How can i take full custody of my child
How Do I Get Full Custody in California of My Children?
Getting full custody of your children requires a child focused strategy
by B. Robert Farzad
How do I get full custody of my child in California? What matters to the court?
You have a California divorce and you are concerned about your kids. You are asking, "how do I get full custody in California of my child?" and you want answers. We are here to help.
First, make sure you know what "full custody in California" really means.
Full custody is the term parents sometimes use when referring to the legal term of sole custody. Sole custody comes in two forms - Sole legal custody and sole physical custody.
There is a significant difference between the two and in this article we will discuss how parents can and should obtain it.
Our family law firm has offices in Los Angeles, Orange County and San Diego. We are available for an affordable strategy session to discuss your specific situation and provide you with legal advice.
A parent requesting full custody in California must have persuasive evidence
The court needs a compelling reason consistent with the children's best interest to order full custody to one parent.
We wrote a comprehensive guide on California child custody laws which discuss California's public policy of favoring frequent and regular contact with both parents and generally favoring joint custody.
A parent opposing a full custody request must not take the request lightly
Similarly, a parent who is facing a full custody order against him or her must be aware that he or she cannot just walk in the court and assume everything will work out.
Although a request for full custody is not something that a court should ever take lightly, a defending parent must be vigilant in his opposition and be prepared to set forth to the court why the requesting parent does not meet his or her burden of proof that is required by California law.
In addition, a parent opposing a request for full custody should consider whether he or she should make a counter request for full custody if the request for custody by the other parent is made in bad faith.
This includes but is not limited to situations where the other parent has engaged in misconduct such as false allegations of abuse, parental alienation, improper influencing of the children or interference with joint custody rights and is using any of that as a basis for the modification.
What evidence will the court will need to rule on a full custody request?
We will go through the common scenarios to seek full custody or oppose a bad-faith request for full custody.
Will a finding of domestic violence support a request for full custody in California?The short answer is yes, unless the other parent can persuade the court not to apply the presumption of Family Code 3044. Family Code 3044 in subsection (a) states:
"(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child's siblings, or against any person in subparagraph (C) of paragraph (1) of subdivision (b) of Section 3011 with whom the party has a relationship, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020.
This presumption may only be rebutted by a preponderance of the evidence."
Section 3044 then goes on to state how you rebut the presumption.
That means that a judge should favor a sole legal and sole physical custody request when one parent has been found to have committed domestic violence.
That however is not a conclusive presumption but a rebuttable one, which means the parent facing such a request can produce evidence to avoid a sole legal and sole physical custody order.
What impact will drug or alcohol abuse have on a full custody request?The court can take substance abuse into consideration when evaluating a request for full custody by one parent.
This includes drug or alcohol use and abuse of prescription medication, the latter of which is becoming an epidemic in America.
Parents often make the mistake of thinking that a simple allegation or even proof that the other parent has used drugs or alcohol is, by itself, enough to support a sole legal and physical custody request.
California law requires more than just the bare allegation that one parent uses drugs.
For example, to get an order for an alcohol or drug test, a parent must show habitual, frequent or continual illegal use of alcohol or drugs.
That is because the focus is on the children's best interest and unless alcohol or drug use has reached that point of compromising the children's best interest, family law judges may hesitant to make a sole legal and sole physical custody order.
That is very different than making orders other than full custodyHowever, the court can still limit parenting time and make other orders to protect the children, short of an order for sole legal and sole physical custody.
A parent concerned about substance abuse should be vigilant in retaining a good family law lawyerA parent faced with another parent who uses illegal drugs or abuses prescription medication or alcohol should be vigilant in his or her retention of an experienced family law attorney.
The family law attorney will evaluate the facts and determine what requests should be made to the court and whether or not sole legal and physical custody orders or something different is best.
What about a parent who is facing allegations of substance abuse in a child custody case?A parent facing a full custody (or any) request against him or her must be prepared to submit evidence that he or she does not abuse alcohol or use illicit drugs.
