Temporary custody of a child: without deprivation of parental rights, by grandmother

There can be many reasons for obtaining such guardianship. These include long business trips, serious illness, and other reasons.

But this does not provide grounds for depriving parents of their rights, since temporary, even long-term separation from the baby is not the only basis for this.

Concept

The concept of temporary guardianship is understood as an official simplified procedure for appointing a guardian for a child in order for him to carry out all the responsibilities of parents for a temporary period.

This procedure is formalized by social guardianship authorities for 6 months. This period can be extended for a maximum of another 2 months.

This period is given in order to resolve certain life situations, and the guardian could represent the interests of the child in the absence of the parents.

This procedure is also used when there is a need to urgently obtain guardianship of a child, and only then collect the necessary documents to obtain permanent guardianship.

Registration of temporary guardianship occurs much faster due to a simplified system, including the submission of a minimum package of documents.

But the main question that interests many is whether it is possible to obtain temporary guardianship without depriving parental rights . This type of guardianship allows you to transfer the powers of parents on a temporary basis without depriving them of their rights.

Temporary guardianship of a minor can be obtained by a close relative of the child. These include:

• Grandmothers and grandfathers;
• aunts and uncles;
• adult brothers and sisters.

This type of guardianship is provided with the purpose of not traumatizing the child, and he can remain in the family . The interests of the baby in this case are always given priority.

Therefore, if the closest relatives can provide him with the necessary care and attention, then the guardianship authorities will not register the child in an orphanage.

Parents should use the time provided to solve their problems and settle in a new place if they are forced to move to another city.

If the reason for the inability to constantly care for the baby persists after the allotted time, the relatives will have to obtain permanent guardianship, or the baby will be transferred to an orphanage.

Circumstances

Therefore, deprivation of parental rights is carried out only when there is a direct threat to the life, health and psychological state of the baby.

Temporary guardianship can be established in the following cases:

1. If the parents were limited in their parental rights to the baby.
2. The whereabouts of the parents are unknown.
3. They refuse to take children from the hospital or other government institutions.
4. They are undergoing complex treatment.
5. Declared incompetent by court decision.
6. Avoid raising and maintaining a minor.
7. Some other cases provided for by Russian legislation.

In all these cases, temporary guardianship of the child by the grandparents, as well as other close relatives, is possible.

As statistics show, registration of guardianship occurs while the parents are alive in 80 percent of cases. Therefore, the opportunity to leave a child in his family is a priority task of the guardianship authorities.

Decor

The question often arises of how to obtain temporary custody of a child for a grandmother. Although this procedure is simplified, it requires compliance with a certain procedure.

The step-by-step instructions will be as follows:

1. A potential guardian who is a close relative must apply to social guardianship at his place of residence. It is important to understand that permanent registration may differ, but it is important to apply at your actual place of residence. Because it is these bodies that will subsequently exercise control over the child under their care.
2. If the parents are legally competent, they must appear at their territorial guardianship department and submit a statement there that they agree to grant temporary guardianship to a specific relative. Applications are also submitted at the place of actual residence of the parents, so this application can be submitted even while in another city.
3. After this, the potential guardian must collect a list of necessary papers and write an application to the PLO.
4. After accepting the application, a representative of social authorities must appear at the indicated place of residence of the potential guardian and inspect the premises where the ward will live.
5. Next, the OPP at the place of residence of the potential guardian makes a decision on the possibility of transferring the minor to the guardianship of this applicant.
6. If a negative decision was made, it can be appealed in court. In this case, it is necessary to file a claim for the purpose of appeal within 10 days after receiving the notice of refusal.

This procedure is simplified in that the amount of time during which the residential premises are inspected does not extend over a whole month.

The employee must check it during the work week. Therefore, the decision is made faster.

Documentation

In the absence of any of them, PLO employees have the right to refuse to consider the application.

The main list of papers includes:

1. The applicant’s personal passport must contain a mark indicating permanent registration in Russia. If a citizen resides in another place legally, he must document these grounds.
2. Documents providing legal grounds for residence at the actual address. These may include both title documents and other documents giving the right to live in this place.
3. Directly the statement itself that the citizen wishes to obtain temporary guardianship over a minor relative.
4. Documents confirming the applicant's income. These may include personal income tax certificate 2, if the applicant is officially employed, a pension certificate and other documents confirming income. It is necessary to provide information for the last year in any documentary form.
5. An extract from the house register is provided in the original. It indicates all family members living at this address.
6. A certificate certifying that the applicant has no criminal record. This document is completed within 30 days. You can order it through the MFC, Department of Internal Affairs, police or State Services. In some cases, this certificate may be ordered by the guardianship authorities themselves.
7. A certificate confirming marriage, as well as, if there is a divorce, or death of a spouse.
8. A medical certificate confirming the citizen’s satisfactory state of health, acceptable for taking guardianship of a minor. To obtain it, you must pass a special commission consisting of several doctors, and you will also need to pass a certain list of tests. Based on this, a check will be carried out to identify diseases that are incompatible with guardianship. In their absence, a certificate of satisfactory condition of the citizen will be issued.
9. Pension certificate, if available.
10. A person’s autobiography about himself, characterizing and describing in detail the applicant’s main work activity, as well as his family (children, husband).
11. The opinion of all adult relatives living at the same address as the applicant, who are indicated in the extract on the size of the family. In this opinion, they must express their consent to another family member living in their family.

