How to obtain guardianship of a child - what documents are needed for guardianship of a child: order, procedure, conditions, what is needed

Where should I contact? Who has the right to become a guardian? What documents need to be collected?

Let's consider all the questions in more detail.

Legislative regulation

• The very definition of “guardianship” means a form of arrangement that can be established in relation to citizens of minor age or incompetent persons over 18 years of age with the assistance of the guardianship and trusteeship authorities.
• This possibility is regulated by Federal Law No. 48 , in particular Article No. 2.
• In addition to this law, this issue is regulated by the following legislative acts :

1. Federal Law “On Basic Guarantees for Minor Citizens in the Russian Federation”;
2. Federal Law No. 120, in particular Article No. 120;
3. Family Code of the Russian Federation;
4. Civil Code of the Russian Federation;
5. Civil Procedure Code of the Russian Federation;
6. Constitution of the Russian Federation.

In what cases is this procedure possible?

Guardianship of minor children can be established in cases where biological parents are absent or one of them is unable to fully comply with all rights and obligations towards their child.

More specifically, guardianship may occur if :

• biological parents died or voluntarily abandoned the child;
• parents were deprived of parental rights;
• the parents were declared legally incompetent;
• Parents, for various reasons, do not take full or partial care of their children.

In addition, according to the Family Code of the Russian Federation, guardianship can be established over those children whose parents are under 16 years of age and are not officially married.

Guardianship itself can only be granted temporarily . In simple terms, this is the initial stage before possible adoption. If the guardians have a normal, trusting relationship with the child, they have the right to be allowed to adopt him in the future.

It is imperative to take into account the fact that guardianship can be established exclusively for minor citizens under the age of 14; if the child is in the age category from 14 to 18 years, guardianship must be formalized.

Who is eligible

The requirement for guardians is clearly regulated by Decree of the Government of the Russian Federation No. 473 .

According to this resolution, guardians can be citizens who:

• have reached the age of majority;
• are fully capable;
• there is no criminal record that occurred due to harm to human health;
• have positive personal qualities (do not abuse alcohol, do not use drugs, and so on);
• directly expressed their desire to become guardians.

Age requirements

As mentioned above, guardians can only be citizens of adult age.

However, there is still a maximum age

• female category - no older than 55 years;
• male category – no older than 60 years.

Financial situation

There are no clear frameworks on this issue as such.

But in parallel with this, the guardian must :

• have an official source of income (work officially);
• Confirm your income with an income certificate.

If the guardian does not have an official place of work, he must present a document that confirms the availability of income (for example, from renting an apartment, etc.).

The fact of having income will mean only one thing for the guardianship and trusteeship authorities: the future guardian has no malicious intent.

List of required documents

If we talk about the necessary package of documents for registration of guardianship, then this list includes:

• original and copy of the future guardian’s passport;
• application for guardianship;
• certificate of official employment;
• certificate of average salary. Here it is necessary to take into account that the average salary is included in this certificate for the last year;
• original extract from the house register;
• a medical report confirming that the guardian does not have any serious illnesses;
• a certificate of no criminal record;
• a certificate issued directly by the guardianship and trusteeship authority itself stating that there are no problems with housing. In simple words, the guardianship authorities confirm with these documents normal living conditions;
• autobiography of the future guardian;
• characteristics from the place of work of the future guardian;
• characteristics of the child himself.

If we talk about autobiography , then it is filled out in free form, and the future guardian indicates in it all his significant moments in life:

• date of birth;
• where did you study;
• where did he work;
• whether you have your own children or not;
• there is an official marriage, if it broke up, then for what reason, and so on.

The characteristics directly for the child himself, as well as for the future guardian, are drawn up:

• in an official job as a guardian. If she is absent, this can be done by neighbors or close relatives;
• for the child - representatives of the boarding school or the guardianship and trusteeship authorities themselves.

Registration procedure

Where to go

The issue of registration of guardianship is dealt with by the territorial body of guardianship and trusteeship , which is located at the place of residence of the future guardian. It is to this authority that you should contact all necessary documents.

Carrying out verification

1. As everyone has already guessed, becoming a guardian is not so easy, but it is possible.
2. After the applicant for guardianship has submitted all the documents and written an application with the employees of the guardianship and trusteeship authorities, the latter initiate identity verification the future guardian and his living conditions.

