Temporary custody of a child by a grandparent

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Published: 08/16/2018

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A situation may arise in the family in which it is necessary to find a guardian for the baby. For example, parents need to go on a long-term trip or a single mother cannot take care of her own child for health reasons.

• Registration of temporary guardianship over a child Guardianship over a grandchild
• Guardianship with living parents
• Guardianship without deprivation of parental rights

Can grandparents take custody of their grandchildren while their parents are alive?

The most common reasons for transferring custody of children to grandparents are alcoholism and drug addiction of parents, cases of child abuse or imprisonment of parents.

But besides these sad reasons, temporary guardianship can also be issued in the following cases:

• Parents leaving to work in another country.
• Moving a child to another city for study.
• Long expedition or business trip for parents.
• Serious illness of parents.
• Other circumstances that do not allow the mother and father to care for the child.

The legislation does not contain a closed list of reasons for which temporary guardianship is possible. Parents themselves have the right to decide when to place their children in the care of relatives.

You need to understand that temporary custody is not a deprivation of parental rights to the child’s biological parents. They retain all the rights and responsibilities in relation to the children, but during the absence of parents, the same rights and responsibilities arise for temporary guardians.

In what cases is it impossible to obtain guardianship?

Federal legislation defines cases in which a granny may be denied the right to become a temporary guardian over a minor grandchild:

• There was a previous conviction under an article providing for punishment for causing harm to the health of another person/persons.
• The kid himself categorically refuses to live even temporarily with his relative.
• Grandma has serious health problems.
• The applicant has a negative reference from her place of residence, from her employer.
• The child’s relative has addictions and leads an immoral lifestyle.
• The applicant for guardianship does not have normal living conditions.

Features of temporary guardianship

In accordance with Article 13 of the Federal Law “On Guardianship and Guardianship,” temporary guardianship is appointed at the request of parents for a period when they cannot take care of the child on their own. Temporary guardianship and trusteeship are forms of child care. Guardianship is assigned for children under 14 years of age, and guardianship for children from 14 to 18 years of age.

Temporary guardianship can be assigned only at the request of the parents. In this case, both parents must submit the application, even if they are divorced. The exception is the situation when the mother or father is raising the child alone.

Temporary guardianship can be appointed either on the basis of an application from the parents or at the request of the child over 14 years of age.

Other features of the guardianship appointment process include:

• The ability of parents to determine its duration at their own discretion.
• Guardianship can be terminated early based on the parents' application.
• The procedure for obtaining temporary guardianship is the same as for permanent guardianship.
• Prospective guardians must collect the same set of documents as when registering permanent guardianship.
• Temporary guardians have the same rights as permanent guardians and must perform all the same responsibilities.
• Guardians do not receive money for guardianship, and the ward is not assigned an allowance.
• Temporary guardianship does not have the same benefits as permanent guardianship.
• The PLO monitors the observance of the rights of the child and the fulfillment of their duties by guardians.

Thus, temporary custody is a voluntary decision of parents and guardians. It is necessary only in certain situations when parents are physically unable to fulfill their duties.

Payments due to the grandmother-guardian

A grandmother who is temporarily guarding the baby of her daughter or son is entitled by law to all the same payments as permanent guardians..

From the moment the PLO determines it in this status, the payment of benefits, assistance, etc. begins. (Clause 4, Article 12 of Federal Law No. 48), naturally, in an amount corresponding to those that would be due to the parents .

If the parents themselves wrote an application requesting the appointment of a temporary guardian, then payments for the maintenance of the child are not required by law, except in cases where the child is disabled.

A grandmother who is a guardian and at the same time works has the right to receive funds upon presentation of a sick leave certificate for caring for a child (in case of illness).

In general, government agencies approach the issue of payments quite strictly, striving to ensure that parents, leaving their children with their grandmother, provide their children with their own means .

The guardianship and trusteeship authorities will understand the nuances of the story and try to apply the law with maximum accuracy, while trying not to leave the child without funds .

Why is temporary guardianship needed?

In situations where children need to be left with grandparents for a long time, many parents do not see the need to appoint temporary guardianship. Usually parents reason that even without formalizing guardianship, relatives will take care of the child.

Indeed, from an everyday point of view, grandparents will support and raise a child, but they will not be able to provide legal protection of his rights, since they will be deprived of legal grounds for representing his interests.

A common example is a single mother leaving to work or study in another city. She leaves the child with her grandmother, and during the mother’s absence, a free place appears in the local kindergarten. But the grandmother does not have the legal authority to apply to the kindergarten and the place was taken by another child.