In addition to the listed papers, the guardianship authorities themselves must draw up a document confirming the compliance of the applicant’s home with the necessary standards.

When inspecting a home, special attention is paid to:

• sanitary condition of the apartment;
• availability of a sleeping place, as well as a place for studying;
• appropriate living conditions for the minor.

• When assessing housing, legislative norms do not establish certain standards for the minimum living space.
• The most important thing here is to assess the child’s ability to live in normal conditions, regardless of the fact that there may not be quite enough space in the apartment.
• The most important thing is that he will live with his relatives during the difficult period of separation from his parents.

Drawing up an application

When collecting all the necessary documentation, the greatest difficulty may be in drawing up an application on the basis of which the applicant will have the opportunity to become a guardian.

There are 2 options here:

1. In the first case, if the territorial guardianship authorities differ between the applicant and the actual address of residence of the minor, then you will have to draw up a document with your authority confirming compliance with all the requirements for obtaining guardianship. And in the future, with the received official paper, draw up documents for the baby in the territorial social authorities at his place of residence.
2. In the second case, when both addresses belong to the same territorial guardianship authority, you can simultaneously obtain a document of compliance and write an application for guardianship.

First of all, the candidate must confirm his ability to be a guardian in accordance with the established requirements.

This application is formatted as follows:

1. The application is written to the territorial guardianship authority indicating its legal location.
2. Next, indicate the applicant’s full name, his registration and actual residential address, and contact phone number.
3. Next, indicate the title of the document (usually it is already filled out on the finished form).
4. The body of the application itself contains a request to check and recognize the possibility of obtaining guardianship for a specific minor, indicating his place of residence and the grounds for obtaining temporary guardianship.
5. The applicant's passport details and registration address must be indicated.
6. The list of attached documents is indicated, dated and signed by the applicant.

Based on this, a check is carried out and a decision is made by the PLO staff regarding the possibility of obtaining guardianship for this applicant.

After receiving a positive decision, the applicant must write a second application in which he requests custody of a specific child.

The procedure for compiling it will be similar to the previous one:

1. The name of the OOP to which the document is sent is also initially indicated.
2. The legal address of the educational institution is indicated at the place of residence of the child.
3. After this, the applicant’s full name, registration and contact information are written down.
4. The name of the document is also usually written on the prepared form.
5. After this, a request is written that the applicant wishes to receive temporary guardianship for a specific minor citizen, indicating his full name, date of birth, and registration information.
6. The reason for the appointment, supported by documentation, must be indicated.
7. All attached papers are then listed.
8. Below is the signature and date of submission of the application.

Based on the second document, a decision will be made to establish guardianship of the minor for a specific period.

Requirements

The basic requirements for guardians are the same as those required for the temporary transfer of guardianship. The most important of them:

• the person must be a citizen of the Russian Federation;
• he must have legal capacity;
• the person must be an adult.

If one of these requirements is missing, the application will not even be considered.

In addition, important restrictions for obtaining the opportunity to become a guardian are:

1. Persons who have ever been limited or completely deprived of parental rights, guardianship, trusteeship, or adoption rights over someone through their own fault.
2. Persons suffering from drug addiction or alcoholism, as well as those registered in a drug treatment or neurological clinic.
3. Persons who have ever had a criminal record, or who are currently convicted and have an outstanding criminal record. In this area, crimes that are dangerous and especially dangerous for citizens, as well as crimes against the honor, dignity, health and life of citizens, are considered.
4. Persons who do not meet the requirements for health reasons.

The main list of diseases and health conditions in which a citizen will not be able to become a guardian is as follows:

• tuberculosis diseases;
• HIV – infected;
• with oncological diseases;
• mental disorders;
• disability of the first group.

When assessing the possibility of appointing a particular citizen, his moral beliefs and relationships with the child under his care are taken into account.

If a minor citizen who has reached the age of 10 is against the appointment of this person as a guardian over him, the guardianship authorities do not have the right to appoint him.

Video: What is guardianship and who can become a guardian

Payments

When establishing guardianship, even temporary, the relative is entitled to certain payments. In 2020 they are as follows:

1. If the baby is under one and a half years old, then the guardian can issue a benefit for him in the amount of 3065.69 rubles for one child.
2. Regional child benefit, established individually in each region.
3. If it is established that the parents do not pay for the child’s maintenance, then it will be possible to claim a one-time benefit in the amount of 14,497 rubles.
4. In addition, in this case it will be possible to claim a monthly allowance for children under 12 years of age of 15 thousand rubles and 20 thousand rubles for children over 12 years of age.

