How to file for custody of a child in florida

Filing for Parental Responsibility in Florida: 4 Steps (FL)

Parents request orders for a parenting plan, time-sharing schedule and child support by filing a case in family court. This initiates the litigation process.

If you and the other parent agree on all issues, in some cases you can submit your settlement agreement at the same time.

Custody X Change is software that creates parenting plans and custody schedules you can file with the court.

Make My Florida Plan Now

If you hire a lawyer, they'll prepare and file family court forms for you. If you're representing yourself, follow the steps below.

Step 1: Complete your family court forms

The forms below have been approved by the Florida Supreme Court for use in any county. Ask your county clerk's office whether it prefers certain versions or requires additional forms. Some counties may allow you to complete forms online.

All forms should be typed or printed in black ink, and many require you to sign in front of a court clerk or a notary public.

All parental responsibility and time-sharing cases need a cover sheet, a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit and a Child Support Guidelines Worksheet.

Then complete the forms that apply to your case below.

To open a divorce case at the same time as your parental responsibility case, complete the Petition for Dissolution with Dependent or Minor Child(ren). If either parent plans to move more than 50 miles away, complete the Petition for Dissolution with Dependent or Minor Child(ren) and Relocation instead.
If you're separated from your spouse but not divorcing, and you want to request child support, complete the Petition for Support Unconnected with Dissolution with Dependent or Minor Child(ren).
If you're separated but not divorcing and want to request child support and a parenting plan (including time-sharing), complete the Petition for Support and Parenting Plan Unconnected with Dissolution with Dependent or Minor Child(ren).
If you're not married to the other parent, complete the Petition to Determine Paternity and for Related Relief (even if paternity is not in question). The mother or father can file this form.

Your case might require additional Florida family court forms:

If you can't agree how to handle responsibility, time-sharing and childcare expenses for the duration of the case, complete the Motion for Temporary Support, Time-Sharing, and Other Relief with Dependent or Minor Child(ren) to request a temporary court order.
If your safety or your child's safety is at risk due to the other parent, file a Petition for an Injunction for Protection Against Domestic Violence (also known as a restraining order). You can also file a Request for Confidential Filing of Address to keep your address private.
If you can't afford court fees, ask to have them reduced or waived by submitting an Application for Civil Indigent Status.
If someone who is not a lawyer with the Florida Bar helps you fill out forms, you must submit a Disclosure from Nonlawyer. The nonlawyer also needs to sign the forms they help you complete.

Step 2: File your family court forms and pay fees

Your case officially begins when you file the initial petition with your local circuit court. The parent who opens the case is referred to as the petitioner, while the other parent is the respondent. Both are referred to as litigants.

All litigants have the option to submit paperwork in person to the circuit court clerk.

Litigants representing themselves can opt to file through the Florida Courts E-Filing Portal. If you choose this option, the majority of your court communication and paperwork will be electronic. (Review the e-filing rules, noting that forms requiring notarized signatures must be scanned.)

When filing, you have to pay filing and administrative fees. Petitions usually cost between $300 and $500 each. In addition, one parent has to prove that they've been a Florida resident for at least six months by providing a copy of their driver's license, state I. D. card or voter registration card.

The clerk will return copies of paperwork to you for the next step.

Step 3: Serve the other parent

After filing, the petitioner must formally notify the respondent through a process called service.

Take your court paperwork to the sheriff's office or a private processing server to have them deliver it to the respondent. The sheriff generally charges less than a private server. If the other parent can't be located for service, contact the court clerk.

Step 4: Wait for the other parent to respond

The other parent must file a response to your petition (or request an extension) within 20 calendar days of service. They are also required to serve you with copies of their response.

The respondent has the option to contest your petition, which means they challenge some or all of it. They can add a counterpetition to request something not included your filing, or to propose an alternative, such as a different time-sharing arrangement.

Alternatively, the other parent can file an uncontested response, which means they agree with your petition and don't want to challenge anything. They may still file a counterpetition to request something additional, in which case you need to respond by filing an Answer to Counterpetition.