More serious incidents also occur that require decisions to be made instead of parents. For example, a child had an accident, as a result of which he needed surgery. The parents could give consent to it, but they were working on a rotational basis at that time. Since temporary guardianship was granted to the grandmother, she signed the necessary medical documents. Without legal guardianship, she would not have been able to do this.

Who can take custody of children?

Any capable person who does not have any of the following restrictions can be a guardian or trustee of minor children with living parents:

• has never previously been deprived of parental rights;
• has not previously been brought to any responsibility (administrative, criminal, etc.)
• absence of bad habits.

There is one more important requirement - the age of majority of the applicant for the role of guardian.

Rights and responsibilities of a guardian

All rights and obligations of a guardian/trustee are regulated by Family and Civil Law.

Responsibilities:

• providing the ward with a decent lifestyle (housing, clothing, food, etc.);
• take care of a healthy lifestyle and, in case of illness, provide proper care to the child and everything necessary for his recovery;
• create all possible living conditions for obtaining compulsory and vocational education;
• represent the interests and protect the rights of the child until he reaches his sixteenth birthday;
• notify the guardianship authority in case of a change of residence;
• dispose of all property of the ward with the consent of the guardianship authority;
• spend the monetary support of a minor provided by the state exclusively for his needs. Provide an annual report on the funds spent (if the child has a disability group).

Rights:

• choose a method of education, but taking into account the opinion of the guardianship authority;
• to receive subsidies and benefits from the state;
• In the event of force majeure situations, the guardian/trustee has the right to withdraw his powers.

Can a grandmother obtain guardianship over her grandchildren?

The grandmother is the closest woman to the child after the mother. The procedure for obtaining temporary guardianship of a child by a grandmother is similar to the general rules. The package of documents is identical.

The only difference is the fact that if the parents are alive, their consent is required, and in the event of the death of both, a statement from the grandmother and a document confirming the degree of relationship are sufficient. The child’s opinion is also necessarily taken into account (upon reaching 10 years of age).

Important! A grandmother cannot be a guardian of a child if her age is over sixty years old at the time of registration or she has limitations in her legal capacity. Although the law does not say anything about the age limit, in practice adult guardians are treated with special attention.

Requirements for a temporary guardian or trustee

Any close relative (grandparent, uncle or aunt) can be chosen by the parents as a guardian. The future guardian must:

• Give consent to the registration of guardianship, since Article 11 of the Federal Law “On Guardianship and Trusteeship” determines the voluntary nature of the appointment of guardianship.
• Comply with the requirements established by Articles 146 of the RF IC and 35 of the RF Civil Code.
• Submit documents to the OOP and undergo verification. The verification procedure is determined by Decree of the Government of the Russian Federation No. 423 of 2009.

As a result, the applicant is issued a conclusion on the right to be a guardian.

Russian legislation establishes the same requirements for a temporary guardian as for permanent guardians:

• Coming of age.
• Legal capacity.
• Russian citizenship.
• Having a permanent place of residence.
• Stable source of permanent income.
• Absence of alcohol and drug addiction, as well as dangerous diseases (their list is indicated in the Decree of the Government of the Russian Federation No. 118 of 2021).
• No criminal record.
• The guardian must not have previously been deprived of parental rights or removed from guardianship due to a violation of the rights of the ward.

Also, when considering a guardian, their characteristics, reputation and moral character will be assessed.

What it is

The rules for establishing guardianship are regulated by the RF IC and Law No. 48-FZ - such a regime for raising a child is possible under the following circumstances:

• in case of sudden death of both biological parents;
• when the rights of mother and father are limited or deprived by a court decision;
• in case of parents abandoning their baby;
• by the free will of the parents or the child himself.

Only with the latter option is it possible to transfer a minor on a temporary basis to any relative, including a grandmother. The law provides that parents can determine in advance a specific citizen in whose favor guardianship will be established, and in a number of situations the child’s similar will will be taken into account. Please note that this form of guardianship must take into account the interests of the child, therefore, when considering the application, the living and living conditions of the guardian will be checked.

In what cases is it permissible to establish a temporary guardianship regime? In Art. 13 of Law No. 48-FZ specifies only a general basis - when the biological mother and father, for a certain period of time and for extenuating circumstances, are unable to fulfill their duties. Such reasons may include:

1. a long-term and serious illness, hospital stay, or medical conditions impede child care;
2. the onset of temporary incapacity, including disability, which prevents the proper maintenance of the baby;
3. departure for the period of education in another region;
4. long-term departure on a business trip for official reasons, during which the child’s relocation and change of place of residence is difficult or impractical;
5. other circumstances that will be considered valid when considering the application.

