LawState and Law

Custody of children: all existing nuances

Custody of children is the adoption of a child into the family, which for some reason has remained without parental care (for example, parents have been deprived of the rights to it, they have died, are incompetent, etc.). The article describes all the details of the procedure for appointing a guardian, his duties, the rights of the child.

Guardianship and guardianship, what's the difference?

Do not confuse these two concepts. The difference between them is that guardianship can be issued only for children from 14 to 18 years, and guardianship, respectively, only up to 14 years. Custody and guardianship are formalized in the guardianship and trusteeship authority for the child's place of residence. This institution should consider applications of candidates who want to take the child within 30 days. If the guardian is not appointed for a month, the state body should temporarily take responsibility for the child.

Who can claim?

Custody of children over a certain person can be formalized only with the consent of such a person. After all, if the guardian does not agree to this, then a compulsory decision can not protect the interests of the child. In addition, a citizen who wishes to take a child into the family should not:

- to suffer from alcoholism or drug addiction;

- have a criminal record

- be deprived of parental rights in respect of their children. If he was a trustee (adoptive parent, guardian) of other citizens, he, too, should not be forcibly deprived of this right.

The candidate must be suitable for health reasons. The guardianship body must also find out the personal characteristics of the candidate, his moral qualities, relationship with the child, how he will be able to fulfill his obligations, etc.

Who becomes the guardian more often?

As a rule, custody of children is made by their close relatives. But at the same time, other people can take the child to the family. Sometimes it happens that parents for certain reasons can not continue to educate and support a child. In this case, the candidate can be recommended or selected by the guardian.

Child custody : rights and duties

After the guardianship and trusteeship body decides on the appointment of a particular person, an identity card is issued to him, explaining his powers and obligations. After the citizen took the child's custody, he has the right to receive a monetary reward for this. In the future, the guardianship authority should strictly monitor the actions of the guardian in relation to the child.

According to Art. 147 SK for a child has the following rights:

  1. To care from the person who took it to him.
  2. To stay in the guardian's home.
  3. On the housing that he had before the appointment of a guardian.
  4. To receive education, upbringing, respect and development.
  5. In the case of unlawful acts of the guardian, the child has the right to protection.

A citizen who took custody of the children (the child) can independently make decisions on the methods of their (his) upbringing (but after agreeing with the guardianship authority and the child himself), on choosing a place for their (his) education and the form of education.

The guardian is obliged to help in obtaining the wards of general education, should not interfere with the communication of the child with parents and relatives, and also abuse other rights.

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