If the other parent doesn't respond or request an extension before the deadline, you can file a Motion for Default. If the judge approves your motion, the case proceeds without the other parent's involvement.

Information for respondents

When you're served with the other parent's petition, you must respond within 20 calendar days.

Your response paperwork depends on your situation. Possible forms include:

Answer to Petition for Dissolution of Marriage (without counterpetition)
Answer to Petition and Counterpetition for Dissolution with Dependent or Minor Child(ren)
Answer to Petition to Determine Paternity and For Related Relief
Answer to Petition and Counterpetition to Determine Paternity and for Related Relief
Motion for Scientific Paternity Testing

You can e-file or submit your response to the clerk's office in person. You also must serve the other parent with copies of your response (instructions in Step 3).

If you miss the deadline and the other parent is granted a default motion, you can file a Motion to Set Aside Default Judgment. You'll need to provide an explanation and evidence for why you didn't respond on time.

Department of Revenue (DOR) Child Support Program

In some circumstances, parents may obtain paternity, child support or time-sharing orders from the Department of Revenue Child Support Program. These orders can be issued in conjunction with orders from your family court case after you follow the steps above.

If parents don't need a divorce or parental responsibility and time-sharing decisions, they can skip the family court steps above and instead go through the DOR's process.

Preparing for what comes next

The next step in the family court process depends on your situation. If parents agree on everything requested in petitions and counterpetitions, they can move on to the settlement process. If your case is contested, the court will order you to mediation.

No matter what's next for you, take advantage of custody technology to be fully prepared.

The Custody X Change app offers a parenting plan template, personalized time-sharing calendars, a shared expenses tracker and more.

You can use the app in many ways in Florida: to negotiate, prepare evidence, file for settlement and more.

Be prepared for every step of your case with Custody X Change.

Custody X Change is software that creates parenting plans and custody schedules you can file with the court.

Make My Florida Plan Now

Custody X Change is software that creates parenting plans and custody schedules you can file with the court.

Make My Plan

Custody: Filing for custody (parental responsibility)

Legal Information: Florida

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Updated:

March 3, 2022

How do I file for custody (parental responsibility)?

How you file for custody (parental responsibility) will depend upon the circumstances of your case.

If you are married but are involved in a divorce proceeding in Florida, parental responsibility will be determined in the divorce proceeding. If you are married and have not begun a divorce, you would file in the circuit court where the child lives.

If you are not married, you may file a petition to determine paternity. The court will order DNA testing, enter a parenting plan dealing with parental responsibility and creating a time-sharing arrangement and award child support. This can be done in the circuit court in the county where the child lives. However, there can be pros and cons to establishing legal paternity - you may want to talk to a lawyer about the pros and cons of filing to establish paternity or filing for custody before you file.

The Florida Courts website has many of the relevant forms that need to be filed on their website.

Also, if you are filing a petition for an injunction for protection against domestic violence, you can ask for temporary custody of your child in your petition. However, any custody order that you get would expire when the injunction expires.

Note: If you want to modify (change) a parenting plan, you may file in the circuit court in the county where either parent and the child reside or in the circuit court in which the original order was entered.¹

¹ F.S.A. § 61.13(2)(d)

Where can I file for child custody? (Which state has jurisdiction?)

Generally, you must file in the “home state” of the child. The “home state” is the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the child custody proceeding is started. If your child is less than six months old, the home state is the state where the child has lived from birth. This means that if you and your child recently moved to Florida, you generally cannot file for custody in Florida until you and your child have lived here for at least six months. Until then, Florida courts do not have jurisdiction (power) to make a child custody determination. For the first 6 months that you are living with the child in Florida, either you or the other parent could start a custody action in the state that your child most recently lived in for at least six months.¹ However, if a case is started in the former state where you lived, then you would likely need permission from the judge in that state to move to Florida with the child, which can be difficult to get.

However, there are exceptions to this “home state rule” described above. In some cases, you can file for custody in Florida when the child and at least one parent have “significant connections” to Florida (aside from physically being in the state) and substantial evidence is available in Florida concerning the child’s care, protection, training, and personal relationships. Usually, however, you can only do this if no other state qualifies as a home state or if the home state has agreed to let Florida have jurisdiction. ² This can be complicated. If you think this applies to your situation, please talk to a lawyer. Go to our FL Finding a Lawyer page.

