How to get custody papers for a child
Filing for Custody | NY CourtHelp
When you come to court about custody or visitation for your child, you may have a choice: whether to file a custody petition and have your case heard in front of a Judge or court attorney-referee or to have your case referred to mediation.
If you already have a custody or visitation order for your child from Family Court, you can use the Custody/Visitation Modification DIY Program to ask the court to change the order or the Custody/Visitation Enforcement DIY Program to ask the court to enforce it if it is not being followed.
Who Can File for Custody
Anyone who has an important role in a child's life may ask the court for custody. You don't have to be the child's parent. When a Judge decides custody between a parent and someone who is not a parent, he or she will consider if there are "extraordinary circumstances" first. If there are extraordinary circumstances, then the Judge will consider what is in the best interest of the child.
The person who starts the case is called the "Petitioner." The case is against the "Respondent".
Where to File for Custody
Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court. The custody order is part of the Divorce Judgment.
How Much Does It Cost
It is free to file a custody petition in Family Court. If you get a lawyer, it is your responsibility to pay for the lawyer's services.
After Filing for Custody
After filing the custody petition, the petition and summons must "served" (delivered) on the other side in person. If a non-parent is filing for custody, the petition must be served to both parents. The summons will tell both sides when and where to come to Family Court for the custody hearing.
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What you can file to ask for a child custody and visitation order | California Courts
Index: All Pages
There are different types of cases and papers you can file to ask for a child custody and visitation (parenting time) order.
Which type of case or papers you can file depends on your situation, like whether you and the other parent are married or you already filed a family law case.
If you have a family law case, you can file a
Request for Order in that caseIf there's already a family law case involving the child in California, then you can file a Request for Order (form FL-300) to ask the judge to make or change an order in that case about child custody and visitation (parenting time). Common family law cases are divorces or parentage (paternity) cases.
If you and the other parent agree about what orders you want, you can also ask the judge to make your agreement an order.
Generally, if there is a case in another State about custody of the child, you will need to file papers in that State to ask for custody orders. Talk to your court's Self-Help Center staff to find out your options, or talk to a lawyer for advice.
How to Request an Order
If you do not have a family law case, you need to start one to ask for custody and visitation (parenting time) orders
You first need to start a family law case (like a divorce between you and the other parent or a parentage case).
Then, you can ask in that case for child custody and visitation orders. Which type of case you start depends on your situation.
Typically, the child will need to have lived in California for the past 6 months (unless they are less than 6 months old) in order for a California judge to make a decision about custody. If the child has been living in another State for the past 6 months, then often you need to file a case where the child lives now. Ask your court's Self-Help Center staff or get legal advice if you aren't sure if California is the right state to file in.
| If you and the other person . . . | You can file a . . . |
|---|---|
| Are married or in a domestic partnership and want to divorce or legally separate | Petition for divorce or legal separation |
| Are married or in a domestic partnership and do not want to divorce or legally separate | Petition for Custody and Support |
| Are not married or in a domestic partnership and you are not both the child's legal parent | Petition to Determine Parentage |
| Are not married or in a domestic partnership, but are both the child's legal parent (for example, you both signed a Voluntary Declaration of Parentage or legally adopted the child) | Petition for Custody and Support -or- Petition to Determine Parentage |
| Have a child together and you need protection from the other parent | Request for a Domestic Violence Restraining Order |
If you are not the child's parent but want custody of the child because the parents are not able to care for the child, find out more about guardianships.
This is when the court orders someone other than a child's parent to have custody of the child.
How to get custody of a child, elderly or disabled?
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 incompetent in a judicial proceeding. 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". nine0009
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 household transactions and actions provided for by law (dispose of their own income, etc.). However, in other cases, they are obliged to assist the trustee. nine0009
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 the 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; nine0028
- 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. nine0009
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. nine0009
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 . nine0009
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. nine0009
What documents are required for registration of guardianship?
- Written statement of consent to the establishment of guardianship.
- Documents of the guardian: proof of identity, proof of income, no criminal record, state of health (medical report in the form established for persons wishing to obtain guardianship), marital status and the right to use the living quarters.
- Consent of family members of the future guardian, including children under 10 years old (provided they live with the guardian in the same territory) to live together with the ward. nine0028
- Documents of the ward: identification, income, from the place of study or work, medical certificates.
- Documents confirming kinship, if the candidate is a relative.
A complete list can be found on the State Services portal, which contains clarifications on the design and number of copies of documents. You can apply for guardianship there.
How often are post-custodial checks carried out?
- First month of guardianship - 1 check.
- First year of guardianship - 4 checks (every 3 months).
- Then - once every 6 months.
Image source: pixabay.com
Arranging custody of a child with living parents
Children are the most vulnerable category of people in society. Sometimes it is they who need protection more than adults. In life, there are situations in which fathers and mothers do not show the necessary care for their children. There are solutions to this problem in the legislation. One solution to the problem is guardianship. nine0009
Free consultation on family matters Specialist Sergey Borisovich Volkov REQUEST A CALL
IN WHAT CASES IS THE GUARDIANSHIP OF MINORS NECESSARY?
Guardianship of a minor is issued in the event that the father and mother do not fully fulfill their obligations to the child.
To obtain the status of a guardian for a child who has parents, the law establishes the following.
- This can be both a physical and mental deviation, in which there is no full-fledged care for the child. nine0028
- Field of activity related to permanent and unlimited business trips.
- The territory of residence of the father and mother is in another city or country.
- Lack of opportunity to provide your own child with things necessary for life, growth and development.
