Can a grandmother take custody of her grandchildren? How to get guardianship over your grandmother
In old age, a person, unfortunately, does not gain health; on the contrary, there are more diseases. For this reason, it becomes difficult to do ordinary work, which I did easily in my youth. Going to the store to buy bread becomes a problem, but what can we say about the line in which you have to stand for an hour or two to pay for utilities. There is a need for relatives to care for an elderly relative. As an example, let’s look at how to arrange for relatives to have guardianship over their beloved grandmother.
There are several types of registration of patronage of the elderly. The first is that the grandmother herself writes a request to the guardianship institution, the second is that the grandchildren or children themselves begin to formalize the procedure, having received consent from the old woman, the third is through the courts if the relative is declared incompetent.- Before contacting a guardianship organization, a relative will need to collect a package of documentation. This includes:
- Passport of the grandmother and future guardian, photocopies of the identification document.
- Documentation from the housing and communal services, namely an extract from the house owner about permission to use the house, apartment or a deed of ownership of the housing.
- Medical reports that the relative who is planning to register guardianship is mentally healthy, does not use drugs, and has no life-threatening diseases (tuberculosis, cancer, etc.).
- Photocopy and original of the marriage certificate.
- Characteristics from the employer, certificate of earnings.
- The conclusion from the police is that there are no problems with the law.
- Written consent of other family members to custody.
- Conclusions from specialists from the guardianship organization that the living conditions comply with the standards.
Medical certification that the grandmother needs guardianship.
Also, as mentioned above, a representative of the guardianship service will give you an application form, which you will need to fill out with your own hand using a blue ampoule. Grandmother must also write a statement.
As it turned out, registering guardianship is a very troublesome task, but after reading the instructions, you can do everything much faster. You won’t waste time figuring out what documents are needed and where to start the process.
Good afternoon, custody of my grandson in in this case You will be able to establish only if the parents are deprived of parental rights. According to Article 67 of the RF IC:
"1. Grandfather, grandmother, brothers, sisters and other relatives have the right to communicate with the child .
2. If parents (one of them) refuse to provide
close relatives of the child the opportunity to communicate with him, the guardianship authority and
guardianship may oblige the parents (one of them) not to interfere
this communication.
3. If the parents (one of them) do not obey the decision of the guardianship authority and
guardianship, close relatives of the child or guardianship authority and
trustees have the right to apply to the court to remove obstacles
to communicate with the child. The court resolves the dispute based on the interests of the child and
taking into account the child's opinion.
In case of failure to comply with the court decision, the guilty parent is subject to
measures provided for by civil procedural legislation.”
Therefore, in this case it is necessary to deprive the parents parental rights on the grounds provided for in Art. 69 of the RF IC, and then formalize guardianship. Reasons:
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
refuse without good reason to take their child from
maternity hospital (department) or from another medical organization,
educational institution, social protection institution or
from similar organizations;
abuse their parental rights;
abuse of children, including physical or
mental violence against them, attempts on their sexual
immunity;
are patients with chronic alcoholism or drug addiction;
committed an intentional crime against the life or health of their children or against the life or health of their spouse.
But the law still provides for temporary guardianship. For example, grandma designs
temporary guardianship of a grandson, because he believes that his daughter cannot
It’s good to educate him at the moment. Various reasons have been put forward:
temporarily not working, constantly changing jobs - no stable job
earning money, constantly looking for a husband, got involved with a bad campaign -
drinking parties, etc.
Parental rights are not decided, they give time
get better. And for this period, the grandparents arrange guardianship, as
the rule is for a year, and then extension. with all that follows from this
financial consequences in the form of an increase to the family budget in the amount of 9
thousand rubles. Sometimes all this is a conspiracy of relatives or... in accordance with the Federal Law of the Russian Federation “On Guardianship and
guardianship" you can obtain guardianship over your granddaughter and take care of
raising her without depriving the mother of parental rights only if she
mothers have good reasons (for example, studying at university in
another city in full-time study, disability) according to which she herself
will not be able to raise his daughter. This guardianship is
temporary nature. You should begin its registration by contacting
guardianship and trusteeship authorities with a statement on behalf of the mother.
The law states that the guardian is the legal representative of the child. It is the guardian who represents the interests of the child, protects his rights, and also undertakes to ensure normal conditions child's residence.
The child’s parents act as the child’s legal representatives, but in practice there are cases when these responsibilities can be transferred to other persons, including the child’s grandparents. How to obtain guardianship of a grandson?
What it is?
Guardianship may be granted when minor child for some reason is deprived of the opportunity to receive parental education.
There may be situations in life when it becomes necessary to obtain both permanent and permanent guardianship.
In addition, there are specific requirements that the candidate must meet. The guardianship process can be simplified if the immediate appointment of a child representative is required. The corresponding decision is made by the guardianship and trusteeship authority.
Only a citizen who has reached the age of majority and who has not been deprived of parental rights can act as a guardian.
It is prohibited to appoint a person who has an outstanding criminal record as a representative of a child.
Normative base
A number of legislative acts are devoted to this issue.
The legislative basis is “On guardianship and trusteeship”. But in addition to this legislative act, some issues of registration of guardianship are regulated in the Family Code of the Russian Federation.
The issues of appointing a guardian are regulated in the relevant Government Resolution.
Guardianship of a grandson
The law makes it possible to obtain guardianship over a grandchild. But this requires compliance with certain rules and requirements.
To grandma or grandpa
Grandfather can do both. Of course, this can only be done if there are certain grounds.
The law states that grandparents have equal rights and opportunities: each of them can act as a guardian for a grandchild.
