship departments of their territories. As a general rule, the department at the grandmother’s residence address issues a conclusion on the possibility of being a candidate for guardianship. However, the appointment of guardianship will be handled by the department where the child lives.

1. Having collected the documents, you need to submit them to the guardianship department and write a statement. Within 3 days, a commission must come to the grandmother’s home to assess her living conditions.
2. After reviewing the documents provided, the guardianship authority must issue the grandmother a conclusion on the possibility/impossibility of being a candidate for guardianship.

The conclusion about the impossibility of being a candidate for guardianship can be appealed in court within 10 days.

Required documents

The list of documents that the grandmother must provide to the guardianship department is contained in Decree of the Government of the Russian Federation No. 423 of 2009. Copies must be accompanied by originals for comparison.

1. Passport;
2. Statement;
3. Certificate of income;
4. Extract from the house register;
5. Certificate from the Department of Internal Affairs confirming the absence/presence of a criminal record;
6. Statement of health;
7. Documents for residential premises;
8. Marriage certificate;
9. Pensioner's ID;
10. Autobiography;
11. The opinion of all relatives living with the grandmother, in writing.

A sample income certificate is not provided by law, so you can submit: 2NDFL, from the employment center, from a pension, from a place of work in any form, or any other option proving the presence of regular income for 12 months.

A certificate from the Department of Internal Affairs can be issued for up to 30 days. It is ordered through the State Services service, the MFC, and the police. Some guardianship departments may order it themselves.

The health report is filled out using a special form and signed by a medical commission. To do this, you need to see several doctors and take tests, including for HIV. The certificate is issued free of charge.

Documents for residential premises are: a certificate of ownership, a certificate from the Unified State Register, a lease agreement. The apartment can be registered in the name of both the grandmother and her husband.

Marriage certificate and pension certificate are attached if available.

When writing an autobiography, it is worth paying attention to such facts as obtaining an education, marriage and divorce, and the birth of children. There is no need to go into details; it is enough to indicate the time period and significant events. Volume approximately 1 A4 sheet.

All family members living with the grandmother must write consent to accept the child.

Other evidence

After submitting the above documents, a commission must visit the grandmother’s place of residence to inspect her living conditions. Particular attention will be paid to the cleanliness of the house, the availability of food, and a sleeping place for the child.

The area of ​​living space cannot play a primary role in the commission’s decision. The regulations are not provided for by law.

Important! If the social service requires documents other than those listed, for example, a certificate of completion of training at a school for foster parents, or motivates the refusal due to the small size of the living space, you can contact the head of the district, the prosecutor's office or a higher authority to protect your rights.

List of documents for the child:

1. Birth certificate;
2. Copy of passport (if available);
3. Statement of health;
4. Parent/Parent Statement;
5. Copies of parents'/parent's passports;
6. Characteristics and certificate from the place of study;
7. Information about the child's property;
8. Information about brothers/sisters;
9. A copy of the medical policy;
10. Copy of SNILS;
11. Consent of the child, over 10 years old;
12. A copy of the rehabilitation program (in case of disability).

A birth certificate is required, even if the child has a passport and guardianship is assigned. If the parents’ statement was not written by the social service, you can attach a notarized one. Characteristic information can be attached from kindergarten, school, and clubs. If the child is already receiving vocational education, a certificate from the place of study is sufficient. Documents about deposits and accounts in the child’s name, about the ownership of housing, a car and other property will also be useful. If a child receives a pension, a certificate from the pension fund is required. Despite the fact that the list looks quite voluminous, these are mainly copies of documents that are already kept at home, with the exception of a few certificates. Therefore, there should be no difficulties during preparation.

Correct preparation of the application

The exact application form can be obtained from the guardianship department or the district administration website. If the guardian and the child’s parents live in the same area, the application can immediately indicate the purpose of guardianship. If you have to register with the authorities of different territories, then first the grandmother must receive a conclusion about the possibility of being a candidate in her area. And then contact the social service at the child’s place of residence.

Let's consider both versions of the statement:

1. to obtain an opinion on the possibility of being a candidate for guardian;
2. for the appointment of guardianship.