3. Having passed the initial check, the next check will take place immediately after the establishment of guardianship.
4. The guardianship and trusteeship authorities again come to the guardian and analyze his living conditions:

• what does he eat;
• sanitary and hygienic conditions of housing and so on.

Don't ignore any little thing. Even if the guardianship and trusteeship authorities see that there is no soap or any other hygiene products, they may refuse guardianship.

It is worth noting that there may be several such checks :

• planned, which occurs on warning;
• sudden.

The frequency of inspections is as follows:

• after establishing the fact of guardianship, no more than once a month;
• at least once a quarter.

It is worth noting that as soon as the guardian decided to change his place of residence and moved to another premises, the new living conditions are checked within 3 days from the date of the move and notification of the guardianship and trusteeship authorities.

After a check of living conditions has been carried out until guardianship is established, a certificate is issued .

Child's opinion

If the child is 10 years old at the time of registration of guardianship for him, then, according to Article 57 of the Family Code of the Russian Federation, the guardianship and trusteeship authorities, after checking the living conditions, are interested in the child’s opinion - whether he agrees to have a guardian or not.

Decision making procedure

In the decision-making process, the guardianship and trusteeship authorities, in addition to the opinion of the child himself (if he is already 10 years old), also take into account

• moral qualities of the future guardian himself;
• his financial situation;
• living conditions of the guardian and the child.

Today, on average, it takes from 1 to 2 months . This period includes:

• collection and submission of documents;
• 2-time check of living conditions;
• 10 days of communication between the child and the future guardian, including an analysis of their interaction;
• drawing up a housing inspection report;
• documentation of guardianship.

It is also necessary to remember one nuance. Once the future guardian receives permission to formalize guardianship, this document is valid for several years. In simple terms, within 2 years from the date of the decision by the guardianship council, you can provide documents and register guardianship.

Possible reasons for refusal

In fact, reasons to refuse guardianship, namely:

• errors were made when drawing up the application or not the entire package of documents was submitted;
• the applicant for guardianship has serious illnesses;
• lack of official place of work;
• unsatisfactory living conditions;
• refusal of the child himself.

It is worth noting that these reasons are only the most common ones and in fact the reasons can be very diverse.

Nuances of the procedure

Over a child with living parents

Guardianship of living parents can be granted only in several cases, namely:

• parents are deprived of parental rights;
• they cannot currently exercise and observe all the rights and obligations in relation to their minor child. In this case, we are talking about the possibility of obtaining temporary guardianship.

A disabled child

There are no specific provisions for registering guardianship over a disabled child.

The only thing you should pay attention to is:

• the guardian will be obliged, as necessary, to organize the necessary medical examination and send the child to sanatorium-resort treatment;
• if he has relatives, obtain consent for guardianship.

Grandmother

The main feature of registration by a grandmother is the fact that she should not be over 55 years old , otherwise registration will be almost impossible.

Who controls the implementation of guardianship and how?

• According to the Federal Law “On Guardianship and Trusteeship”, control over the guardianship of a child occurs directly by the Guardianship and Trusteeship Authority .
• They have the right to scheduled and unscheduled inspections of the child’s living conditions and the organization of his life.
• If we talk about what is included in this check , then almost everything:

• what the child eats;
• where he sleeps;
• where does he bathe?
• how he spends his free time;
• whether he goes to any clubs or not, and so on.

If it is possible to find out that any of the child’s rights are being violated, then guardianship is immediately terminated.

Moreover, all funds received for guardianship must be spent exclusively on the child and on organizing his life. From time to time, guardianship and trusteeship authorities may require a report on where exactly the funds were spent.

What guardianship is and who has the right to formalize it is described in the following video:

We recommend other articles on the topic

Guardianship of a child with living parents: what is needed, documents, stages of registration

Last modified: May 2023

Sometimes life circumstances lead to the need to resolve the issue of identifying minor children who are not orphans. Guardianship is required not only in cases of deprivation of parents' rights or their serious illness and disability. A long business trip and forced absence may lead to the registration of guardianship of a child with living parents.

The process of taking custody of a child with living parents differs little from a similar procedure due to their physical death. However, when organizing guardianship of a child with parents, some nuances must be observed.