To do this, it is necessary to present the relevant papers necessary for registration of guardianship to the guardianship and trusteeship authority, which is authorized to make a decision.
Grandparents can submit an application either separately or together. But in practice, a separate application is usually submitted on behalf of one of the family members, who is appointed as a guardian.
With a living mother
Basically, the question of appointing a guardian arises in cases where the child’s parents have died. But there are also cases when one of the parents is alive. In this case, of course, this parent has the priority right to raise his child. But guardianship over a grandson can also be granted in cases where his mother is alive.
The most common case of custody of a grandchild is when the mother is deprived of her parental rights.
Of course, to formalize guardianship in this case, it is necessary to have a court decision that has entered into legal force.
The law also makes it possible to obtain guardianship of a grandchild while the mother is alive in the following cases:
- the mother is a minor;
- the mother was declared incompetent.
It must be remembered that a grandmother or grandfather can take custody of a child if the father:
- does not recognize his paternity;
- absent;
- died;
- was deprived of parental rights.
In other cases, the father has priority in raising his child.
Without depriving parental rights
Many people are interested in the question of whether it is possible to obtain guardianship over a grandchild without depriving the parents of their rights. In fact, this is quite possible. And in practice there are a lot of similar situations. For example, parents often go on long business trips, and the child stays with his grandmother.
In this case, the written consent of both parents will be required to formalize guardianship.
Temporary
Current legislation makes it possible to obtain temporary guardianship. Basically, the need to obtain temporary guardianship arises in cases where parents, for some reason, will not be able to raise a child for a long period of time.
To obtain temporary guardianship, it is necessary to submit a corresponding application to the guardianship and trusteeship authority along with documents that indicate that the parents cannot temporarily raise the child.
How to apply?
You should find out how and what documents are needed for this.
Documentation
To obtain guardianship you must have:
- grandmother's passports;
- medical report on the health status of the guardian;
- certificates of monthly income;
- a document indicating the existence of property rights to housing;
- autobiographies;
- certificates of no criminal record;
- child birth certificates;
- certificates about the child's health status.
It is also necessary to have a written opinion from the guardianship and trusteeship authority on the possibility of obtaining guardianship over a minor child.
Statement
To register guardianship, you must submit a corresponding application to the guardianship and trusteeship authority. The application form can be obtained directly from this authority. This document is completed on behalf of the person who wants to take custody of the child.
The application contains the following information:
- candidate details;
- information about the amount of monthly income;
- information about living conditions;
- information about the relationship with the child;
- information about experience working with minors, etc.
The completed application must be signed by the person who intends to obtain custody of the child. The required documents are also presented along with the application.
Payments
In fact, current legislature equates guardians with parents. Accordingly, they enjoy the same rights and opportunities as their parents. This also applies to the payment of various benefits.
If the child’s parents applied for payment of certain benefits, then the guardian can also receive this amount of money.
But besides this, the legislation also establishes certain payments to guardians during the registration of guardianship. In particular, a one-time payment of 14,497 rubles is provided.
It is also provided in the amount of 15,000 rubles for a child under 12 years old.
From the above we can conclude that the current legal regulation provides for the procedure and rules for registering guardianship. These mandatory rules must be observed at all times and under all conditions. In 2017, the above rules will remain in effect.
In practice, there are cases when a dispute arises regarding guardianship minor child. In such a situation, the problem can be resolved by judicial procedure.
But if a grandmother or grandfather finds themselves in a similar situation, then it is advisable to seek the help of a qualified and experienced specialist.
In the video about the design
There are situations in life that radically change the usual harmony of the family. It happens that parents have to leave for another city or country for work, and they decide to leave the child under supervision. Sometimes mom and dad are unable to raise and support a child due to mental or physical illness, or death. In such cases, the grandmother often wants to take custody of her grandchildren. We will tell you whether a grandmother can be a guardian and what documents are needed for this.
Can a grandmother obtain guardianship?
Guardians of a child under 14 years of age can only be persons of full age and legal capacity who have not been deprived of parental rights (according to Article 146 of the Family Code of the Russian Federation). Thus, the grandmother has the right to become the child’s guardian, but many factors will be taken into account: the desire of the child himself, the attitude of his parents towards the guardianship, the characteristics of the future guardian, his state of health.
Registration of guardianship over a child by a grandmother
To do this, you need to contact the local guardianship authorities and write an application for permission to establish guardianship over a specific child. In general, guardianship can be full or temporary (or voluntary). The last option, that is, temporary custody of the child by the grandmother, is arranged voluntarily with the consent of both parents. For example, it is necessary for long business trips. In this case, dad and mom need to contact the guardianship authority and write an application to grant guardianship of the child to a specific person, that is, the grandmother for a certain period of time.
In addition, when obtaining temporary guardianship of a child, the grandmother must submit the following documents:
- copies of the applicant's passport;
- her autobiography;
- medical certificate of health;
- income certificate;
- a certificate of no criminal record from the Ministry of Internal Affairs;
- a certificate confirming the applicant’s right to housing.
In addition, the guardianship authority will carefully check the living conditions, study the provided documents, on the basis of which a conclusion will be made.
Full custody of a child by a grandmother is possible if the child is left without parental care, for example, due to their death or evasion of parental obligations. If the grandmother evades obligations, she must file a claim in court and convincingly prove the parents’ absolute lack of care for the child in order to deprive or limit their parental rights. Again, the applicant should submit the documents listed above. The guardianship authorities will inspect living conditions, check income and health status. Based on these data, a conclusion will be put forward in court regarding the grandmother’s guardianship of the child.