Application for obtaining an opinion on the possibility of being a candidate for guardianship

1. Addressed to the head of the district.
2. From the applicant (full name, date of birth, residential address, passport details, contacts).
3. The word "Statement".
4. Text “I, full name, ask for an opinion on the possibility of being a candidate for guardian.”
5. Appendix (list all names of documents provided).
6. Date, signature.

Application for appointment

1. Addressed to the head of the district.
2. From the applicant (full name, date of birth, residential address, passport details, contacts).
3. The word "Statement".
4. Text “I, full name, ask to be appointed guardian of my minor grandson, full name, date of birth.”
5. Reason for appointment.
6. Appendix (list all names of documents provided).
7. Date, signature.

Payment amount

As a general rule, the grandmother will have the right:

1. For child benefits paid in social protection of the population.
2. If the baby is under the age of 1.5 years, then it is possible to apply for child care benefits.
3. If the fact of absence of parental care is established, then the grandmother will be paid a one-time and monthly allowance for the child under her care, as well as other payments provided for by the regions.

Important! If guardianship is assigned at the request of the parents, a one-time and monthly allowance for the child under guardianship is not paid.

The grandmother is responsible for filing the guardian's annual report by February 1st. This happens regardless of whether child support is granted or not.

Guardian's responsibility

According to Art. 26, guardians are responsible for transactions with children’s property made on their behalf. Liability is also provided for damage to the property of the ward through the fault of the representative.

If the guardian does not fulfill the duties of protecting and managing the property, the POiP draws up a report on this and submits a claim for compensation for losses. A dishonest attitude towards guardianship may become grounds for the cancellation of guardianship.

For illegal actions or inaction, guardians are liable in accordance with the Civil Code, the Criminal Code of the Russian Federation, and the Code of Administrative Offenses of the Russian Federation.

When is guardianship not possible?

Reasons for refusal:

1. Grandmother cannot be a guardian. This situation is possible if not all documents have been collected, if there is a disease that precludes parental responsibilities (tuberculosis, HIV, oncology, group I or II disability), or the grandmother has been convicted of a serious or especially serious crime.
2. Child's opinion. If a minor over 10 years of age refuses, guardianship cannot be appointed.
3. Mom and Dad's opinion. If done at the request of the parents, their consent is required.

A lawyer's answers to questions about registering guardianship with living parents

Is it possible to become a guardian if you don’t have your own home?

Yes, owning real estate is not a prerequisite, but a lease agreement will be required.

Does pre-custody guardianship need to go to training school?

No. When establishing preliminary or temporary guardianship, no training is required.

Can a guardian terminate his powers at his own request?

Yes, to do this, it is enough to submit an application to the OOiP.

Is it possible to establish a preliminary one over an incapacitated person?

Yes, preliminary guardianship is established in such cases.

Can a temporary guardian sell the home of the child under his guardianship?

No, this option is not provided.

How to prove that guardianship is necessary?

How to prove the expediency of guardianship at the request of the parents? Article No. 13 of Federal Law No. 48-FZ “On Guardianship and Trusteeship” of 2008 indicates the need for good reasons. Moreover, the legislator has not specified any options. It is necessary to prepare documentary evidence (a certificate from the hospital, a travel certificate, a call to work on a rotational basis).

Therefore, is it possible to obtain guardianship without depriving parental rights? To summarize:

1. There are many alternative options to protect negligent parents from their children, other than deprivation of their rights.
2. The father and mother of a prosperous family can themselves choose a guardian for their children for a certain period of time.
3. When choosing a guardian, the best option would be the grandmother.
4. Guardianship is appointed by the department where the child lives.
5. If the grandmother and children live in different areas, she draws up a conclusion on the possibility of being a guardian in her own territory.
6. The guardian's annual report is due by February 1, regardless of the purpose of the funds.
7. The refusal of the guardianship authorities is appealed in court.

Therefore, it is very important for state guardianship and trusteeship authorities to help families survive difficult periods in life, while preserving the right of parents to raise children. Registration of guardianship without deprivation of parental rights is possible, and in many cases this is an excellent alternative to placing a child in an institution such as an orphanage. There are also a number of laws that allow parents to write a statement and temporarily leave the child in the care of one of their relatives.