General provisions on guardianship

• Federal Law “On Guardianship” (04/24/2008) No. 48-FZ.
• Civil Code of the Russian Federation (Article 32).
• RF IC (chapter 20).
• Special resolution of the Government of the Russian Federation regulating guardianship (“On certain issues of guardianship”).
• List of diseases for which it is prohibited to formalize guardianship or adoption (GD No. 117 of 02/14/2013).

• Other citizens may obtain the right to raise a child instead of a living parent if it is established that:

• The parent is limited or deprived of parental rights.
• Recognition of incapacity status through the court.
• The presence of a serious illness that makes it impossible to fully care for a minor.
• Refusal to fulfill parental responsibilities (the parent(s) refused to pick up the child from an educational or medical institution.
• The adult left his ward under circumstances that threatened the child's life.
• The parent is listed as missing.

Children under 10 years of age do not have to consent to being taken into the care of another person, but their views will be taken into account as evidence of the relationship established between them and the adult. For older people, it is necessary to obtain consent to become the ward of a particular candidate.

When deciding on custody, the presence of siblings will be taken into account. By law, they cannot be separated unless the situation is considered exceptional and their presence together is undesirable.

When is guardianship possible with living parents?

1. The parent is forced to leave the minor’s region of residence to fulfill his official duties.
2. Parents cannot live with the child for compelling reasons.
3. A child under 16 years old, in order to continue his studies, moves to another city or region.
4. The work of adults is organized on a rotational basis, or frequent business trips do not allow properly organizing constant care for a minor.
5. Inability to support a child due to a difficult financial situation.

In these situations, there is no talk of deprivation of rights, and guardianship is often temporary. Otherwise, failure by the parent to fulfill his or her duties leads to the issue of deprivation of rights through the court, with the subsequent transfer of the child into permanent custody. In this case, documents are collected for parents that indicate their attitude towards their responsibilities to their children. In addition to standard documents, they prepare a reference for the mother to the guardianship authorities.

The state takes care of all its citizens, especially those under age, when there is no way to independently support and care for themselves.

In accordance with Art. 32 Civil Code, art. 145 SK (clause 2), depending on the age of the ward, it is established over him :

• guardianship (until age 14);
• guardianship (from 14 to 18 years).

A different form of care is established for a child over 14 years of age. Starting from the age of 14, part of the rights of expression of will and decision-making passes to the child under guardianship, and the status of a guardian is changed to the status of a trustee.

Read additionally: What is the difference between a guardian and a trustee.

With the onset of the 18th birthday, guardianship is automatically lost, with the exception of cases when the ward enters a university or any other educational institution. In this case, care for the young citizen continues until he completes his education or reaches the age of 23.

You can also leave care at a younger age, between 16 and 18 years old, if the teenager demands to be recognized as emancipated. If the child can provide evidence of his independence, official income and legal capacity, the court may release him from guardianship, granting rights similar to adult adults.

Who is eligible

Only citizens whose capabilities or characteristics give rise to well-founded doubts by the supervisory authority will not be able to adopt a child.:

• deprivation or restriction of the rights of a parent/adoptive parent in the past;
• having a criminal record for crimes against the life and health of people, violence, illegal and immoral actions against children and other categories of citizens;
• the presence of drugs, alcohol or other forms of addiction;
• past loss of guardianship;
• diagnosis of serious diseases that threaten the health of others, as well as cancer;
• mental disorders, incapacity due to disability.

1. If citizens of foreign countries apply to the supervisory authority, an additional restriction on the sexual orientation of applicants is introduced, excluding citizens in a same-sex marriage.

An applicant for guardianship must complete a special course for guardians, without which permission to take care of the child is impossible. The exceptions are relatives who have already established warm relationships with their wards, as well as former guardians.

What documents need to be collected?

 

• In the case of registration of temporary guardianship for living parents who are forced to transfer responsibilities to other persons due to a long absence (for example, during a long business trip), the legal representatives of minors prepare a written consent establishing the temporary boundaries of the necessary assistance.
• The list of documents required for submission to the supervisory authority is presented:

• Personal document (civil passport) of the applicant.
• Brief biography (compiled personally by the future guardian).
• A medical report confirming that your health status meets the requirements for a guardian.
• A document confirming a person's income.
• Certificate of no criminal record (from the police department at your place of residence).
• An extract on the availability of the property where the ward will be located.
• Notarized consent from the guardian's family members.
• A paper about a person's marital status.
• Details for transferring benefits.