Read also: Is it possible to smoke on the balcony of your apartment: apartment building, new law

The possibility of obtaining temporary guardianship is a good way to leave a child in his family with his relatives, despite the situation that has occurred with the parents when they no longer have the ability or desire to raise and support their child.

This type of guardianship gives additional time to relatives to obtain full guardianship without sending the child to an orphanage.

Source: http://semeinoe-pravo.net/vremennaya-opeka-nad-rebenkom-bez-lisheniya-roditelskih-prav/

When it is necessary to obtain temporary guardianship: registration procedure, necessary documents

According to the norms of Russian family legislation, the direct responsibility of parents is to care for their minor children.

However, often parents fail to cope with this function, and children find themselves under someone else's care.

If the family is prosperous and officials have no complaints against the parents, so-called temporary guardianship of the child is issued without deprivation of parental rights.

Temporary child custody

According to the Law “On Guardianship and Trusteeship”, temporary guardianship of minor children is possible when parents:

• are on constant business trips;
• incapacitated due to serious illness;
• or children leave to study in another city or country.

Based on these reasons, parents should contact the social protection authorities (SPA) with a request to appoint a temporary guardian for the children, who is most often an adult blood relative. In accordance with the requirements of Art. 146 of the RF IC, PLO employees will study the identity of the proposed guardian and approve or reject the candidacy.

Important: temporary guardianship of the child will be required before adoption until the orphanage is transferred to adoptive parents.

Voluntary guardianship

If the parents of a minor child need to be away from home for a long time or other circumstances have arisen due to which they cannot fulfill their duties, then they need to contact the Public Education Office with an application to appoint guardians or trustees for the child, indicating the period of their absence. A single parent who has no relatives can do the same. In this case, social security employees will find a guardian themselves.

With living parents

In addition to situations involving business trips, minors often have children.

In this case, temporary custody of the child is carried out by the grandparents in the presence of living parents until they reach 18 years of age.

After reviewing the personal files of parents and potential guardians, the OPP makes a decision within a week. During this time, all necessary documents are prepared.

Child guardianship by grandmother

The grandmother can exercise either full or temporary guardianship over her grandson. In the first case, the parents are deprived of parental rights or the child is an orphan, and the second is voluntary and confidential.

In addition, even OOPs give priority to grandparents. Despite the fact that the candidate’s age is limited to 60 years, this category of relatives, at the request of the parents, is legally allowed to raise their grandchildren.

Important: from the age of 14, a minor citizen has the right to independently apply to the social security authorities with a request to appoint a specific guardian for him.

If parents are deprived of their rights

If parents shirk their duties, then so-called full custody occurs. In this case, future guardians must go to court and prove the fact of improper care of the ward. If only the mother is deprived of parental rights, then the father is in charge of custody. A grandmother can perform this function if:

• paternity has not been confirmed;
• father renounced paternity;
•  the father is incapacitated or deceased.

Important: in order to take permanent custody of a minor, it is necessary to deprive the mother of parental rights through the court if she leads a marginal lifestyle.

Preliminary custody

Preliminary guardianship is carried out with the support of the PLO, when there are no compelling reasons to transfer the child to a shelter.

Guardianship can be created by legally capable relatives who have reached the age of 18 and are ready to raise and support the ward for a specified period.

During this time, parents must do everything to ensure that the child has a normal standard of living. Otherwise, guardianship becomes permanent or the child will end up in an orphanage.

From the orphanage

In order to take care of an orphanage resident, it is necessary to resolve this issue with the PLO, collect documents, obtain the appropriate resolution and visit the orphanage to meet the children.

Then a guardianship order can be obtained without going to court.

Relatives obtain temporary guardianship of the child in a simplified manner; all other persons must additionally go through preparatory measures.

Any citizen who has reached the age of 18, without a criminal record, mental and sexual disorders, bad habits, or diseases specified in Government Decree No. 17 of February 14, 2013, can be a candidate for guardianship. Group I disabled people, persons who have lost parental rights and citizens those who do not have regular income and living space cannot take in an orphanage child.

Temporary guardian

According to the theses set out in Art. 12 Federal Law of the Russian Federation No. 48, guardian or trustee is a person who legally cares for a minor child deprived of parental care. A temporary mentor has the same rights and responsibilities as a permanent mentor. Such a citizen must meet a number of criteria, but the main criteria are adulthood and legal capacity.

Requirements for a guardian

The OOP has the following requirements for the candidate:

1. Absence of dangerous diseases, problems with the law, illegal substances, mental disorders;
2. Personal qualities and attitude towards children;
3. The person has not been deprived of parental rights in the past;
4. Optimal housing and material conditions.

If the family of the ward proposes the candidacy of a close relative, then officials, as a rule, agree to the meeting. The main thing is that the relative is healthy and can take care of him.

Rights and obligations

A temporary guardian or trustee is endowed with the same rights and responsibilities as a permanent one, except for the rights to the property of the ward on his behalf. Regarding responsibilities, the mentor must protect the rights and interests of the child, care for him, take care of his development, health, education, and provide favorable conditions for the ward.