If the parent used to have a drug or alcohol problem, evidence that he or she has participated in treatment as well as alcohol or narcotics anonymous and has taken other steps to curb or eliminate his or her addiction will generally go a long way with a family law judge in the divorce and custody case.
Sincerity and honesty is a big factor in addiction and one mistake parents make is to try to hide the alcohol and drug use thinking that it will not be found out.
Doing so generally makes a bad problem worse when the addiction gets to a point where the evidence of it is clear and there is now also a history that the parent lied to the court about that addiction.
Anytime the parent gets caught lying to the court under oath about something serious, which an addiction and substance abuse is, that fact may not bode well for the parent in future hearings.
What about the issue of child abuse and full custody requests?
Child abuse also qualifies as a justifiable reason seek a full custody request in California.
The nature and extent of the abuse, as well as its proximity to the filing, are all important factors.
Parents who wait and do nothing regarding abuse for many months or a year or more may face an uphill battle when trying to persuade the court that the past abuse is good cause for current full custody orders.
Time is of the essence with child abuse allegationsA family law judge has to be a realist.
It may be difficult to persuade a judge that something is an emergency or a child needs immediate protection if you have done little to nothing to protect the child from the very abuse about which you're complaining.
In addition, delaying the reporting of the abuse and seeking a full custody request much later will put your own credibility at issue if:
- The abuse is not documented (photos, etc.), or
- There is no evidence of its reporting (law enforcement, child protective services, medical providers), and
- It becomes a he said and she said scenario, especially when the child is too young to testify and corroborate the abuse.
On the other hand, if the abuse is recent or it has a lengthy history which is likely to be repeated, parents stand a very good chance of obtaining full custody of the children in order to protect the children from further abuse.
The family court may order an internal investigation or appoint a custody evaluatorIn such situations, family law courts may appoint an internal court investigation or private child custody "730" evaluation of some type to determine the history of the abuse as well as obtain facts and recommendations from court-appointed expert witnesses or social services.
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What about false allegations of abuse or domestic violence?
Can that be used to request full custody?
This is a difficult topic because courts do take false allegations of abuse seriously, as they must pursuant to California law, but, in our opinion, do not take it seriously enough.
False allegations of abuse is one of the worst things that a parent or spouse can do to the other parent and children.
The more serious the false allegation, the more likely that a parent will need to take immediate action.When dealing with knowingly false allegations of child abuse, California law states in Family Code 3027.
5(b):
"The court may order supervised visitation or limit a parent's custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent's lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that he or she knew was false at the time it was made. Any limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or any statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state's policy of assuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020."
You should seek full custody against a parent who made false abuse allegationsThose who are victimized by false allegations of abuse must take the case as seriously as those victimized by actual abuse itself.
It is the better way to protect the children's best interest and avoid further damage to their emotions and psychology.
Our experience shows a parent willing to make false allegations rarely stops doing so until they lose custody.
What if a parent has abandoned the children?
Is that grounds for full custody in California?
Abandonment is a serious allegation and there does need to be evidence in support of it. However, courts can make full custody orders against the parent who abandoned children.
We most often see this in one of two situations.
Scenario number one with abandonment and full custodyFirst, a situation where there has not been any custody order and one parent has been the sole caretaker of the children.
The other parent has provided little to no financial support and little to no time has been invested with the children since separation.
In such a scenario, when it has gone on long enough, the court has the discretion to order full custody to the parent who has been the caretaker.
That is because there has been no bonding between the abandoning parent and the children and it clearly would not be in the children's best interest to completely turn the status quo upside down and destroy what they have become accustomed to simply because the abandoning parent now suddenly wants to get back into the children's lives.
Does that mean the parent who abandoned the children is forever barred from re-entering the children's lives? Of course not.
However, in such situations, the court will want to see actual effort (and the result of that effort) by the abandoning parent and genuine and proactive work into restoring the relationship with the children and increasing the parental bond.
This is done by starting off with visitation that is not overnight and will allow the children to adjust slowly and steadily to the increased parenting time as he or she demonstrates to the court that he or she is now serious about spending time with the children.
The second scenario happens when there is actually a court order in place but the abandoning parent does not follow it.