Registration procedure

The algorithm for obtaining guardianship with living parents is no different from accepting an orphan into the family.

The only exception will be the case when care of the child has become required due to the incapacity or deprivation of the rights of the biological parents.

The procedure for considering a candidate for guardianship is possible only after the court has made an appropriate decision (on deprivation/restriction of rights or status “incapacitated”).

The sequence of actions is as follows:

1. Collecting documents, undergoing a medical examination.
2. Submitting the package along with the application to the supervisory authority.
3. Drawing up a housing inspection report for compliance with accepted standards (within a 3-day period).
4. After a positive verdict on the compliance of the home with accepted requirements and standards, the commission begins to study the papers submitted for guardianship.
5. Within 10 days the commission is obliged to inform about the decision made.
6. If a decision is made to agree on guardianship, the applicant is issued a certificate confirming the legal status.
7. This paper is valid for two years, during which the guardian must decide on the child whom he will take into custody.
8. After choosing a child, the important moment comes to establish close contact with the ward. If the child is already 10 years old, his or her consent to accept help from a guardian will be required.

The work of the supervisor does not end when transferring care of the ward. Over the next years, regular monitoring and verification of the proper performance of the guardian’s duties will be organized, and if serious violations are identified, government representatives have the right to cancel the guardianship.

Amount of the guardian's allowance

When adopting a child, it is possible to register and receive the following payments to guardians:

• One-time assistance during the transfer of custody.
• Benefit until the child reaches 1.5 years of age.
• Regional child benefit.
• Federal payments.

1. In addition to monetary assistance, the legislation provided for a number of measures aimed at supporting guardians and wards:

To receive additional payments, you will need to collect a new package of papers, the exact list of which can be found by personally contacting the local guardianship department.

• preferential taxation (reduction of the calculation base);
• additional days of leave at the guardian’s place of work;
• leave when a child enters an educational institution;
• rationing or reduction of working hours;
• exemption from night shifts, business trips, overtime and other measures.

• Additionally, the guardian has the right to enjoy the following benefits:

• discount on utility bills;
• providing free baby food to infants;
• free prescription medications;
• free or discounted visits to entertainment events and museums.

The state pays a separate allowance for a minor ward. The exact list of benefits and allowances is clarified by the administration at the place of residence, since each subject of the Federation has its own regulations that adjust the implementation of federal state support programs for certain categories of the population.

Caring for a child is a responsible step that can only be taken after a thorough analysis of the situation and determination of whether there are enough strength and capabilities to provide the child with full care and attention.

It should be remembered that guardianship does not give the right to limit the child’s contact with his blood relatives, including parents, if they have not been deprived of their rights.

The guardian will be required to have moral restraint, psychological resilience and readiness to overcome difficulties together with the minor, on the path to his further well-being and successful development.

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What documents are needed to register guardianship? Full list

The function of guardianship is caring for a person who, due to current circumstances, needs care and protection of his rights. More often, guardianship is assigned to children under the age of 14, citizens who are completely or partially incompetent.

Any person who meets certain requirements and is between the ages of 18 and 80 can act as a guardian. In this case, each case is considered individually, taking into account all the nuances. Children's relatives or those who have established a trusting relationship with the child most often apply for guardianship of minors.

Also, in some cases, the child’s consent to live together with a specific person is required.

The list of legal requirements is listed in legislative acts:

• Constitution of the Russian Federation;
• Federal Law No. 48 and No. 120, regulating the observance of civil rights of minor Russian citizens;
• Family, Civil Procedure and Civil Code of the Russian Federation.

What you need to prepare to register guardianship

The applicant must write an application to the guardianship authorities whose interests he intends to represent.

Documents needed to formalize guardianship:

• Russian passport in original and its copy;
• Autobiography, including the main milestones in the life of the future guardian;
• An original extract from the house register;
• Characteristics of the applicant given at his place of official work.

Certificates are also required:

• Certificate of good conduct;
• About official employment, income (average salary for the last calendar year);
• On normal living conditions (issued by the guardianship authority);
• About the state of health;
• About marital status (married or not, reasons for divorce).

Attention! The list includes the consent of a child over 10 years of age or an adult incapacitated citizen to have a specific person become a guardian.