Registration procedure

Parents who decide to take such a step must contact the guardianship authorities with a corresponding application. It must indicate the reasons for the need for guardianship and appoint a mentor. In addition, parents and the child will have to confirm their relationship.

The candidate for the role of guardian must collect the necessary information about the state of health, housing, reputation and confirm the desire to take the child with him. If the latter is already 10 years old, then he has the right to his opinion regarding this situation.

Where to contact

In order to correctly carry out the procedure for obtaining temporary custody of a child, you will need to perform the following steps:

1. Parents apply for temporary guardianship at their own request;
2. The future guardian applies to the territorial department of the PLO with a package of documents;
3. Officials within 10 days issue permission for temporary guardianship of the child by the grandmother, relatives, etc. or they refuse it.

Important: the relative must go to the social security authorities at his actual place of residence, since that is where the ward will live.

Required documents

The PLO authorities require a list of the following documents from the candidate:

• copy of passport and TIN;
• certificate from a medical institution;
• proof of income;
• certificate of registration at the place of residence;
• document confirming the availability of living space;
• autobiography;
• certificate from the Ministry of Internal Affairs;
• child's birth certificate;
• notarized parental consent;
• statements from the candidate guardian and parents.

Important: guardianship authorities can, for example, visit the place of residence of a grandmother who wishes to obtain guardianship, and based on the visit, draw up an act on the suitability of living conditions.

For how long

As a rule, parents themselves set the period for which temporary guardianship is granted. But, as a rule, it lasts from 2 to 8 calendar months.

Sometimes the period of preliminary guardianship is extended with the re-registration of all documents. In some situations, after the expiration of the second temporary guardianship, an adoption procedure occurs.

This is a common practice in the event of the death of parents or the end of guardianship over an orphanage.

Payments and benefits to guardians in 2018

Temporary guardianship can be provided on a paid basis. Thus, one ward is entitled to receive from 6,160 to 7,700 rubles monthly. The lump sum payment is 13,741 rubles. Guardians may qualify for preferential benefits to pay for utilities and monetary compensation in case of illness of the ward.

The guardian and the ward can receive financial assistance if they are registered in the same region, since payments will be made from the regional budget. Cancellation of benefits occurs in the event of improper fulfillment of guardianship duties and on the basis of a court decision.

When guardianship is not possible

Persons deprived of parental rights, removed from guardianship, convicted of serious crimes, and registered with a psychiatrist and narcologist are not allowed to exercise temporary guardianship over children.

Termination of guardianship of a minor

According to Art. 40 of the Civil Code of the Russian Federation, temporary guardianship and trusteeship are terminated under the following circumstances:

• expiration of the period for which temporary guardianship was issued;
• death of a guardian or ward;
• removal of a guardian from duties due to improper performance;
• at the request of both parties to the legal relationship;
• violation of property rights by a guardian or ward.

Source: https://opekarf.ru/opeka-i-popechitelstvo/nad-detmi/vremennaya-opeka

When is temporary guardianship granted to a grandmother over a child?

If it so happened that the children were left without parental care for a sufficiently long period of time - a serious illness of the parents, serving time for a crime, a business trip without the opportunity to take the children with them, what to do?

It’s great if you have a grandmother. You can trust her to take care of the baby . In any case, this is much better than sending minors to a government institution, such as a boarding school or an orphanage.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

Temporary guardianship of minor children

In the Family Code of Russia there is no such concept as temporary guardianship. Temporary guardianship falls under Article 12 of the Federal Law of the Russian Federation No. 48 “On Guardianship and Trusteeship ,” which describes the procedure for temporary care of children by a guardian and the degree of participation of guardianship bodies, as well as the responsibility of each of them.

When the father and mother themselves, for any reason, are deprived of the opportunity to take care of their offspring for any period of time, they have the right to contact the guardianship authorities (CCA) and nominate a grandmother for the role of guardian during their absence , forced or voluntary.

How to take care of a grandchild?

• Of course, in order to obtain guardianship of a grandson, strong arguments will be required about the mother’s inability to temporarily fulfill her parental duties.
• This may be temporary incapacity in the form of disability , the absence of the mother due to obtaining higher education as a full-time student in another city , or other circumstances confirmed by documents.
• Registration of temporary guardianship over a minor child is possible upon the application of the mother or both parents to the guardianship and trusteeship authorities.

The authorities will be interested in the personality of the potential guardian: health status, socio-psychological portrait. The fact is that Art. 146 of the RF IC clearly regulates who can take responsibility for the fate of a child (even for a while) and who cannot. For example, grandmothers themselves, who were once deprived of the rights of their parents, do not have such rights in relation to their grandchildren.

Other circumstances and reasons will be taken into account, but the personality of the guardian is certainly considered through the prism of his personal, physical and moral qualities .

What documents are required?

The package of papers submitted to the Guardianship and Trusteeship Authorities includes documents (copies) of the child and grandmother. In addition, everything is accompanied by an application for consideration of this issue.