The result should be the same but, because there is a court order, it is not uncommon for the abandoning parent to use it as a means of harassment of the other parent and threaten the other parent with contempt proceedings or other court intervention if the parent who has been caring for the children does not capitulate to the abandoning parent's whims, whenever he or she decides that he or she wants to see the children.
The parent who has cared for the kids full-time is placed into a difficult situation.
On the one hand, no right-thinking parent wants to violate a court order.
On the other hand, that parent knows that it is not in the children's best interest to be shuttled back-and-forth unpredictability like this just because of the other parent's lack of stability and abandonment.
The best course of action is to seek an immediate court order for a child custody and visitation modification.
Otherwise, the full-time parent will continue to be under constant harassment, intimidation and threats.
Once the court orders are modified, those things do not become an issue anymore because the abandoning parent has lost all of his or her leverage for his or her misconduct.
Are these all of the ways that a parent can seek full custody in California?
No article can cover every scenario but the above are common.
Contact our family law firm if you have any questions and want an affordable strategy session.
We can help you obtain full custody if the facts justify it or defend against a full custody request if the other parent does not have the facts to support his or her claim.
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Full Custody in Texas: How to File and Win Custody of Your Children
We don’t have to tell you that raising children isn’t easy. Furthermore, figuring out how to raise a child after separating from the child’s other parent can overwhelm the best of us.
Sometimes, you may feel that getting full custody in Texas is your best option. If you’re asking how to win full custody as a father or how to win full custody as a mother, we want to help you understand the process.
As a preliminary matter, there is no actual term of “full custody” under the Texas Family Code, even though most people use that term. Most often, when people say “full custody” they mean who the children live with during the school week, which is referred to as “primary” in Texas.
Sometimes though people use “full custody” as meaning the other parent relinquishing or terminating their parental rights. Other times people use “full custody” as meaning sole managing conservatorship and supervised custody for the other parent. In this article, “full custody” will be treated as synonymous with “sole managing conservatorship”
Basic Parental Rights in Texas
The first thing to understand when determining how to get full custody of a child in Texas is the scope of the general rights that every Texas parent has. Under Texas law, every parent typically has the right to have “physical possession” of their child.
Additionally, every parent normally has the right to participate in making legal, health, educational, moral, religious, relationship, and residential decisions for their child.
Each parent also has multiple duties to care for and support their child.
When parents separate, Texas law wants both parents to share their parental rights and responsibilities. If you don’t believe this sharing is possible in your situation, there are a handful of ways you can get sole custody in Texas.
How to Get Full Custody in Texas
You can fight for two kinds of custody in the Texas family law system: physical custody and legal custody. Texas law calls physical custody “possessory conservatorship,” and it labels legal custody as “managing conservatorship.” If you have sole physical custody, your child lives with you full time. If you have sole legal custody, you normally have exclusive rights to:
- Decide the location of your child’s residence,
- Consent to healthcare for your child,
- Hold or spend support payments for your child,
- Handle your child’s legal issues,
- Make decisions about your child’s education,
- Consent to your child’s marriage,
- Apply for and keep travel documents for your child,
- Consent to your child’s military service, and
- Utilize your child’s earnings and services.
You can fight for one or both of these kinds of custody. Once you determine what kind of child custody you’re seeking, you need to determine the best way to file for it.
How to File for Full Custody in Texas
There are two ways you can win full custody in a family court:
- You can file for sole custody or
- You can file to terminate the other parent’s rights.
You start your case by filing a custody or termination petition in the court where your child is a resident or in the court that presides over your divorce (if applicable). You then serve the other parent, or anyone else with custody rights, with the citation.
Now that you know how to get your case started, you need to know how to fight for your position.
How to Fight for Full Custody in Texas
Petitioning for termination of the other parent’s rights requires you to meet a different burden of proof than simply petitioning for sole custody.
Fighting for sole custody
To win sole custody, you generally have to prove that it’s in the best interest of your child.
