A quick way to protect the rights of a child deprived of parental care is to establish guardianship or custody. Preference is given to adults who have family ties with the child. Thereafter, guardians and custodians are considered the legal representatives of the minor.
In what circumstances can guardianship or care be established?
There are many situations in which guardianship or care may be established. The most common are cases where the parents:
- have died;
- are unknown to the child;
- have been declared dead by a court;
- have had their parental rights terminated;
- have been declared legally incompetent;
- unable to provide care (imprisoned or ill);
- absent for more than six months;
- on long-term secondment;
- have left the country;
- are wanted by the police;
- are prisoners of war.
It should be noted straight away that guardianship and custody are not considered adoption. In some cases, once the circumstances leading to the loss of parental care have ceased to exist, the child may be returned to their family. Adoption is possible in the following cases:
- the parents have been deprived of their parental rights;
- have been declared dead or missing;
- have been declared legally incompetent.
How to properly arrange guardianship of a child?
Before starting the procedure, it is important to understand the differences:
- guardianship refers to the care of children under the age of 14;
- guardianship refers to the care of children aged 14 to 18.
The process is as follows:
- mandatory application to the child welfare service;
- undergoing counselling and interviews to assess suitability for guardianship;
- compiling a set of documents;
- inspection of living conditions;
- receipt of the decision from the guardianship authorities;
- transfer of the child.
Guardians who are not relatives must undergo training on special courses.
How can a guardianship lawyer help?
To complete the procedure as quickly as possible, you will need the assistance of a lawyer. Their role is as follows:
- collecting the necessary documents;
- verification of the child’s status;
- obtaining the necessary certificates;
- assistance in liaising with the child welfare service;
- monitoring all requirements of the guardianship authorities;
- assistance with housing inspections;
- resolving disputes between families.
Legal assistance with guardianship from Svarog
The guardianship process can be complex due to the need to gather a large number of documents. A family lawyer from Svarog will help resolve the following issues:
- preparing all documents;
- obtain the necessary certificates;
- provide legal support;
- offer advice where necessary;
- draft statements of claim.
We can make the process of establishing guardianship simpler. Book a consultation with us and get answers to all your questions.
Frequently asked questions and answers
How do I arrange guardianship of a child?
You must comply with all legal requirements. You can find out what these are from the child welfare service.
How does guardianship differ from care?
Guardianship refers to the care of a child under the age of 14. Care refers to the care of a child aged between 14 and 18.
What documents are required to establish guardianship?
You must gather the following documents:
- an application for guardianship;
- passport and personal identification number;
- marriage certificate (if available);
- consent from all family members for the child to live with you;
- proof of income;
- documents proving ownership of the property;
- medical certificate;
- certificate of no criminal record.
Who can be a child’s guardian?
Adults of legal capacity may apply for guardianship. The following have priority:
- close relatives;
- godparents;
- persons who are best placed to represent the child’s interests.
Is a court required to establish guardianship of a child?
In the absence of disputes, guardianship is established by a decision of the guardianship authority, taking into account the opinion of the child welfare service.
How long does it take to establish guardianship?
From the date of the initial application, the processing of documents should take up to three months.