Registration of guardianship over a pensioner, what documents to prepare

Guardianship of an elderly person is formalized in the form of full guardianship or patronage. Full guardianship is documented after the citizen is declared incompetent by the court. Guardianship is often arranged by relatives. Parental care is not paid for by the state.

Important! Proper care with representation of the interests of a senior citizen is especially necessary after the age of 80. At this age, a person is not able to take care of himself, so he is looking for a caregiver. A capable pensioner must officially agree with the candidacy of a guardian.

To register guardianship, you must submit the following documents:

• Candidate's handwritten statement;
• Passports with copies of both sides;
• A copy and original of the future guardian’s work book;
• Certificates: 2-NDFL, medical about the health status of the guardian and pensioner, about no criminal record;
• You must present a reference from your last place of official work;
• Certificate of the guardian's marital status (marriage, divorce, children, husband/wife);
• Documents confirming the availability of own housing for both parties;
• Official consent of the ward to guardianship or patronage.

Attention! It is advisable to think carefully and weigh your options before making an important decision. A person who refuses or is removed from guardianship by government agencies will never be able to obtain guardianship again.

How to prepare documents for child custody

Guardianship of a child is only temporary, as a preparatory step for adoption. After 14 years of age, guardianship is established over children. There are many nuances that should be taken into account when preparing a package of documents. The main reasons when a minor is placed under guardianship:

• Orphanhood, in which the biological parents are dead;
• The inability of one or both parents to constantly look after the child (long business trips, shift earnings, studying separately from the family);
• The mother and father were declared incompetent by the court at the same time or were deprived of parental rights;
• The parents themselves have not yet reached the age of majority (16 years old) and have not formalized their marriage.

• Age over 18 years;
• Limit by year: women – no older than 55 years, men’s age limit – 60 years;
• The ability to control your actions and be fully capable;
• No criminal record;
• Good health;
• No bad habits;
• Desire to become a caregiver.

Attention! A candidate for guardianship must be provided with a constant income from an official source, which indicates the absence of self-interest from guardianship.

What documents need to be provided:

• Copy and original identity card (passport) of the guardian;
• A handwritten application for guardianship;
• Consent of the child, if his age is over 10 years;
• Certificate of official place of work and earnings for the last year;
• An extract from the house register confirming the availability of housing;
• A detailed autobiography indicating marital status, presence of children or elderly parents living with the candidate;
• Characteristics of the child (issued by the administration of the children's institution or the guardianship council) and the guardian (from the official place of work or from neighbors).

It takes at least 2 months to obtain guardianship of a child. During this time, the guardianship authorities fully check the identity of the candidate, his living and material conditions. The first visit is made to the candidate's home one week after submitting the application.

What is included in documents for guardianship of an incapacitated person?

An elderly person can only be declared incompetent by a court under the following circumstances:

• The presence of a mental illness, as a result of which a person cannot control his actions, cannot organize the protection of his interests;
• Diseases of alcoholism, gambling, drug addiction, which leads to a disastrous financial situation for the entire family of the addict;
• An old person is not able to take care of himself and defend his rights.

Attention! After confirmation of the status of an incapacitated citizen, a guardian is appointed within 1 month.

The court, having considered the case, may recognize that the best solution is to place the incapacitated person in a mental hospital, where special professional care will be provided for him.

To obtain guardianship, you must provide the following package of documents:

• A candidate’s statement of desire to take care of a specific person;
• Passport, other document proving the identity of the applicant;
• A certificate from the last place of work confirming the income received during the last calendar year;
• A document from the place of official work indicating the position held;
• A certificate of the results of a medical examination of the health of the candidate for guardianship;
• Document on marital status, presence of children, parents. Written confirmation that the relatives living with the guardian agree to the registration of guardianship over the incapacitated person;
• An autobiography that describes all the important events in the life of the applicant for guardianship.

To ensure full guardianship for a group 1 disabled person, you should take special free courses at the guardianship council. After all, such people, who are mostly bedridden or use a wheelchair, require special care.

• The task of the guardianship council is to place an incapacitated person under the guardianship of a reliable citizen who conscientiously fulfills his duties, so a large package of necessary documents is quite justified.
• You can find out what guardianship is and who can become a guardian by watching this video:

Documents for child guardianship 2023 - for registration, with a living mother, from an orphanage, list

Guardianship of minor children is a common form of application of guardianship if the parents do not care for the child.