Here is a list of papers in case of registration of temporary guardianship according to the simplified version:

• passport of the guardian (grandmother);
• medical report regarding health assessment;
• certificate of permanent income;
• document on the right of ownership of housing;
• autobiography;
• certificate of no criminal record;
• grandson's birth certificate;
• if the child has reached the age of 10 years, then his written consent ;
• health certificate of a minor granddaughter;
• consent of the people closest to the baby (from among relatives) with the choice of the grandmother’s candidacy for the role of guardian.

Read also: Maternity capital for repairs: apartments, houses, housing reconstruction

In addition, you will need an act drawn up by representatives of the PLO after visiting the grandmother’s place of residence , and where the baby will now live. Most often, the child has actually already lived there for some time.

If a child lives in his/her previous home, an inspection of this living space will be required to determine its suitability for supporting a minor.

Procedure for filling out an application

1. The grandmother must contact the guardianship authorities with a statement.
2. Approximate sample application: Download
3. In the right corner of the sheet you need to indicate which public organization these papers are sent to, then the grandmother’s full name, her address and passport details.
4. In the statement in the first person (starting with the word “I”) it should be written that the grandmother, indicating her full name and year of birth, asks to be appointed guardian of the child (full name, place and date of birth).
5. The main information in the application for guardianship is data on material and living conditions, the state of health of the applicant for guardianship;
6. information that the guardian’s parental rights were not deprived, were not limited, and were not previously suspended from performing the duties of a guardian.
7. The application must also indicate:

1. place of work , certainly with clarification of the schedule, shifts, availability of business trips;
2. if the guardian is a pensioner, then you need to indicate on what grounds the pension was issued and the availability of benefits;
3. if the applicant is not a pensioner and does not work, then explain on what funds he exists ;
4. it is necessary to characterize the place of residence, affiliation , area, number of rooms, and also indicate who else lives in the specified area, specifying the degree of relationship and the presence of disabled people or incapacitated people deprived of parental rights;
5. information about education, experience working with children, awards or other characteristics that give grounds to entrust guardianship to the grandmother;
6. description of the relationship that developed between the grandson and grandmother . At the end of the application there is a signature with a transcript and date.

Below are the full names and signatures of other family members living in the same living space as the grandmother, stating that they are not against accepting another relative in the person of the ward. The following should list the attached documents.

The parents themselves can contact the PLO, then they will certainly indicate the grandmother’s full name and justify the reasons that prompted them to transfer custody , or why they themselves do not fulfill their parental responsibilities , as well as the period during which guardianship will be needed.

Guardianship of grandchildren with living parents deprived of rights

Grandmother guardianship is considered necessary if the parents are alive and have been deprived of parental rights . If only the mother is deprived of her rights, but there is also a father, then he will be considered the first who has the right to take care of the baby. The grandmother can claim custody if the father:

• did not recognize the offspring as his own;
• paternity has not been established by the court;
• declared incompetent, and there is a court decision.

We recommend reading the article about guardianship of children with living parents.

If the mother is alive and healthy, but leads an asocial lifestyle and does not fulfill her duty as a mother, then the grandmother will not be given custody; first, the mother will need to be deprived of parental rights.

Care without deprivation of parental rights

• Parents who go to work abroad or on a long business trip, or for some other important reason will not be able to fulfill their duties for some time , can contact the PLO, justifying and documenting their absence.
• Sometimes minor children become father and mother , in this case it is also possible to resolve the situation by allowing the grandmother, with living parents, to take on the role of official guardian until the child’s biological ancestors reach the age threshold of 18 years.
• After examining the circumstances and personalities of the parents, as well as the grandmother, the PLO may make a positive decision and allow temporary custody ; 7 days were allotted to study the circumstances and draw up a report.

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 .

1. 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.
2. 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).
3. 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 .
4. 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 .

For how long is temporary guardianship granted?

• The OOP act indicates the duration of temporary guardianship ; it usually corresponds to the period indicated by the parents in the parental application.
• In other cases, the period is determined for temporary guardianship lasting from 2 to 8 months , if necessary, extending it again, and so on until mom and dad are able to fulfill their duty again.
• This is done so that the grandmother again confirms her income and circumstances of residence with certificates.
• It is important to know that children deprived of parental care may well count on temporary guardianship by their own grandmother, if there are objective reasons for this.
• Circumstances can be very different, only deprivation of parental rights is excluded (in which case permanent guardianship is formalized).
• The application is written by the grandmother or parents , and is submitted along with a package of documents to the Public Education Office at the place of residence of the grandson.
• If there is also a grandfather, this is great, only one person (grandmother) is appointed responsible for the grandson or granddaughter, who is under 60 years old , has housing and an impeccable reputation with a normal level of health.
• About the registration of guardianship over a grandson by her own grandmother, you can watch the video “Elena Gonchar was only able to obtain guardianship of her grandson after 5 years”:

Source: https://2supruga.ru/roditelskie-prava/opeka/vremennaya-babushkoj-nad-rebenkom.html

Temporary guardianship of a child with living parents by grandparents - how to obtain temporary guardianship of a child

Home / Guardianship / Temporary guardianship of a child by a grandparent

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As a rule, children live with their parents and are constantly under parental care, education, and financial support. But circumstances cannot be ruled out in which the mother and father need a temporary “replacement.”