When deciding what’s in your child’s best interest, the court might look at many factors, including:
- Your child’s specific needs,
- Any relevant history of abusive behavior from you or the other parent,
- Any relevant history of neglect by you or the other parent, and
- Any relevant history of violence from you or the other parent.
It’s important to gather and organize as many records and statements as you can regarding your child’s needs and how they haven’t been met by the other parent.
Fighting to terminate the other parent’s rights
Filing to terminate someone else’s parental rights is a drastic measure, but it’s unfortunately necessary in some cases. If you believe it’s necessary to terminate the rights of your child’s other parent, we empathize with how difficult it must have been to come to that conclusion.
The State of Texas does not terminate parental rights easily. To terminate their rights you must prove that the other parent:
- Abandoned your child,
- Endangered your child,
- Neglected your child,
- Caused serious injury or death to a child,
- Committed certain criminal offenses,
- Engaged in certain forms of substance abuse, or
- Had their parental rights to another child terminated because of endangerment.
You might need to compile relevant police reports, court documents, medical reports, protection orders, and testimony to prove by clear and convincing evidence that the other parent committed one of the listed acts. Clear and convincing evidence is a high standard to fulfill. Your best option for success is to hire a skilled child custody attorney who can meet this standard for you.
How Can a Father Get Full Custody in Texas?
If you’re a father trying to figure out how to get full custody of your child in Texas, don’t assume that you don’t have equal custody rights in family court. Gone are the days when courts automatically determined that a mother should have sole custody regardless of the facts of the case. When deciding custody matters, Texas family law doesn’t consider your sex, the sex of your child, or your marital status.
In general, the court considers your characteristics as a parent, your child’s needs, and the characteristics of the other parent when making its decision.
That being said, sometimes the best way for a father to get custody in Texas is by being proactive about his paternity and parental involvement from the beginning.
There are a few custody laws that specifically affect fathers
Fathers who voluntarily and knowingly abandon mothers who are pregnant with their children can be subject to termination of their parental rights. And fathers who weren’t married to the mother, weren’t living with the child for the first two years, or didn’t acknowledge their paternity might not be recognized as parents.
If you’re not married to the pregnant mother of your child, do what you can to support the mother and your child. You might need to prove you were around once you knew about the child to get any custody rights, let alone sole custody.
The Best Way for a Mother to Get Custody in Texas
Remember, the rules and standards for how to get sole custody in Texas are the same for mothers and fathers. But mothers’ parental rights can be terminated if they used alcohol or illegal, nonprescription drugs while pregnant.
If you have a notion that the other parent of your child might try to use this argument to terminate your rights, you should speak to an attorney immediately. And you should collect as many documents as possible to prove that you didn’t engage in that activity. Also, remember to keep any documents that prove that a father claiming custody doesn’t legally qualify as a parent.
Don’t Wait to Speak to an Attorney When Your Child’s Wellbeing Is at Stake
At The Larson Law Office, we know how to win child custody in Texas. The fight for sole custody isn’t always easy or realistic, and it’s often emotional. But if you’re in the greater Houston area, we’re here to help you make the best possible decisions in your custody battle and help you put yourself in a position to obtain the best possible results with the facts of your case.
Our lawyers focus on our clients’ unique needs for protecting their families. We are highly experienced and ready to fight for you. Contact us online or call us at 713-221-9088.
How to take a child into custody in 2023: how to get guardianship
Lada Pozdeeva
talked to her mother-in-law about guardianship
Author profile
She became his guardian.
I learned from Svetlana how to take a child into custody, what is needed for this and what payments a guardian can receive from the state.
You will know
- How Svetlana made the decision
- What is guardianship
- Differences between guardianship and adoption
- School of foster parents
- Documents
- Housing preparation
- Choosing a child
- Agreement with guardianship authorities Costs 0015 Payments for a child in care
- Difficulties
- Psychological aspects of guardianship
How Svetlana made the decision
My mother-in-law has three daughters and one son. The children are already adults, and she rarely sees them.
She meets with some of them only once a year.
In 2012, Svetlana realized that her youngest daughter would also soon graduate from school and go to study in Syktyvkar. And it is 730 kilometers from their village.