- The desire of parents to abandon their child on a voluntary basis.
The Family Code still contains reasons related to the return of the father and mother of the child. Parents have not reached the 16-year return, and the relationship is not registered according to the norms of the legislation of the Russian Federation. nine0009
WHO CAN BECOME A GUARDIAN, WHAT REQUIREMENTS DO THE LAW
- Legal legislation puts the interests of the child at the head.
That is why a prerequisite for the life of the baby and his social development is to improve the standard of living and his environment before the change of guardianship. A complete list of requirements is specified in article 146 of the Family Code - The guardian must have full legal capacity. This means that the guardian is obliged to have a legal form for the commission of legal acts, and it is he who bears absolute responsibility for the execution of any actions related to the field of jurisprudence. nine0028
- It is unacceptable to have criminal or administrative punishment, as well as cases of deprivation of parental rights from a person who wants to become a guardian and take care of a child.
A person who is ready to take responsibility for a minor citizen will not be appointed as a guardian if he has a chronic drug or alcohol addiction (a mandatory medical examination of candidates for guardianship is carried out). And also people with the first group of disability are not allowed to guardianship.
nine0009
HOW TO GET GUARDIANCY OVER A CHILD
The legal legislation of the Russian Federation provides for only two main possibilities for obtaining custody of a child:
- - the presence of a written consent from the biological parents
- - availability of documents indicating the deprivation of legal parents of their parental rights
WHAT CHILDREN ARE ALLOWED TO HAVE GUARDIANSHIP
- Before the age of 14 of the minor.
- In case of deprivation of the father and mother of the rights to the child, then until the age of 18, and in exceptional situations up to 23 years.
- When there is a temporary lack of opportunities for full-fledged child care.
Guardianship for a certain period of time is issued in the following cases:
- Father and mother officially terminated their marriage.
- A person who has not reached the age of majority attends an educational institution located far from the place of residence
- An unfavorable economic situation in the family or one of the parents has a serious physical or mental deviation.
GUARDIANSHIP OF A SICK CHILD WITH A DISABILITY
The process for obtaining custody of a minor with a disability is very different from that for a child without a disability. All this is due to the fact that disabled children are more defenseless. According to the law, disability is considered to be physical and mental disabilities. nine0009
- A person who wants to become a guardian of a child with a disability must go through the most difficult procedure.
- Proper comprehensive medical examination.
- Written parental consent required. If this consent is not provided by the guardian, the registration process is very complicated.
GET A PRICE
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Relatives, especially grandmothers, have priority in matters of guardianship. And all because grandmothers, like no one else, can replace a mother for a child.
Although relatives have the first priority when applying for guardianship, the package of documents for guardianship remains unchanged.
Of course, the desire of the persons in respect of whom guardianship is issued is taken into account in accordance with the law, but as practice shows, children with a great desire remain to live with close relatives. nine0009
RIGHTS AND OBLIGATIONS OF THE GUARDIAN
The Family Code is the document regulating the main processes related to guardianship and guardianship, and in disputable situations it is necessary to refer to the federal normative act (law).
A person who has taken custody of a minor is obliged:
- The guardian is obliged to provide his ward with housing, clothing and food.
- The guardian takes care of the health of his or her ward and takes measures for treatment in case of symptoms indicating illness. nine0028
- The guardian is obliged to provide the minor with all conditions for comprehensive development, provide an opportunity for education.
- The guardian must meet the needs of the child until the age of 16.
- The guardian is required to have a common place of residence with the ward until he reaches the age of 16 years.
- When changing the place of residence, the person who has issued guardianship is obliged to notify the guardianship authorities about this. nine0028
- The guardian is obliged to own and use the property of the ward with the written permission of the authorized bodies.
- The funds of a minor are spent only on his needs. The guardian submits an annual report for the money of his ward.
A person who has taken custody of a minor has the right:
- A person who has taken custody has the right to use the things of a minor until the age of 14, and with the permission of the child up to 16 years of age. A person in respect of whom guardianship has been issued begins to participate in legal transactions on his own, only when he reaches the established age. nine0028
- The person who has issued guardianship independently establishes the methods of the educational process of the ward, but the guardianship authorities have the right to express their opinion.
- The guardian receives money for the child he has taken into custody.
- If the person who has issued guardianship has a decreased financial condition, or health problems have begun, he has the right to cancel guardianship in the relevant authorities.
WHAT DOCUMENTS DO YOU NEED?
Due to the fact that when registering guardianship, guardianship authorities entrust the life and health of a minor child, this process is quite laborious and requires a large amount of materials, which reflect the maximum information about the guardian. Documents related to the materials required for registration of guardianship:
- Identity document (passport).
- A complete and consistent account of the life of the person who draws up guardianship (autobiography). The autobiography reflects information about education, places of residence and places of work. Providing false information may result in liability, up to criminal liability.
nine0028 - Certificates indicating the financial condition of the guardian. In the case when a person has more than one source of income, information on all is required.
- Standard statement of the competent authorities to which the person who holds guardianship expresses his desire.
- Written consent is required under the condition that the parents have rights to the child.
- Pension certificate. Required for grandparents if they decide to become guardians of their grandson. nine0028
- A document (certificate) certifying the fact that the person formalizing guardianship has no criminal record.
APPLICATION AND NUANCES OF THE PROCEDURE
The state guardianship authorities are responsible for documenting guardianship in our country. A citizen who wants to take a child to himself must collect a complete package of these documents and together with him apply to the guardianship authorities at the place of residence.