In such circumstances, the law provides for the transfer of the child to temporary guardianship or guardianship. As a rule, grandparents become guardians or trustees.

In this article we will look at what temporary guardianship is, how it is appointed, and what legal consequences it entails for the child, parents and relatives who have assumed guardianship responsibilities.

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

Many people know that when their parents are alive, children are placed in guardianship, for example, due to alcohol or drug addiction of the mother or father, imprisonment, or child abuse.

But there are other, less dramatic reasons for temporarily transferring custody of a child to others:

• parents moving to another city or country (for example, for work or study);
• long business trip or expedition;
• moving a child to another city for study;
• serious illness of parents;
• other circumstances in which the mother and father are unable to care for the child.

The law does not provide a complete list of circumstances under which it is permissible to place a child under temporary guardianship. This decision is made by the parents themselves .

Temporary guardianship does not deprive the mother and father of parental rights in relation to the child; they can still exercise their rights and fulfill responsibilities towards their son or daughter: to see, raise, support, represent the rights and protect the interests of the child. But during the forced absence of the mother or father, the guardian performs parental rights and responsibilities .

Features of temporary guardianship

So, temporary guardianship or guardianship is a form of representation and care for a minor child, which is appointed at the request of the mother and father, if for a certain time they cannot fulfill parental responsibilities for good reasons (Article 13 of the Federal Law of the Russian Federation “On Guardianship and Trusteeship”) ").

Temporary guardianship is assigned to children under 14 years of age, temporary guardianship is assigned to children from 14 to 18 years of age.

Features of temporary guardianship:

• Temporary guardianship of a child under 14 years of age is assigned at the request of the parents.

Even if the parents' marriage is dissolved or they are living separately, an application must be submitted by each parent. If a parent is raising a child alone (for example, a single mother, a widowed father), he submits the application alone.

• temporary custody of a child from 14 to 18 years old can be assigned at the request of the parents or the child himself ;
• the guardian or trustee is chosen by the parents or the child over 14 years of age;
• the duration of temporary custody is determined by the parents;
• temporary guardianship can be terminated early at the request of the parents;
• the procedure for appointing temporary guardianship is similar to the procedure for appointing permanent guardianship;
• the list of documents that must be submitted to the OOP is similar to the list of documents for permanent guardianship;
• a temporary guardian or trustee is vested with all the rights, powers, and obligations of a permanent guardian or trustee;
• the guardian or trustee does not receive any monetary remuneration ;
• state benefits are not paid for the maintenance of a child under their care ;
• temporary guardianship or guardianship is not subject to the privileges and benefits provided for permanent guardianship;
• The PLO monitors the fulfillment of guardianship duties and ensures that the rights of the child under guardianship are respected.

Why is temporary guardianship needed?

Few parents think about appointing temporary guardianship, even if they have to leave the child with grandparents for a long period of time. They don’t see an urgent need for it or don’t find the time.

If a child lives with his grandmother without registration of guardianship, he may be quite prosperous from the everyday point of view (fed, well-groomed, healthy), but from a legal point of view, he is not protected. His legal representatives - mother and father - are absent, and grandparents do not have the right to represent the interests of the child, make decisions, or bear responsibility.

Example 1

Single mother Polishchuk O. worked as a doctor in the regional center. After the end of her maternity leave, the woman was sent to improve her qualifications in Moscow. O. Polishchuk did not apply for temporary guardianship for six months and simply left the child with her grandmother.

During his absence, Polishchuk O. I have a place available in the kindergarten at my place of residence for her child. But since the mother was absent and the grandmother was not authorized to act in the interests of her grandson and submit documents, the vacant place was soon taken by another child.

Example 2

The spouses Kosenko V. and O. worked together on a rotational basis. The joint 5-year-old child stayed with his grandmother during the parents' regular work trips. Temporary guardianship was granted to the child for 1 year (until the end of the employment contract).

During another work trip, the child had an accident.

For surgical intervention and examination, it was necessary to obtain parental consent. Being the guardian - the legal representative of the child - the grandmother gave her consent. The child received medical assistance. The grandmother was allowed to accompany the child and make all decisions regarding his health.

Read also: Car after divorce: how to divide it when spouses divorce

Thus, temporary guardianship is not only a way to preserve a child’s familiar environment (place of residence, routine, everyday life, attending school or kindergarten), but also a way to protect children’s rights during the absence of parents.

Requirements for a temporary guardian or trustee

According to Art. 13 of the Federal Law of the Russian Federation “On Guardianship...”, parents can choose as a guardian a grandmother or grandfather, aunt or uncle, or another close relative whom they are willing to entrust with the care of their own child.

However, even such a trusted person must...