At that time, my mother-in-law was 50 years old, and she did not want to stay with her common-law husband without children. It seemed to her that the big village house would be empty and lonely without them. For her, this was a reason to take a six-year-old boy from an orphanage under guardianship. The civil husband supported her.
Svetlana Pozdeeva - my mother-in-law, mother of four children and guardianBy law, guardianship is an arrangement for a family of children under 14 years of age. Guardians appointed by the guardianship and guardianship authorities are considered the legal representatives of the wards and act on their behalf and in their interests.
paragraph 1 of Art. 2 of the Federal Law "On guardianship and guardianship"
Guardianship is not adoption.
They differ in their essence, in documents, in the form of state control and in the amount of payments.
Adoption is the adoption of a child into a family as a son or daughter. It entails irreversible legal consequences. For example, an adopted child is equated in property rights with a native: after the death of an adoptive parent, adopted children are considered heirs of the first stage. A child under guardianship does not have such rights.
Art. 137, 138 SK RF
art. 1147 of the Civil Code of the Russian Federation
Svetlana did not consider adoption, because she understood that relations with a child from an orphanage might not work out.
Differences between guardianship and adoption
Paperwork. Fewer certificates are required to take a child into custody than to adopt one. For the mother-in-law, this also played an important role. She works as a social work specialist and initially understood that it was easier to get custody of a child than to collect documents for adoption.
Memo for candidates for adoptive parents
State control form. Social security checks come to the guardian more often than to the adoptive parent. For some people, this can cause psychological discomfort.
Amount of lump-sum payments. If a person adopts a child, he is entitled to a one-time payment from the region: 200,000 R for a healthy child and 250,000 R for a child with physical disabilities. These amounts of payments are valid in the Komi Republic. The adoptive parent also receives a one-time allowance - 22 909 R.
Law of the Republic of Komi on state support when transferring a child to a family
Benefits and payments to citizens with children
art. 12.2 of the Federal Law "On state benefits to citizens with children"
The guardian is not given such large amounts. He receives only an allowance - 22,909 R. Regions have the right to establish their own additional one-time payments, their amounts may vary.
Foster Parent School
The prospective guardian must be trained at a foster parent school and receive a course completion certificate.
While studying, future adoptive parents and guardians get acquainted with the regulations in the field of guardianship, as well as with the amounts of payments and benefits. Guardianship specialists psychologically prepare people for someone else's child in the family and discuss with them stressful situations that may arise.
Order of the Ministry of Education and Science on approval of the training program for guardians and foster parents
During the courses, future guardians are given tests, memos and information leaflets with tips on raising children and helpline numbers - the guardian can call there in emergency situations.
The guardianship authorities can meet the candidate halfway and allow him to study after he takes the child into custody. And some caregivers take these courses two or three times to learn how to get along with the child.
Documents
The future guardian must submit a package of documents to the guardianship department at the place of residence:
- Application for the desire to become a guardian.
- Certificate of no criminal record.
- Certificate of employment indicating the average salary or certificate of employment of the spouse of the person who has decided to become a guardian. You can also submit another document that confirms the income of the candidate or his spouse.
- A copy of the marriage certificate, if the guardian is one.
- Consent of adult family members to accept a child into the family.
- A copy of the guardian training certificate.
- Autobiography.
- Conclusion on the results of a medical examination.
clause 4 of the Rules for the selection of guardians
Application form of consent of adult family members living together to accept a child into the familyPDF, 212 KB
The candidate for guardianship will have to check whether he has any medical conditions that may prevent him from taking the child into care.
For example, these include mental disorders and alcohol addiction. People with disabilities of the first group cannot take a child under guardianship.
List of diseases that may prevent you from becoming a guardian
All documents must be up to date. A certificate from the place of work is valid for a year, a health certificate - for 6 months.
Svetlana believes that her pedagogical education helped her to pass the selection process and become a guardian. She told about him in her autobiography. In the same place, she wrote that the common-law husband had been a cross-country skiing coach for many years and worked with children.