Every year, thousands of parents transfer their responsibilities to other people, simply not having time to fulfill their responsibilities for various reasons.

What it is?

The concept of voluntary guardianship has been around for a long time. And this is the case when one’s own parents delegate their responsibilities to third parties. These could be the child’s relatives or other persons wishing to receive custody.

That is, they voluntarily transfer responsibilities and consent to guardianship to others. The transfer of rights occurs without prejudice to parental rights.

Voluntary child custody is often used:

• when parents are temporarily in another house in another city;
• during long business trips;
• in the case of studying a child who has not reached the age of sixteen in another city or country.

In this case, guardianship is accompanied by the consent of not only the parents, but also the child who is over 10 years old.

During the absence of parents, all obligations will be fulfilled by the person who has taken on this burden. An appropriate agreement is concluded, which specifies all living conditions, regularity of payments, and participation of biological parents in raising the child.

If parents transfer their child to the care of another person, this does not mean that they abandoned him.

Often parents resort to this method due to the inability to fulfill obligations due to family problems.

The guardian in this case is appointed in a similar way. Current legislation does not allow a person to waive parental rights without cause or without a court hearing.

But it is quite possible to prove the impossibility of providing for the baby and insufficient care. Then the parents are deprived of parental rights, and full guardianship is established over the child.

To register guardianship, you must provide a complete package of documents with a medical report on your own health.

It is also worth confirming your solvency and financial comfort by providing the appropriate documentation.

It is necessary to have property that allows a minor to live there in good conditions. All conditions are checked by the guardianship and trusteeship authorities.

And if the state authority confirms welfare, then the rights to provide for the child and support will be transferred to the applicant.

Differences from adoption and guardianship

The concept of guardianship is often confused with the concept of adoption. But there are several differences in their design and operation that affect the position of the guardian and the child as a whole.

The main difference in this case is the transfer of rights to provide for and care for the child:

• upon adoption, this fact is established in court;
• Guardianship is formalized by decision of the state authority - the guardianship and trusteeship authority.

Another difference is that guardianship can be granted to a child who has not reached the age of fourteen.

In addition, the guardian takes on the responsibility of providing finances, care and education, but at the same time does not prevent the child from seeing his parents, and the latter participating in upbringing.

Another difference is that the child retains the same last name and first name. And adoptive parents have the right to change these two criteria.

Who can apply?

Registration of guardianship is enshrined in current legislative acts. Therefore, the guardianship authority has the right to issue permission for guardianship of a child to a person who meets the requirements at the legislative level.

Requirements

Despite the fact that guardianship can be obtained by a relative of the child, he must also meet all the requirements of the state. Moreover, the presented requirements cannot be violated or deviated from.

The main requirements for the future guardian are:

• age limit is 18–80 years, while registration for citizens over 60 years of age is somewhat more problematic;
• full legal capacity without physical limitations;
• good health to cope with responsibilities;
• availability of living space;
• voluntary consent of the candidate himself.

The most important criterion is the age of majority. In the case of guardianship, the age difference is not important, as in the case of adoption - 16 years. The upper age range is approximate as each case is considered individually.

If a pensioner aged 80 is in good health, his application will be approved.

The voluntary consent of the ward also becomes a mandatory condition. If he does not agree, then guardianship cannot be established.

If the child’s age is less than specified, then his opinion is taken into account, but does not become decisive.

The guardian must be fully capable and healthy.

Guardianship is not permissible in the case of medical indications:

• tuberculosis – group 1 and 2;
• infectious diseases in the case of a dispensary stay;
• malignant tumors stages 3 and 4;
• injuries and diseases that led to the assignment of group 1 disability;
• mental disorder.

Adoption and guardianship are not allowed under the following factors:

• alcohol and drug addiction;
• criminal record for causing harm;
• citizens deprived of parental rights;
• lack of special training.

Legislation

This action is regulated by several legislative acts.
This is both the Family Code, which regulates the procedure and concept, and the Civil Code, which regulates the rights and obligations of the parties.

In addition to this, there are several regulations, as well as Federal Law No. 48 “On Guardianship and Trusteeship,” which stipulate the nuances and requirements for a guardian.