1. give consent to perform guardianship duties (according to clause 2 of Article 11 of the Federal Law of the Russian Federation, no one can be appointed as a guardian against their own will ),
2. comply with the requirements of the law (according to Article 146 of the RF IC, Article 35 of the RF Civil Code),
3. submit documents and pass the check of the OOP (according to the “Rules for the selection and training of guardians...” approved by Decree of the Government of the Russian Federation No. 423 of May 18, 2009),
4. obtain an opinion on the right to be a guardian.

The requirements for a guardian who performs duties temporarily are as high and strict as the requirements for a permanent guardian:

• age of majority . For example, an older brother or sister who has not yet reached the age of majority cannot be appointed as the temporary guardian of a little brother or sister;
• full legal capacity;
• citizenship of the Russian Federation;
• permanent place of residence (in your own or rented residential premises);
• constant source of income;
• health (absence of alcohol or drug addiction, disability of groups 1 and 2, as well as dangerous or serious diseases listed by Decree of the Government of the Russian Federation No. 117 as amended on June 20, 2018, which include mental, infectious, and oncological diseases),
• no criminal record;
• no cases of removal from guardianship or deprivation of parental rights due to violations of the rights of the child or ward;
• high moral qualities, impeccable reputation, positive characteristics.

Until what age is a grandmother given guardianship?

The legislation contains only a lower age limit for guardians - 18 years.   There is no upper age limit established by law .

And although in practice representatives of the PLO roughly focus on the age limit of 60 years, what is much more important is not age, but the health and moral qualities of the grandparents, strength, ability to raise a small child, and most importantly, the trust and permission of the parents.

A grandparent who is over 60 years of age may well be appointed guardian of a grandson or granddaughter if there are no other reasons for refusal.

Important! The guardianship and trusteeship authority (CCA) must take into account the opinion of a child who is already 10 years old.

How can a grandparent obtain temporary custody of a child?

As a rule, the procedure for registering guardianship (including visits to the educational institution, preparation of documents, obtaining a decision) is undertaken by the parents, and not by the grandparents.

This is due to the fact that it is the parents who are the legal representatives of the child - until the final decision on the appointment of guardianship is made and new representative responsibilities are assigned to the grandmother or grandfather.

Procedure

Follow this step-by-step plan:

• consultation with a representative of the PLO;
• preparation of documents for the guardian and ward;
• filing an application for guardianship;
• verification of documents;
• verification of place of residence;
• issuing a conclusion on the right to be a guardian to the grandmother or grandfather;
• making a decision on the appointment of guardianship.

Let's look at the most important stages of the procedure.

Preparing an application

According to paragraph 1 of Art. 13 Federal Law of the Russian Federation “On guardianship...”, temporary guardianship is appointed upon a joint application of parents who, for good reason, cannot fulfill parental responsibilities.

The legislation does not contain a uniform and mandatory form of parental application.

The application must contain the following data:

• name of the OOP;
• information about mother and father: full name, date of birth, place of residence;
• information about the child: full name, date of birth, place of residence;
• information about the person whom the parents intend to appoint as guardian: full name, date of birth, place of residence, relationship (if any);
• term of temporary guardianship;
• a statement of the reasons why the parents intend to place the child in temporary custody;
• consent for the child to live in the guardian’s residential premises;
• consent to the guardian’s performance of representative rights and duties in relation to the child;
• petition: to transfer the child into temporary custody (indicating the child’s full name and date of birth);
• date of;
• signature.

In addition, according to the procedure approved by Decree of the Government of the Russian Federation No. 423 as amended. dated November 15, 2019, the grandmother or darling must also submit an application for the opportunity to be a guardian. Applications from the guardian are drawn up on the prescribed form

Source: http://law-divorce.ru/vremennaya-opeka-nad-rebenkom-babushkoj-ili-dedushkoj/

Reasons and grounds for temporary guardianship without deprivation of parental rights

Table of contents

Temporary guardianship of a child by a grandmother can be legalized through the local guardianship and trusteeship authority. This requires two things - the consent of the interested parties and the compliance of the candidate for the role of guardian with legal requirements. If these conditions are met, the legal patron acquires special rights and obligations regarding the upbringing of the grandson and the representation of his interests.

Why register?

The reason for the establishment of non-permanent guardianship is life circumstances in which a minor is left without parental supervision for some time. This is possible if the father and mother work in remote locations, often travel on business trips, or are seriously ill. Other common reasons include:

• financial difficulties in the family;
• shift work of mom and dad;
• studying for a minor in a foreign city.

Temporary guardianship is issued without deprivation of parental rights. On the contrary, parents take an active part in this procedure - they choose a guardian by mutual agreement, provide written consent to the OPP and set the validity period of the agreement. The presence of a blood relationship between the ward and the patron allows the case to be completed in a simplified manner without litigation.

Important! Regardless of the degree of relationship between the child and the appointed caregiver, the law especially carefully protects the property rights of a minor. A grandmother who is looking after her grandson does not have the right to dispose of the property of her ward for personal purposes.

Forced removal of a child

Appointing a guardian when parents are alive is permitted only with their consent. This rule does not apply when the interests of a minor are grossly violated. In such cases, we are talking about deprivation of rights regarding one’s own child. Official removal occurs through the court.