The guardianship authorities also asked Svetlana for a reference from work, although this document is not specified in the law. It was not difficult for Svetlana to obtain all these certificates, extracts and certificates. Instead of copies, you can bring original documents to the guardianship authorities. Specialists will make copies themselves.
Documents can be submitted via the Internet: on the website of public services or on the official website of the guardianship and guardianship authorities in your region. You can also do it at the nearest MFC.
clause 5 of the Rules for the selection of guardians
Guardianship authorities will verify the information within two business days from the date of submission of the application and documents.
Art. 146 SK RF
Preparation of housing
Having submitted documents to the guardianship authorities, the future guardian must prepare housing for inspection by specialists. Within three working days after the authorities confirm the information provided by the candidate, they will check the living conditions and draw up a special survey report.
clause 8 of the Rules for the selection of guardians
The guardian's house should be clean, a corner and a sleeping place should be equipped for the child, and toys should be bought.
During the visit, specialists from the guardianship authorities will ask about the relationship between family members.
In some cases, guardianship officials may not inspect the candidate's house - for example, if a person has a positive reference from work.
When the act of examining housing conditions is ready, the guardianship authorities must make a decision on the candidate for guardians within 10 working days.
If the decision is positive, specialists will issue a conclusion on the person's ability to be a guardian - it is valid for two years.
paras. 9 and 11 of the Rules for the selection of guardians
Choice of the child
After receiving the opinion, the future guardian must select the child he wants to take into the family. First you need to decide on the age and gender, and then get to know the child in order to understand whether the guardian and the child can live together.
You can find a child in an orphanage or on special websites, such as "Orphans" or "Adoption in Russia".
About the database of children left without parental care
The Adoption in Russia website is a project of the Ministry of Education and one of the main resources for finding a child. There you can choose a ward or ward of a certain age. The site has a search for different regions.
More information about children who can be taken into the family is published by foundations and news sites. Each region has its own information sources where data on children left without parental care are posted.
Svetlana met the child in the office of the guardianship authority. She took a liking to the boy right away. With the consent of the guardianship specialists, she took him for the weekend. Since then, the child began to live with Svetlana, she decided not to give him away.
Svetlana immediately noticed that the boy is often overexcited. She believed that this was due to his difficult fate. The child also had psychological trauma and poor eyesight. This did not frighten the mother-in-law: she already had experience in raising difficult children.
Having taken the boy from the orphanage, Svetlana understood that she would have to take him to the republican hospital and bear the costs of treatment. But this is the choice of the mother-in-law - healthy children also live in shelters.
Agreement with guardianship authorities
Such an agreement is concluded if necessary, if it is in the interests of the ward. Child custody is by default free of charge. The guardian receives only child benefits, which he is obliged to spend strictly on the child. The amount of the allowance is established by regional legislation. But a guardian or candidate for guardianship may conclude an agreement with the guardianship authorities on the performance of all duties for a fee and receive additional cash payments. To do this, you need to write a special application.
Art. 16 FZ "On guardianship and guardianship"
Sample agreement on a foster familyPDF, 98 KB
If you sign such an agreement, the guardian will be paid a fee for raising the child.
There is no need to report to the state for this money. Svetlana is also a contractual guardian.
clause 9 of the Rules for the selection of guardians
After collecting all the documents, submitting applications and choosing a child, specialists from the guardianship authorities draw up an act on the appointment of a person as a guardian.
Costs of care
The activities of the guardian and the quality of life of the child are constantly monitored by the guardianship and guardianship authorities. Svetlana lives in the Ust-Tsilemsky district of the Komi Republic and, as a guardian, is attached to the local center for social protection. Once every six months, she receives checks from the guardianship authorities. Specialists look at the appearance of the ward, whether he has clothes and shoes for the season. They also ask the guardian about how the child communicates with peers, with family members.
Art. 24 of the Federal Law "On guardianship and guardianship"
Specialists also control the conditions in which the child grows up.
In order to maintain the conditions of his life at the proper level, constant costs are needed to update repairs, purchase books, toys.