¹ F.S.A. § 61.514(1)(a)
² F.S.A. § 61.514(1)(b)

Do I need a lawyer to get custody (parental responsibility)?

You do not need a lawyer to file for custody (sole or shared parental responsibility). However, with the help of a lawyer, it may be easier for you to gather and present the information you will need to convince the judge of your position on what the parenting plan and time sharing schedule should be. Also, if the other parent has a lawyer, it will be more difficult for you to present your case. For free legal assistance and legal referrals go to our FL Finding a Lawyer page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

Can I get custody (parental responsibility) of my child if I file for an injunction for protection against domestic violence?

You may ask for temporary custody (parental responsibility) of your child when you file a petition for an injunction for protection against domestic violence in Florida. ¹ The clerk of court will provide you with a petition form that includes a section to complete if you want the judge to make a temporary parenting plan where you can request that the abuser’s time-sharing be limited, prohibited, or supervised.² However, parenting plan and time-sharing provisions granted with an injunction expire with that order.¹ For more information on how to get an injunction for protection against domestic violence in Florida, please see our Injunctions for Protection Against Domestic Violence page.

¹ F.S.A. § 741.30(5)(a)(3) & (6)(a)(3)
² F.S.A. § 741.30 (3)(k)

I fled to Florida with my children to escape domestic violence. Can I get temporary emergency custody of my child in Florida even if another state is the child's "home state"?

Possibly. If you have come to Florida with your child because you, the child, or a sibling of the child is subjected to or threatened with mistreatment or abuse, you can apply for temporary emergency custody in a Florida court. ¹ If there is already a child custody order from another state or there is an ongoing custody case in another state, any temporary custody order issued by the Florida court would be valid for the period of time that the judge believes that it would take you to return to the original court to try to modify (change) the original order.²

Getting temporary emergency custody can be difficult to do. We strongly recommend that you get help from a lawyer if you are considering filing for temporary emergency custody. Go to FL Finding a Lawyer. For information on what state is the “home state,” please see Where can I file for child custody? (Which state has jurisdiction?)

¹ F.S.A. § 61.517(1)
² F.S.A. § 61.517(3)

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Family Law - Sharifov & Associates - Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.

divorce by consent in New York

Frequently Asked Questions:

1. What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.

order of protection in new york

2. How can I get an order of protection in case family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").

The Domestic Violence Petition, in the absence of agreement by both parties, will be decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Sometimes, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for both of the relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially divorced?

The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.

5. What is custody and how is the issue of child custody after divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.

Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.

6.

Will I have less time to visit my child if the other parent has exclusive legal custody?

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions in the event that both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.

child support in New York

9. Will I be able to pay less child support than is legally allowed?

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided for by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time?

Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same time with the children, there is case law stating that the parent with the higher income is considered the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more preferable it is for clients to take good faith negotiations seriously as the most favorable way to resolve a dispute.

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?

No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.

OK with this parent?

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to learn as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support.

Here are a few factors that are considered the most significant:

length of marriage; the age and state of health of each spouse;
present and future earning potential for each spouse;
your opportunity to become financially independent;
reduced or lost earning opportunity due to denial or delay in education, training, employment, or career development during marriage;
having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that environment, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.

18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?

Usually not. However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home.

19. Will the court force me to sell my house?

If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.

20. Credit cards: Should they be cancelled?

If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card. If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined.

21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?

The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.

22. If I own a business or share in a business, will my spouse get a share of the business?

If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will likely be able to claim a portion of that business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a juvenile delinquency case between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile delinquent, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to a parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to marry, such a marriage may be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years.

If one of the spouses is terminally incapable of sexual activity, the marriage can be annulled.
Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled. However, a healthy spouse may be required to maintain a mentally ill spouse for life.
The parties must knowingly consent to the marriage. A marriage may be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent.