The grandmother can file a lawsuit in which she should argue for the need to transfer her grandson under her control.

The grounds for satisfying the claim are evidence of drug addiction, alcohol abuse, and neglect of basic children's needs by parents.

However, in such cases we are no longer talking about temporary, but about permanent guardianship. The guardian grandmother, like other close relatives, has priority rights.

It is the related entities that are first given the opportunity to pick up the baby and take care of his upbringing.

If none of the relatives has expressed such a desire, they are required to consent to the involvement of an outside entity in the performance of guardianship functions.

Peculiarities

If the court revokes only the maternal authority, the biological father has priority in taking the child away. Grandmother care under such circumstances is not considered necessary by the state. There is a chance to win the case if the father:

Temporary guardianship is established over a grandson who has reached the age of 14. This form of care is characterized by the expanded capabilities of the ward. A 14-year-old person has the right to independently submit an application to the PLO with a request to assign a specific person to him for protection and representation.

The opinion of the ward, who is already 10 years old, must be taken into account when making the final decision. From this age, the child can submit his objections or suggestions. All considerations must be presented in writing.

If the ward moves to another region of the Russian Federation, then he should be registered at the new place of residence. This is necessary to apply for a medical insurance policy or to enroll your child in kindergarten or school. Without registration, it will not be possible to obtain payment and benefit provisions from the state.

Requirements

The criteria that the guardian grandmother must meet, established by law. The requirements for applicants are described in detail in the Family and Civil Codes, as well as in the relevant federal law No. 48-FZ of April 24, 2008. The main thing that PLO employees should take into account in any case is:

• the citizen-applicant reaches the age of majority;
• he has full legal capacity.

In addition, you will have to undergo a medical examination to confirm a satisfactory state of health and ensure access to housing. The latter is necessary for government officials to check the grandmother’s living conditions and draw up a special report. After all, temporary guardianship involves cohabitation between a minor and his patron.

• Question:
• Until what age can a grandmother serve as an authorized guardian?
• Answer:

The law does not set an age limit for those who officially declare their desire to care for a minor. However, officials pay attention to the applicant's health condition. If a person of respectable age does not suffer from illnesses that impede his physical or mental activity, there are no obstacles to obtaining guardianship.

Restrictions

There are situations when the child will not be given to the grandmother. They are provided for in Art. 146 RF IC. It is prohibited to appoint a guardian of a subject, even from among close relatives, if he:

• deprived of parental authority by the court;
• has a criminal record for serious or especially serious crimes;
• is married to a partner of the same sex;
• suffers from alcoholism or drug addiction;
• in the past he was removed from guardianship functions due to his own fault.

Procedure

The procedure for registering non-permanent guardianship includes several independent stages. The most important point is to reach agreement among all interested parties - grandmother and parents. Separately, you need to find out the opinion of the ward, especially if he is already 10 years old.

The next step is to determine the required body of the OP and send applications. As in the case of consent, the appeal is submitted by both parties to the legal relationship. Application forms and samples are available for review on the information boards of the authorized body or on the official websites of government agencies.

After submitting all the necessary documents, an exit is assigned to the place of residence of the future guardian to check living conditions. The documentation submitted by citizens is carefully checked. Based on the results of the activities carried out, a final decision is made - approval of the application or a reasoned refusal.

Important! Participants in the procedure have the right to conclude a separate agreement. The text details the rights and obligations of the parties, responsibility for failure to perform or improper performance of assigned tasks. In some cases, supervision is provided on a paid basis. Then the agreement specifies specific amounts of remuneration for the work performed.

List of applications

Formation of the required documentation package often plays a decisive role. The list of official papers for the grandmother-guardian is as follows:

• passport;
• statement;
• autobiography compiled according to the chronology of life events;
• certificates of no criminal record and passing a medical examination;
• certificate of ownership of real estate or an extract from the Unified State Register;
• income certificate, pension certificate;

In addition, you should prepare a parental application and passports. You will also need the child's birth certificate. If a guardianship agreement was concluded, copies must be attached.

Financial questions

The parties have the right to provide for payment for the performance of guardianship activities. State assistance is prescribed when parents have died or are deprived of the right to raise a child. Financing is carried out by paying one-time charges and regular payments. As a rule, the monthly benefit amount is 7,000-8,000 rubles.

Child guardianship procedure and list of documents

Conclusion

A grandmother can raise her grandchildren with official guardianship over them. This allows for the legal representation of minors in all public and private institutions. It is permissible to perform such duties only on a voluntary basis.

The issue can be resolved through OOP. First you need to prepare a package of documents, undergo a medical examination and prove the proper condition of the living space for sharing with your grandson or granddaughter. If a guardian is appointed from among relatives, a simplified procedure is applied. The parties have the right to conclude an individual agreement and specify all the important points there.

Source: https://semyahelp.ru/semejnoe-pravo/usynovlenie-i-opekunstvo/prichiny-i-osnovaniya-vremennogo-opekunstva-bez-lisheniya-roditelskikh-prav