The child must live with a guardian
By law, the guardian and the child must live together. Separation is allowed only when the child is 16 years old. This is possible only with the consent of social workers.
st. 36 Civil Code of the Russian Federation
Guardians must notify the guardianship authorities of any change of residence.
Personal space. In an apartment or house for a child, there must be a separate bed and a play area. In the act of checking the living conditions of a minor ward, which is compiled at each check, there is even a corresponding line.
If the child does not have a furnished personal space, the guardian will be obliged to equip it.
Cleanliness and order. The house should be clean: the floor and dishes are washed, the dust is wiped off.
At the time of the check, the kitchen must have cooked food, and the refrigerator must have food supplies for at least two days. Some welfare officers even look into pots to find out what the child is being fed.
Svetlana's ward loves to play consoles. His favorite game is TanksRepair. Every year Svetlana makes cosmetic repairs in the child's room. For example, she paints the floor and windows, glues wallpaper. It takes 2500-3500 R per year.
It is necessary to make annual repairs because the guardianship authorities carefully ensure that the child lives in a clean and renovated room. And if in ordinary families the repair in the room can be done when the parents themselves want it, in the guardian family, the guardianship authorities will ensure that it is always fresh.
The amounts Svetlana spends on supporting her son vary from month to month.
At first, the boy had clothes left over from his life in his family. This helped the mother-in-law save money in the first months of guardianship.
At the same time, specialists from the guardianship authorities advised Svetlana not to buy expensive toys for her son, because he quickly broke them. Instead, they offered to purchase inexpensive construction sets so that the child develops fine motor skills of the hands.
Svetlana regularly gives her ward something that goes beyond the budget. For example, over the past year, she bought him a smartphone, new clothes for school, as well as a jacket and trendy sneakers.
On the wall in Svetlana's house there is a daily routine of her ward. Warm clothes and shoes for a child are one of Svetlana's most significant expenses. She lives in the north, so she has to be responsible in the choice of children's winter clothesHow much does guardianship cost
| Already purchased | |
|---|---|
| Clothing and footwear | 7000 R |
| Desk | 4000 R |
| Toys and books | 3000 R |
| Bed | 2000 R |
| Chair | 1500 Р |
| Total | 17 500 Р |
Already purchased
Clothing and footwear
7000 R
Desk
4000 R
Toys and books
3000 R
Bed
C 9000 3 9000 R 9000 3
1500 R
Total
17 500 R
| Had to spend | |
|---|---|
| Trips to welfare authorities and hospital | 2000 R |
| Paid medical examination for yourself | 1500 Р |
| Toys and books | 1000 Р |
| Large terry towel | 1000 Р |
| Total | 5500 R |
I had to spend
Trips to the guardianship authorities and the hospital
2000 R
Paid medical examination for myself
9000 towels
1000 R
Large terry towel
1000 R
Total
5500 R
| Expenses | Per month | per year |
|---|---|---|
| Home and school meals | 8000 P | 96 000 Р |
| Transport and medicine | 3000 R | 36 000 R |
| Unexpected expenses | 2500 R | 30,000 R |
| Clothes and toys | 2000 R | 24 000 Р |
| Large purchases | - | 15 000 R |
| Room renovation | - | 3000 R |
| Total | 15 500 R | 204 000 Р |
Expenses
Monthly
Annually
Home and school meals 9
2 800002 96,000 R
Transport and medicine
3000 R
36000 R
Unexpected expenses 02 24,000 R
Large purchases
—
15,000 R
Repairs in the room
-
3000 R
Total
15 500 R
204 000 R
3First child care1002 payments guardians issue a lump sum payment to the guardian.
In 2012, when the child was transferred to the family, Svetlana received about 14,000 R. The region also transferred 10,89 monthly9 R - this money must be spent on a child and accountable for them to the state. Every other month, Svetlana was given 1410 R to repair the house. Art. 12.2 of the Federal Law "On state benefits to citizens with children"
Art. 37 Civil Code of the Russian Federation
art. 3 Law of the Republic of Komi on state support when transferring a child to a family
Every year, the amounts of payments are indexed: for example, from February 1, 2023, a one-time payment to a guardian is 22,909 R. The amounts of other payments depend on the region and the age of the child under guardianship.