27. What is a declaration of invalidity of a marriage and how does it differ from annulment?

Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy. In the case of incest, this is a marriage between ancestors and descendants, brothers and sisters (including half blood). In the case of bigamy, one of the parties is already married to another person.

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What is guardianship?

In Russia, citizens who need guardianship include minors, that is, children under 14, as well as persons recognized by the court as incompetent. We are talking about people who, due to a mental disorder, cannot understand the meaning of their actions or control them. This is stated by the Federal Law "On guardianship and guardianship". Based on the document, citizens appointed by the body of guardianship and guardianship "are the legal representatives of the wards, and perform on their behalf and in their interests all legally significant actions. "

Guardianship is aimed at protecting the interests of the listed categories of citizens, as well as the very possibility of declaring a citizen legally incompetent. This was also emphasized by the Constitutional Court in the framework of Resolution No. 15-P dated June 27, 2012 “On the case of checking the constitutionality of paragraphs 1 and 2 of Article 29, paragraph 2 of Article 31 and Article 32 of the Civil Code of the Russian Federation in connection with the complaint of citizen I.B. Business".

How is guardianship different from guardianship?

In addition to guardianship, there is also guardianship, under which adolescents aged 14 to 18, as well as persons with limited legal capacity, can fall. Such people cannot be fully responsible for their actions. This category has more rights than minors and the incapacitated. For example, they can independently perform small everyday transactions and actions provided for by law (dispose of their own income, etc. ). However, in other cases, they are obliged to assist the trustee.

It turns out that the guardian has more rights and obligations than the trustee, and therefore he bears a great responsibility.

Who can become a guardian or custodian?

The main requirement for a candidate is full legal capacity. And since it comes from the age of 18, the guardian must be of age. The law also establishes a list of restrictions. Guardianship cannot be issued by persons:

deprived of parental rights;
having an unexpunged or outstanding conviction for an intentional crime against life or health;
who did not agree to become a guardian.

When it comes to guardianship of young children (under 14), additional restrictions are set. Future guardians must undergo special psychological, pedagogical and legal training, as well as prove that they are in a bisexual marriage. Those who have registered a same-sex marriage in the territory of another state will not be able to arrange guardianship.

Arranging child custody

This process is supervised by guardianship authorities. To find out all the details of the procedure, you must contact the district office. The state is interested in ensuring that children are not left unattended, are not placed in orphanages and boarding schools, and therefore, most likely, those who wish to arrange guardianship will be met halfway and will be helped in every possible way.

The candidate needs to write an application, collect documents confirming, among other things, the passage of special training, and in case of a positive answer, sign an agreement.

How can I get guardianship of an elderly incapacitated person?

The algorithm is the same as for children - the guardianship and guardianship authority will also deal with the issue of guardianship. However, there are also differences. Thus, custody of an elderly or adult person does not always involve the joint residence of the guardian and his ward. This issue is decided individually, but cohabitation, of course, is welcome. It is much easier for a guardian to fulfill his duties and provide supervision, especially when it comes to a pensioner who, most likely, has a sufficient number of health problems.

If cohabitation is intended, the consent of all members of the guardian's family living with him in the same dwelling, including children aged 10 years, must be obtained.

How to get paid guardianship?

There are two types of guardianship:

free of charge;
paid.

In the first case, nothing is paid to the guardian. Paid guardianship can have quite flexible conditions, which are fixed by the contract. In accordance with Article 16 of the Federal Law “On Custody and Custody”, remuneration can also be paid at the expense of third parties, from the income from the property of the ward (no more than 5% and only if he is already an adult), as well as from the budget .

Features of the legal status

The guardian has an unlimited range of powers - he represents the interests of the ward in any relationship, no matter what is discussed. Moreover, this rule applies even when registering custody of a minor with living parents. If the ward is a child, then the guardian acts as a father or mother. However, in some cases notification of guardianship authorities is required. They can also establish restrictions on the actions of the guardian or, conversely, oblige him to perform any actions. All this is recorded in the act on the appointment of a guardian or custodian, or in an agreement on the implementation of guardianship or guardianship.

What documents are required for registration of guardianship?