Procedure

As soon as the guardian has submitted an application for the right, the guardianship authorities within three days check the condition of the property where the ward will continue to live. The motivation and personal qualities of the caregiver are also studied.

After this, an inspection report is drawn up, where the main conditions and decisions on their satisfaction are prescribed.

Within 10 days, the commission decides on the issue of transferring the child into custody. If the decision is positive, and guardianship is carried out on a paid basis, then in addition an appropriate agreement is concluded, which sets out the conditions.

Within three days, the original documents are sent to the applicant.

If the decision is positive, the applicant can:

• ask for information about children in need of guardianship, this is done either from a guardianship authority or from a federal bank;
• ask for a referral to meet your child at his location;
• if it is not possible to take a child at the guardian’s place of residence, then he has the right to contact a data bank in any city on the territory of the Russian Federation, where he can leave information and descriptions of the child whom he would like to take under guardianship.

If the state authority refuses guardianship, then such a decision can be challenged in court.

Documents for child custody

Many future guardians are often put off by too many documents to collect. After all, what documents are needed to obtain guardianship of a child are very difficult to find.

Documents for child custody vary depending on the category of registration. If the registration takes place while the parents are alive, then this is one list; if this is the registration of guardianship over a disabled child, then this is a different list.

With a living mother

This situation often occurs when guardianship is granted while the parents are alive. To do this, it is necessary to submit an application of the appropriate form, and the government agency will subsequently make a decision on a positive or negative outcome of events.

If guardianship is established with the full consent of the parents, then this must be written down on paper and then signed by the parents.

• In the terms of guardianship, parents describe the case in which responsibilities are transferred, as well as the period for the right of guardianship.
• The child's future guardianship must be submitted jointly with his biological parents.
• To complete the application, you will need to attach the following documents to your application:

• applicant's passport;
• written autobiography of the applicant;
• a document confirming the health status of the guardian;
• certificate of income and employment;
• a certificate from the housing department confirming ownership and payment of utilities;
• certificate of no criminal record;
• consent to the notarization of the second family member of the guardian;
• certificate of marriage and presence of children;
• personal account number to which the monetary reward will be transferred.

From the orphanage

At the moment, the number of children in orphanages is constantly growing. And these numbers are constantly frightening. Nowadays there are very few people who want to adopt a child into their own family.

In this connection, they often take such a child under guardianship, and only then adopt him if he takes root in the family. This procedure is distinguished by its ease, in contrast to the fact of adoption.

If a family decides to take custody of a child from an orphanage, they need to go to the guardianship and trusteeship authorities and submit a corresponding application.

There, everyone who comes will be given advice and a list of documents that must be attached to the application. The documents are similar to the previous method.

Over a disabled person

Despite the fact that the procedure for registering guardianship is considered the easiest, each action has its own nuances and difficulties. This needs to be taken into account.

When registering guardianship for a disabled person, you must also contact the guardianship and trusteeship authorities, and then undergo a medical examination and collect the necessary package of documents.

You must come to the government agency again and write an application and attach the following documents:

• an extract from the house register confirming ownership;
• certificate in form 2-NDFL;
• certificate of no criminal record;
• certificate of completion of a medical examination;
• certificate of conclusion;
• written consent to guardianship from the ward, spouse and other persons who will live in the same territory as the ward;
• certificate of completion of training;
• written autobiography;
• pension certificate, if available.

The child also undergoes a medical examination in this case. The guardianship is issued a conclusion on the disability group. The guardian is informed about all the nuances of such action and care for a special child.

Temporary

Temporary guardianship is accompanied by similar documents when issued in 2023.

Sample application

The sample application for child custody is regulated by current legislation. A sample is provided to the guardianship and trusteeship authorities.

A sample child custody application is here.

Purpose of payments

As soon as the guardian has received the rights to provide for the child, he has the right to apply to state social protection. The state will assign a social benefit for the maintenance of the child.

They are regulated by local legislation. The average payment is 5,000 rubles. If this is a child of school age, then the benefit will be 5,500 rubles.

To receive benefits you must provide the following package of documents:

• statement;
• guardian's identity document;
• a copy of the documents on the basis of which he is the guardian of this ward.

After receiving the right to guardianship of the child and payment, the guardianship authorities will visit the guardian and the ward at the specified place of residence.

Registration of guardianship and trusteeship is a long process that requires a lot of documents.

Video about child custody

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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