Please note that the establishment of this type of guardianship implies a strictly defined period - it will be recorded in the act of the authorized body. The validity of the reasons for placing a child in the care of a grandmother or other relative must be documented.

Let's look at the rules for filing an application for temporary guardianship and the list of requirements for a guardian.

Procedure

The process of obtaining temporary guardianship includes:

• Consultation in the PLO.
• Preparation of documents for the ward and guardian.
• Drawing up an application for guardianship.
• Verification of submitted documents.
• Checking the guardian's living conditions.
• Issuing a conclusion on the right to be a guardian.
• Issuance of a decision on the appointment of temporary guardianship.

Some stages need to be considered in more detail.

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Preparing an application

Article 13 of the Federal Law “On Guardianship and Trusteeship” states that an application must be submitted by both parents who, for good reasons, cannot raise a child for a certain time.

The text of the application must indicate:

• OOP name.
• Parents' details (full name, place of residence, date of birth).
• Child details.
• Detailed information about the future guardian.
• Duration of guardianship.
• Reasons for its design.
• Consent for the child to live with a guardian.
• Consent to temporarily transfer legal rights to represent the child to the guardian.
• Request to transfer the child into temporary custody.
• Date and signatures of applicants.

Additionally, grandparents who wish to become guardians submit an application for the opportunity to become one.

For such applications there is a special form, the form of which is established by Order No. 4 of the Ministry of Education of the Russian Federation of 2019.

The statement states:

• OOP name.
• Passport details of the potential guardian.
• Information about his criminal record or lack thereof.
• Information about place of residence.
• Information about the pension, if the guardian receives one.
• Full name, dates of birth and family ties of persons living with the guardian and their consent to live together with the ward.
• Information about the caregiver's health status.
• Information about his financial security and employment.
• Any additional information about raising children, family ties with the ward, training for guardians.
• Request for guardianship.
• Date and signature.
• List of attached documents.

Civil Code of the Russian Federation Article 185.1. Power of attorney

1. A power of attorney to carry out transactions requiring a notarial form, to submit applications for state registration of rights or transactions, as well as to dispose of rights registered in state registers must be notarized, except for cases provided for by law.

2. The following are equivalent to notarized powers of attorney:

1) powers of attorney of military personnel and other persons undergoing treatment in hospitals, sanatoriums and other military medical institutions, which are certified by the head of such an institution, his deputy for medical affairs, and in their absence, the senior or duty doctor;

2) powers of attorney of military personnel, and at points of deployment of military units, formations, institutions and military educational institutions, where there are no notary offices and other bodies performing notarial acts, also powers of attorney of employees, members of their families and family members of military personnel, which are certified by the commander (chief ) these units, formations, institutions or establishments;

3) powers of attorney of persons in places of deprivation of liberty, which are certified by the head of the corresponding place of deprivation of liberty;

4) powers of attorney of adult capable citizens located in social protection institutions, which are certified by the administration of this institution or the head (his deputy) of the relevant social protection authority.

3. A power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, or to receive correspondence, with the exception of valuable correspondence, may be certified by the organization in which the principal works or studies, and the administration of the inpatient medical institution where he is being treated. Such a power of attorney is certified free of charge.

4. A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so in accordance with the law and constituent documents.

The legislation does not contain clarification on how exactly a power of attorney for a child should be certified, and therefore one must be guided by Art. 185.1 Civil Code. As you can see, the legislator does not specify how exactly a power of attorney for a child should be certified (a power of attorney to represent the interests of a child or to accompany a child in Russia or abroad). Therefore, on many consultants’ websites and forums you can find information that a power of attorney for a child can be certified at the place of study, at the place of hospitalization, at the place of work, etc. This is incorrect, because. The above article of the Civil Code contains an exhaustive list of types of powers of attorney that do not require notarization. So, a power of attorney for a child must be notarized.

The name and text in the power of attorney may vary depending on what specific powers you give to the person who will be with your child. As a rule, we are talking about permission (power of attorney) to raise a child in Russia. The text is available from the notary or is freely available on the Internet and it usually states that the authorized person can be a representative of your child.

Verification of documents and place of residence

From the moment PLO employees receive the application for temporary guardianship, they are given three days to check it, as well as to check the submitted documents. During the inspection, the PLO has the right to request additional documents and clarify the necessary data.

They are usually interested in:

• Whether the grandfather or grandmother had a criminal record.
• What is the size of their pensions?
• Information about the family composition of grandparents at their place of residence.

An important stage is checking the sanitary and technical condition of the guardians’ housing. Within 5 days after receiving an application for registration of guardianship, POO employees must visit the applicants and assess the area of ​​the living space, its lighting, level of heat, safety, as well as the availability of conditions for the child’s education, residence and leisure.