In addition, the boy's bank account receives alimony from his own father. But this money cannot be used without the knowledge of the guardianship authorities. Svetlana once removed alimony to buy clothes and a bicycle for her son.
At first, Svetlana was a guardian for free and did not receive monthly payments.
In 2014, social security specialists offered her to conclude an agreement on paid guardianship: she went with her son to doctors in Syktyvkar several times a year and spent a lot of money on it. Svetlana agreed to such help. After that, according to the agreement, she, as a guardian, began to receive about 8,000 RUR from the region every month. This money does not have to be spent only on a child.
Art. 16 of the Federal Law "On guardianship and guardianship"
paragraph 6 of the letter of the Ministry of Education and Science No. 06-364
Svetlana also enjoys benefits for the rest of the ward. For example, she sent him to a camp and a sanatorium on discounted vouchers. The boy went to the camp from school as a child from a foster family, and to the sanatorium from the hospital on the testimony of a doctor.
Decree of the Government of the Republic of Komi on the development of a system for the rehabilitation and recreation of children
Every year, no later than February 1, the guardian submits to the guardianship and guardianship authorities a written report on the expenses for the child on a special form.
It reflects how the guardian used the state allowance and disposed of the property of the ward.
Art. 25 of the Federal Law "On guardianship and guardianship"
It also records how much money the guardian spent on the treatment of the child and on durable goods. The report is accompanied by checks that confirm the costs.
paragraph 1 of Art. 148 SK RF
Svetlana lives in a village, and some stores there simply don't issue checks. But especially for the report, she asks the sellers for them. Checks are not needed just for food, basic necessities, and household items such as soap, toothpaste, and brushes.
The report of the guardian is kept in the personal file of the ward.
Svetlana keeps a notebook where she writes down the expenses for clothes, toys and other things for the ward. Sometimes the guardianship authorities require such notebooks as additional evidence of how she spent the allowance on her son. The annual amount of expenses for a child must not be lower than the amount of payments received for himDifficulties
If the guardian does not pass one of the regular social security checks or shows himself on a negative side, the guardianship authorities can take the child.
Art. 148.1, 65 SK RF
Art. 36 of the Civil Code of the Russian Federation
The following situations are also unacceptable for a guardian:
- The child is systematically left at home without adult supervision.
- No food at home.
- The guardian abuses alcohol, and this was recorded by social workers or confirmed by witnesses.
- A child comes to kindergarten or school dirty, in torn clothes.
- The child himself complained to the guardianship authorities about the guardian.
To raise a child, a caregiver must lead a healthy lifestyle and be positive in every way.
Svetlana's ward has problems with studies. Guardianship specialists know that the boy is not doing well in some subjects. They are periodically interested in whether there are improvements in the development of the school curriculum and why difficulties arise. Svetlana has to constantly motivate her ward to study well so that the family does not have problems with guardianship authorities.
Psychological moments of guardianship
At the beginning of guardianship, Svetlana did not bring guests to the house. It was the advice of the guardianship authorities - so that the child quickly adapts to the new environment. The future guardian must be ready to temporarily limit ties with the outside world and fully devote himself to the child being cared for.
Svetlana sometimes quarrels with the ward and takes the boy's pranks and misdeeds very close to her heart, which makes her very nervous. But when everything is fine, Svetlana is happy. Most of their life passes in mutual understanding. The boy calls Svetlana mom.
Svetlana's own children accepted her choice: to raise a child from an orphanage. They communicate with the boy on an equal footing and do not focus on the fact that he was not born in their family.
This is important for both the guardian and the ward.
Remember
- Child custody is a big responsibility. Especially if the ward has health problems. The guardian needs to be ready to take the child to doctors, take him to other cities for examinations and send him to sanatoriums.
- Being a guardian is not a way to earn money. Rather, on the contrary, state payments for the maintenance of a child are not always enough.
- The guardian needs to find out from the guardianship authorities and the school about all possible types of social assistance for the child - preferential vouchers and additional payments. This will help reduce family expenses.
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