Details of the verification process are specified in the Order of the Ministry of Education of the Russian Federation of 2019.

Based on the results of the inspection, PIO employees will draw up a report. This document will be one of the most important when deciding on temporary guardianship.

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Required documents

The main documents for registration of guardianship are statements from parents and grandparents.

Attached is a list of documents for the guardian:

• His passport.
• Autobiography.
• Certificate of employment (indicating salary and position).
• Other certificates confirming income.
• Marriage certificate.
• Medical documents confirming the absence of diseases for which you cannot be a guardian.
• Consent of the guardian's family members (over 10 years old) to live together with the child under their care.

If a person who is not a relative of the child wants to become a guardian, he is required to additionally complete a preparatory course for guardian and trustee. As a result of completing the course, he will be given a corresponding certificate.

A number of documents must also be submitted for the child himself:

• Passport or birth certificate.
• Consent to registration of guardianship if the child is already 10 years old.
• Medical report.
• Documents on the basis of which the reasons for placing a child under temporary guardianship with living parents become clear.

Additionally, the PLO may request documents about the criminal record of the guardians, the composition of their family and the amount of their pension, as well as other documents necessary in a particular situation.

Duration of registration of guardianship

How long does the custody appointment procedure take?

• from 10 to 30 days – collection of documents;
• up to 10 days – review and verification of documents, verification of the guardian’s place of residence, execution of an inspection report;
• from 3 to 5 days – issuing a conclusion on the right to be a guardian and appointing temporary guardianship.

The length of time a grandmother or grandfather performs guardianship duties in relation to a granddaughter or grandson is determined by the parents themselves (depending on the circumstances due to which they are forced to place the child under guardianship).

The term of office of the guardian is indicated in the decision on the appointment of guardianship.

Payments and benefits

When assigning temporary guardianship, no benefits or subsidies are provided by the state. But the very process of raising and maintaining a child requires certain expenses from grandparents. They can reimburse them:

• Thanks to the voluntary help of the child's parents.
• By collecting alimony from parents.
• Managing the income of a grandson or granddaughter, if any (disability pension, survivor's pension or deposit payments).

Since temporary guardianship is arranged voluntarily, there is usually no talk about material issues.
Relatives themselves agree on reimbursement of expenses for the child. Facebook

Who is being considered?

Usually all issues are dealt with by the guardianship service. However, the procedure may be accompanied by problems. In this case, there are additional ways to solve them.

Child protection

They first study the application and the entire package of documents submitted by the grandmother.

Then there is a visit to the place and inspection of the conditions of the child’s future living.

Based on all the information collected, a decision is made to assign the grandmother the status of a guardian.

Challenging the decision - in court

It happens that the guardianship authority may refuse a grandmother without sufficient grounds. Then this decision should be appealed in court. The claim should refer to the fact that all previously submitted documents are in perfect order. In addition, it is necessary to emphasize that the grandmother fully complies with the requirements for guardians. The essence of the demands may be to force a decision on guardianship.

Features of appointing a guardian

You can become a guardian for a child under 14 years of age. The guardian has all legal rights and can manage them for him.

The law allows guardianship of a child with living parents in the following cases:

• parents (mother and father, cannot care for the baby, have mental illness or are physically disabled);
• one of the parents works in another city or country;
• parents do not have the financial ability to support the child;
• parents have a traveling nature of work (constantly on business trips or on shifts);
• for a child under 16 years of age to receive education in another city.

These are the most basic points of the law, but not everyone has the opportunity to become a guardian.

A mother (father) working abroad can grant guardianship permission to relatives or friends whom they trust. To obtain guardianship of children whose parents have been deprived of parental rights, consent is not required.

Legal requirements for potential guardians

Parents can choose a guardian from their circle of close people and entrust their child to him.

If parents have been deprived of their rights by court, then anyone can become a guardian, but close relatives (grandmother, uncle, aunt, etc.) are considered first.

Art. 46 of the RF IC imposes certain requirements on prospective guardians:

• the applicant is an adult and recognized as having legal capacity;
• he was never deprived of parental rights;
• not convicted and not involved in proceedings related to criminal cases;
• not drug addict, not disabled group 1;
• must take training courses.

Since the interests of the child for guardianship always come first, and people with health problems cannot provide their children with proper care, there are a number of diseases for which guardianship cannot be obtained.

Usually, grandparents want to take custody of children, but they are granted guardianship only if they fully meet the above requirements (for example, a grandfather with a Group 1 disability will not be given guardianship of the child).